These medications can have side-effects that can be nearly as troublesome as the original illness, but are necessary for lessening or containing it – think of chemotherapy. Many have side-effects such as fatigue and confusion.

By law, side-effects of prescribed medications are actual “symptoms” that must be taken into account in determining whether a claimant is disabled in a Social Security disability claim.

It is important for a claimant to tell a doctor about all side-effects, at every appointment. This is not only so that the doctor will know, but also it is important that these symptoms be in the medical records. Judges look to the medical records to determine credibility of the claimant. It is very helpful if the record demonstrates these issues, so it is not just the claimant stating it. Many physicians now use computerized medical records that have a check list of symptoms before a visit. These are better than nothing, but actual comment by the treating professional carries more weight.

It is also important that claimants mention these side-effects when filling out disability and daily activity forms. Both in these forms and in the doctor’s office, it is important to tell not only what the effects are, but tell how those symptoms affect the person’s daily life. For example:

• Does fatigue create such a need for naps
  and rest that the patient has to lie down
  several hours each day? This alone may
  preclude full-time work.

• Do concentration and confusion problems
  create an inability to focus?
• Are memory problems an issue – for tracking appointments, managing finances,
  even grocery shopping? Detailed examples are very powerful.
• Are there digestive effects – is there diarrhea or a decrease/increase in appetite?
  Weight loss? Nausea?
• Is neuropathy an issue?

It is also important for health care providers to include all symptoms and side-effects in the ongoing records, because Social Security needs “credible medical evidence” upon which to base a decision. It is important that all symptoms and limitations, whether caused by disease, injury, or medication side-effects be in medical records.

Anything that interferes with the ability to hold down a full-time job should be documented carefully. Contact us for more information on this important element of disability claims.

Free In-Service Training/Talks
We can discuss questions about any particular disability, and also about the devastating delays. It is really important to get applications right the first time; let us tell you how to help your patients and clients.

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DISCLAIMER - This web page is a resource containing general information which is intended, but not guaranteed, to be correct and current. Do not rely on information on this site in place of the advice of an Attorney. Visitors should consult an attorney to address their legal concerns. You should not consider this information to be an agreement for an attorney-client relationship. You should not rely on information provided here as constituting legal advice. Contacting us through this web page or e-mail does not mean you have contracted for representation by this office.  We are not engaged in your representation until you sign a contract with us.  Licensed attorneys may practice Federal Social Security and SSI Disability in any state. Copyright 2007-2010 Sarah Patterson