Reduced Productivity Should be Documented in a Claim

There are many ways to prove that someone cannot hold a job and is thus disabled. For example, they may meet the regulations for a physical or psychological disability. This means the medical evidence in the file meets the requirements of the regulations that Social Security sets.

If a claimant cannot meet a these rules, or qualify Guidelines which consider education and work experience, they may be still able to win their case by proving that their symptoms reduce their productivity to such a level that no employer would keep them on. That means that they would be unable to work sufficient hours per week, or days in a month to maintain employment.

A claimant any condition, such as diabetes, HIV, multiple sclerosis, hepatitis, cardiac problems and even some psychiatric disorders may be so fatigued that they must sleep several hours during the day. The side effects of medication may also cause fatigue, and side effects of prescribed medications must be considered by the SSA.

Claimants with severe orthopedic problems may have to lie down during the day, to relieve the pressure on their spine/nerves. People with severe headaches may rest in a dark room and may fall asleep. Crohn’s and related diseases may be in the bathroom and then recovering from the pain for a total of several hours per day.

In addition to looking to medical records to document pain, fatigue, isolation and similar symptoms that limit a claimant’s ability to be productive, we can call a witness—sometimes a family member—at a hearing, in order to corroborate this loss of normal activity of daily life, known in Social Security law as productivity.

Claimants with Crohn’s and related diseases may be in the bathroom and then recovering from the pain for a total of several hours per day.

In addition to looking to medical records to document pain, fatigue, isolation and similar symptoms that limit a claimant’s ability to be productive, we can call a witness—sometimes a family member—at a hearing, in order to corroborate this loss of normal productivity.

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