Can the Side Effects of My Prescribed Medication Help Prove My Social Security Disability Claim?

Can the Side Effects of My Prescribed Medication Help Prove My Social Security Disability Claim?

Many people applying for Social Security Disability focus on one thing—their medical diagnosis.  They tell Social Security about their back injury, arthritis, depression, heart disease, or chronic pain, but they often overlook another important part of their case-the side effects of the medications they take every day.

For some people, the medication that helps manage their medical condition can create its own challenges. In fact, there are times when a person finds themselves in an impossible situation:

Without the medication, they cannot function because of their medical condition.  With the medication, the side effects make it difficult—or even impossible—to work safely and consistently.  That is a situation we have seen many times over the decades.

Social Security Looks at More Than Your Diagnosis

Social Security is not simply deciding whether you have a medical condition.  Instead, the question is whether your medical conditions—and all of their effects—prevent you from performing full-time work on a regular and continuing basis.  That includes considering the side effects of medications prescribed to treat those conditions.

What Types of Medication Side Effects Matter?

Not every side effect affects a person’s ability to work; however, some medications can significantly interfere with the physical or mental demands of a job, or in the performance of their daily activities.

Common examples include:

• Drowsiness or excessive fatigue;
• Difficulty concentrating;
• Slowed thinking or confusion;
• Dizziness or problems with balance;
• Blurred vision;
• Memory problems;
• Nausea;
• Frequent restroom breaks;
• Tremors; and
• Delayed reaction time.

Whether these side effects affect your disability claim depends on how they impact your ability to perform substantial gainful work activity.

Why It Is Important to Tell Your Doctor

One of the biggest mistakes we see is that people tell their family members about medication side effects but never mention them to their doctor.

That can become a problem later.

If your medication consistently causes drowsiness, dizziness, difficulty concentrating, or other significant problems, your treating physician should know about it.  Not only may your doctor be able to adjust the medication or dosage, but your medical records should accurately reflect the symptoms you are experiencing.

Medical records that consistently document medication side effects can become important evidence in a Social Security Disability claim.

Be Honest About Both the Benefits and the Side Effects

Some people believe they should avoid mentioning that their medication helps.  That is a mistake.

Others believe they should minimize the side effects because they are afraid their doctor will stop prescribing the medication.  That can also be a mistake.

The best approach is simply to be honest.

Tell your doctor how much the medication helps.  Tell your doctor about any side affects you.  Describe how those side effects affect your daily life and your ability to work.

Your medical records should tell the complete story.

It Can Be “Damned If You Do, Damned If You Don’t”

Over the years, we have represented many individuals who found themselves caught in a frustrating situation.  Without medication, their pain, anxiety, seizures, or other medical conditions prevented them from working.  With medication, they experienced drowsiness, slowed thinking, dizziness, or other side effects that also prevented them from working safely or consistently.

The goal is not simply to reduce symptoms.  The question is also whether, despite treatment, a person can sustain competitive employment eight hours a day, five days a week, or an equivalent work schedule.

Sometimes, both the medical condition and the treatment contribute to the inability to work.

Your Testimony Should Match Your Medical Records

If medication side effects limit your ability to work, your hearing testimony should generally be consistent with what you have reported to your treating physicians over time.

Judges often look for consistency between:

• your testimony;
• your medical records;
• your medication history; and
• your reports to Social Security.

Consistently reporting medication side effects helps provide a more complete picture of how your condition affects your daily functioning.

Medication can improve a person’s quality of life, reduce pain, control seizures, stabilize mental health conditions, or treat many other serious medical problems-but every medication has the potential to produce side effects.  If those side effects interfere with your ability to work safely, consistently, or productively, they may become an important part of your Social Security Disability claim.

When applying for disability benefits, do not focus only on your diagnosis.  Be sure to explain how your medical conditions—and the medications prescribed to treat them—affect your ability to perform the physical and mental demands of sustained full-time work.

At Powell & Denny, we have represented Social Security Disability claimants throughout Alabama for more than 30 years. We understand that disability cases are about more than diagnoses and test results. They are about how real people function in the real world, including the effects of the medications they rely upon every day, don’t hesitate to contact the experienced attorneys at Powell and Denny today a free consultation; remember. Virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live, and remember-there is no fee unless you win.

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