If you must take pain medicine on a daily basis, is this taken into consideration? My disc in my back L-5 and my neck are damaged also my sciatic nerve causes alot of spasms and pain. I was turned down in 2005 and got frustrated and did
not appeal why do they make it so hard. My doctor listed as disabled for at least a year now after a head and neck injury the still denied me what do i have to do to get thru to these people?
–Michael
Jonathan Ginsberg responds: Michael, side effects of medications are a factor that should be taken into consideration by Social Security. As you may know, there are two ways to win a disability case – you can either meet a listing or you can argue that your functional capacity for work has been so reduced that you would not be a reliable worker at any type of job – even a simple, sit-down, unskilled, entry level type of job.
When arguing functional capacity, medication side effects can create "non-exertional" impairments such as poor concentration, fatigue, and unusually slow pace. In addition, some medications can cause drowsiness or stomach upset.
Frequently, well-intentioned doctors may not know how to help you. That is where an experienced Social Security disability lawyer comes into play. An attorney’s job is to help the doctor translate your medical problems into very specific work limitations and to obtain evidence from the doctor that explains why you would not be a reliable employee. Most disability lawyers use "functional capacity" checklist forms – this is probably what you need.
If you have not already done so, you should reapply. If you reapply within 1 year of your initial denial, you can ask for a "reopening" of your prior application for any reason. Beyond one year, it is more difficult but not impossible.
Best of luck to you.
[tags] back injury and disability, failure to appeal social security denial, residual functional capacity, meeting a listing [/tags]