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Medication Side Effects and Social Security Disability Benefits

Medication And Social Security Disability Benefits

Did The Judge Fail To Consider The Side Effects From Your Medications?

Most Social Security disability benefits claims are denied. While it is usually a good idea to continue appealing claim denials, once a judge denies a claim it is not always the right course of action to appeal the decision to the Appeals Council.

Since July 2011, the Social Security Administration changed their rules to force claimants denied by an Administrative law Judge to choose between appealing to the Appeals Council or starting over with a brand new application for disability benefits. The choice whether to complete a new application or appeal the judge’s decision depends on a number of factors including: the claimant’s financial situation, age, changes in medical condition, and probably the most important factor the judge’s written decision. Before you make such an important decision it is probably best to talk to a Social Security disability lawyer that handles Appeals Council claims.

There are specific types of claims that can be appealed to the Appeals Council. These claims must contain some kind of legal error made by the judge in his or her written decision.

Many medications cause very serious side effects. Since claimants often take numerous medications, it comes to no surprise that side effects can play a major role in limiting their ability to sustain full-time employment. When a claimant goes before an Administrative Law Judge, it is not uncommon for the side effects of the medications to go unnoticed. However, the side effects sometimes have more limiting effects on the claimant than the actual condition itself.

SSR 96-7 governs the weight that must be given to the side effects of medications. SSR 96-7 provides in pertinent part, “The type, dosage, effectiveness, and side effects of any medication the individual takes or has taken to alleviate pain or other symptoms” must be considered. Some common side effects include: nausea, dizziness, drowsiness, stomach problems, headaches, and fatigue. All of these side effects can significantly limit one’s ability to perform on the job. If you had a hearing in front of a judge and the written decision omits any side effects that impair your ability to function, feel free to contact Pearson Disability Law, LLC at 312-999-0999 to schedule a free consultation.

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