If you or a loved one lives with epilepsy, you’re not alone. Around 150,000 Australians live with this medical condition, and for many, the impact extends beyond seizures. From difficulty maintaining employment to challenges with driving or accessing public transport, epilepsy can affect every aspect of daily life.
That leads to an important and often confusing question:
Is epilepsy a disability in Australia, and can you get financial assistance if it affects your ability to work?
In this article, we’ll break down what epilepsy means in the eyes of the law, what support is available, and how Aussie Injury Lawyers can assist you in accessing the disability benefits you’re entitled to.
Does Epilepsy Count as a Disability in Australia?
Yes, epilepsy is recognised as a disability under Australian law when it significantly affects a person’s ability to participate in everyday life or work. It is included under the definition of “disability” in the Australian Disability Discrimination Act 1992.
This law protects people living with epilepsy from discrimination in areas like employment, education, and access to services.
Because epilepsy is often episodic and invisible, many Australians don’t realise it qualifies as a severe disability, particularly if their seizures are not well controlled or if the condition contributes to additional challenges such as anxiety, depression, or memory difficulties.
How Epilepsy Impacts Daily Life and Employment
Epilepsy affects people in many different ways depending on the type of seizures, their frequency, and the individual’s treatment response. While some people remain seizure-free with medication, others experience daily disruptions that make it difficult to work, study, or live independently.
Common challenges include:
- Unpredictable seizures creating risks in the workplace
- Ineligibility to drive, limiting access to employment and community participation
- The need for time off work to manage health
- Psychiatric conditions such as anxiety and depression due to living with chronic uncertainty
- Public misunderstanding and stigma
These difficulties highlight why people living with epilepsy may be eligible for disability support.
What Disability Benefits Can I Get for Epilepsy in Australia?
If your epilepsy diagnosis significantly affects your daily life or employment, you are likely to be eligible for a range of disability benefits and financial assistance.
1. Disability Support Pension (DSP)
The Disability Support Pension is an income support payment from Centrelink for people with a permanent medical condition that prevents them from working 15+ hours per week. According to Services Australia, eligibility includes:
- Being aged 16 or older but under Age Pension age
- Having a permanent, diagnosed condition (like epilepsy)
- Undergoing a Job Capacity Assessment and possibly a Disability Medical Assessment
- Meeting specific impairment tables which assess functional impact
If you’re unable to maintain employment due to frequent seizures you may qualify.
2. National Disability Insurance Scheme (NDIS)
The National Disability Insurance Scheme provides individualised support to Australians with a significant and permanent disability. According to the NDIS, eligibility for people with epilepsy is assessed based on:
- Whether the condition significantly affects functional capacity
- Whether it poses an increased risk of injury or harm
- Whether support is required to access education, employment, or the community
Epilepsy is not automatically included under the NDIS, but people with frequent, severe, or comorbid conditions may be eligible. The Epilepsy Foundation also provides useful resources and guidance on accessing support through NDIS plans.
3. TPD Insurance Through Superannuation
If epilepsy has permanently affected your ability to work, you may be eligible to make a Total and Permanent Disability (TPD) claim through your superannuation fund. Most Australians have TPD insurance by default through their super.
You may qualify if:
- You’ve permanently stopped working due to your epilepsy
- A doctor confirms you are unlikely to return to your usual occupation
- You meet the policy’s TPD definition
As each super fund has slightly different requirements, expert legal guidance can help identify the evidence needed and strengthen your claim.
Learn more about TPD claims in our TPD claim guide, also try our quick and easy TPD Claim Payout Calculator to know the potential value of your lump sum payment.
4. Other Insurance Benefits: Income Protection or Trauma Cover
You may also have access to income protection or trauma insurance, either privately or through your super. These policies can provide:
- Ongoing income payments while you’re unable to work
- A lump sum for a major health diagnosis or injury
- Coverage even for conditions like epilepsy if properly documented
To understand your rights, check your insurance policy documents or let our team help you review them.
Hypothetical Example: TPD Claim for Epilepsy
Imagine Jason, a 41-year-old warehouse worker who has lived with epilepsy for several years. Initially, his condition was manageable with medication, but over time, his seizures became more frequent and unpredictable. Operating machinery became dangerous, and even with workplace adjustments, he could no longer safely perform his job.
Eventually, Jason had to stop working altogether. At this point, he explored his TPD insurance options through his superannuation. With detailed medical records, neurologist reports, and evidence of his inability to return to work, Jason submitted a TPD epilepsy claim.
In a case like this, a successful claim could result in a significant lump sum pay out, helping ease the financial pressure of being permanently unable to work.
While every situation is different, this example highlights how people living with epilepsy may be entitled to meaningful disability insurance support when their condition affects their employment.
Common Reasons Epilepsy Claims Are Denied
Despite the serious impacts of epilepsy, many Australians have their claims rejected. This can often be avoided. Common reasons include:
- Lack of medical documentation detailing seizure frequency and risk
- Seizures not considered “severe” or “permanent” enough
- Failure to attempt modified work duties before ceasing employment
- Not understanding how epilepsy is assessed under TPD or DSP rules
A successful claim depends on clear evidence and a well-prepared application. That’s where our team can help. Learn about what to do if your claim has been rejected.
How Aussie Injury Lawyers Can Help
At Aussie Injury Lawyers, we understand that epilepsy doesn’t always look the same for every person. Whether your seizures are occasional or frequent, mild or severe, they can still impact your life, your job, and your future.
We offer:
- Free claim checks to assess if you’re eligible
- No win, no fee legal services
- Help gathering and presenting medical and workplace evidence
- Experience dealing with epilepsy-related claims, both for TPD insurance and government benefits
If you’re unsure where to start, we’ll walk you through the process and make sure you understand your options.
We’re Here to Help
If you’re living with epilepsy and it’s affecting your ability to work, study, or live independently, you may be entitled to disability support or a TPD pay out. Navigating the disability benefits system in Australia can be overwhelming, but you don’t have to do it alone.
Our no win, no fee lawyers at Aussie Injury Lawyers guide you through every step of the process. Contact us today to get the support you deserve.
Frequently Asked Questions (FAQs)
Yes, but in certain cases. If your condition causes significant and ongoing impairment, you may be eligible. Visit the NDIS eligibility page for more info.
To make a successful TPD claim, you’ll need: medical reports from your doctor, work history, and documentation showing how epilepsy prevents you from returning to your usual job.
Potentially yes, if your condition has worsened and now prevents you from working, you may still be eligible under your current policy terms.
