As a Social Security Disability attorney, I understand that mental disabilities and medication are always a tricky subject when it comes to getting Social Security Disability. There are numerous issues concerning the definitions of quite a few conditions and many judges will simply deny that certain disabilities even exist if they aren’t clearly listed.
This often leaves people who are truly in need of assistance waiting until the necessary updates are made so that their issues are recognized. But there’s another way that these types of problems can be tricky, too which concerns what medication you’re on, how they works, and how you’re taking them.
Social Security Disability: “When Taken as Prescribed”
If a person’s disability can be controlled when their medication is “taken as prescribed,” the claim seems like it should be pretty straightforward—the claimant is better, so they can handle a regular job, right? Not necessarily.
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NOSSCR recently wrote about an ALJ who recently made a similar ruling and had his decision overturned because he failed to consider the fact that when someone has a psychological issue, there may be times that they are unable to take their medication as the doctor prescribes it. The decision even touched on the fact that someone might not want to take their medication because of negative side effects, arguing that that should be a factor in the judgment as well.
But because the judge didn’t seem to even think about either of these issues and neglected to explain how much weight he placed on the medical opinions, the claimant has another chance at winning the benefits they deserve.
This is just yet another reason why it’s so important to hire an experienced Social Security Disability attorney that can give you the best possible chance at winning your claim. Marc Whitehead & Associates has over twenty years of experience wining disability claims.
More information about this topic can be found in my free e-book, The Social Security Disability Puzzle; How to Fit the Pieces Together and Win Your Claim. Visit disabilitydenials.com for a free downloadable copy or call 1-800-562-9830 to discuss your particular disability issue.
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