In order to be awarded disability benefits, you must show a “medically determinable impairment.” This means medical tests must support your claims.
Occasionally, evidence of migraine headaches can be seen on MRI, but this is the exception rather than the rule. Often times Judges will deny disability claims due to migraines because there is no medical testing supporting your claims. This happens even if you have 3 specialists stating you have severe migraines, and it is within the authority of the Judge, so appeals are often unsuccessful.
A new District Court decision requires Judges to consider migraine headaches under the same criteria as they are required to evaluate non-convulsive epilepsy. (Listing 11.03) This listing requires the ALJ to consider the frequency of migraines, the length of time they last, and any residual effects following migraines.
This is a huge win for individuals suffering from chronic migraines which are preventing them from maintaining employment.
