53-Year-Old Creole speaking Haitian woman in Fort Pierce, Florida – Epilepsy Listing of Impairments 11.02
A Creole interpreter was present at the hearing to translate the client’s testimony from her native language of Creole to English. The hearing was conducted telephonically due to COVID-19.
The claimant testified she suffers from seizures which she described are frequent about three times a month even though she takes her medications as prescribed. After multiple car accidents her license was taken away. Since she loses consciousness during seizure activity she is unable to recall what happens, however, after the seizure she feels fatigued and exhausted.
Unfortunately, despite credible testimony this case lacked the medical records and objective medical tests/studies to support a finding of disabled under Listing of Impairments 11.02 Epilepsy.
Neurological disorders such as Epilepsy requires a detailed description of a typical seizure which occur for at least 3 consecutive months despite adherence to prescribed treatment, and affect the client’s ability to: function physically, understand or remember information, interact with others, or concentrate, manage, or adapt oneself must be documented by consistent progress notes.
Journals or diaries can also be accepted methods of recording frequency of seizures as well as emergency room visits or testimony from witnesses who have observed the seizure activity.