In this video Marc Whitehead, Board Certified Social Security Disability Attorney, explains how compliance with your medication directions can affect your claim.
As a Social Security Disability Attorney I understand that mental disabilities are always a tricky subject when it comes to getting Social Security Disability.
There are numerous issues when it comes to definitions of a few conditions and many judges will simply deny certain disabilities even exists if they aren’t clearly listed. This often leads people who are truly in need of assistance waiting until the necessary updates are made so that their issues are recognized.
But there are another ways that these types of problems can be tricky.
What medications you’re on
How they work
How you’re taking them
If a persons disability can be controlled when their medication is taken as prescribed the claim seems like it should be pretty straight forward. The claimant is better so they can handle a job, right?
Not necessarily. The National Organization of Social Security Claims Representatives recently wrote about an ALJ who recently made a similar ruling and had his decision overturned becomes he failed to consider the fact that when someone has a psychological issue there may be times that they are unable to take the medication as their doctor prescribes it.
The decision even touched on the fact that someone might not wanna take their medicine because of the negative side effects. Arguing that, that should be a factor as well. But because the judge didn’t even seem to think about either of these issues and neglected to explain how much weight he placed on the medical opinions. The claimant had another chance at winning the benefits that they deserved.
This is just another example as to why it is extremely important to have a Social Security Disability Attorney on your side to give you the best possible chance at winning your claim.
Marc Whitehead & Associates has over 20 years of experience in handling disability claims.
