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June 6, 2011

Social Security Attorney Scott Lewis Remarks on Medications and your Social Security Disability Claim

Indiana Attorney Scott D. Lewis represents Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants with their disability claim.  Often times, he will get asked by his disability clients if it is important for them to continue to take their medications prescribed by their treating physicians.  When Mr. Lewis discusses the claimant's case, during the free consultation offered at his law office, he often shares with them the importance to continue to visit their treating physicians and the importance of the claimant to comply with the treating physician's orders, including medications. 

As disability lawyer Scott Lewis explains the disability evaluation process to his potential clients, he also explains the importance of medical records and medication history.  When submitting records in support of the claimant's disability claim, Mr. Lewis and his staff will  attempt to submit all medications prescribed by the client's treating physician.  Many times, claimants will experience side effects with their medications.  These side effects may contribute to the claimant's inability to work.  Side effects of some pain medications or other medications may include, but are not limited to:

  • fatigue
  • drowsiness
  • nausea
  • breathing impairment
  • mental fogginess
  • gastrointestinal effects
  • decrease in reaction time

These side effects may impact the claimant's ability to engage in normal daily activities or one's ability to persist in a work environment.   

Scott Lewis believes that if a disability claimant does not comply with their treating physician's medication orders, the Social Security Administration (SSA) may deny their disability claim.   In Mr. Lewis' experience, it may be in the claimant's best interest to take the medications that have been prescribed by their treating physician and take prescribed medication as instructed. The SSA will determine the severity of the disability and their ability to function while the claimant is medicated.  If the disability claimant fails to comply with their medication orders, the SSA may not be able to make a determination.  For example, if you are person suffering with asthma or epilepsy, if you fail to take your prescribed medication as directed, the SSA may find that your condition is more limiting or severe when not medicated.  In contrast, taking the medication prescribed to you by your treating physician may also render your condition as being non-disabling or may possibly determine that your condition is less severe, but still disabling.  Unfortunately, if a patient is not taking his or her medication this determination cannot be made by the SSA.

Whether you are suffering from bi-polar disorder, migraines, epilepsy, or asthma, it may be in your best interest to take all medications as prescribed and as directed by your doctor.  Compiling a list of medications, doses, and side effects cab be important when filing for SSDI or SSI benefits.  Failing to do so may weaken a disability claimant's case in the eyes of the disability examiner or the Administrative Law Judge (ALJ).  It is important to remember all Social Security disability claims are different and ALJ's views on medications may vary.  Noncompliance with medications may not always result in a losing claim, but Indiana disability attorney Scott Lewis experience has shown it can be an issue.  If you would like a free consultation regarding your Social Security disability claim, contact Attorney Scott Lewis at (317) 423-8888 immediately.  Mr. Lewis and his staff are eager to discuss your claim today!

May 7, 2009

Medication Side Effects in Social Security Disability Cases

Pill Bottle.jpgMany people wonder if they can be found disabled because of side effects to their prescribed medications.  Some people have even given up on their Social Security cases because they thought that they could not be found disabled based solely on side effects to medications.  If you doubt that you can be found disabled because of side effects, do not give up!  Side effects can be disabling.

You may be familiar with the warning labels on the side of your medication bottles.  These warnings are very important because the side effects of some medications can cause problems in the work force.  It's not uncommon for Indianapolis Attorney Scott D. Lewis to ask his clients about their medications, the side effects of their medications, warnings and limitations caused by their medication. The clients' disabling conditions, coupled with the medications' side effects, can often lead to a "fully favorable" decision from the Social Security Administrative Law Judge (ALJ).

Often times, medications may cause drowsiness, inability to drive, nausea, or other side effects and may last for an extended period of time.  This alone may not necessarily be enough to get you disability but the side effects to your medication may be helpful in getting your disability claim approved.  Side effects to medications can always be considered in a Social Security disability benefit case.  In one particular case, a Vocational Expert ("VE") testified that the side effects of the medications caused the claimant to doze off two or three times daily for 10-30 minutes each time which would be enough to preclude any substantial employment.

One of the clearest examples of medication side effects is chemotherapy in cases of cancer.  This treatment saps your strength and can make you physically sick.  This is clearly debilitating and even disabling.  Is this enough to make you disabled?  That decision is up to a Social Security ALJ, but this side effect might give you a good chance of winning Social Security disability benefits. 

If the claimant is taking necessary medications, the Social Security Administration considers any side effects that these medications might have.  So, if one of your prescribed drugs makes you irrational, sleepy, unable to drive, unable to think clearly, unable to concentrate, or unable to remember things, this is important!  These details can make all the difference in your case.  If the side effects of your medications and disabling condition make it impossible for you to work, contact Attorney Scott Lewis to discuss your Social Security disability claim.