Prescription Drugs, the Judge, and Winning Social Security Disability

You can expect the Social Security disability judge to ask you detailed questions about the prescription and over-the-counter drugs you take to treat your disabling condition.

Many judges use your list of medications as a barometer of the severity of your underlying medical conditions.

If, for example, you allege disability based on a bad back, or heart disease, or PTSD, the judge will carefully review the potency and dosage of your medications.

If you are taking NO medications or only over-the-counter pills, that will signal to the judge that your condition is NOT serious. If you have been prescribed low dosages of mild pain relievers or anti-depressants, that will suggest that your condition is mild.

But if your record shows that your doctors have prescribed high dosages of very powerful medications that sends of message of severity as well.

It is critically important that you and your lawyer practice answering questions about your medication list. Sometimes the doctor’s prescriptions are limited by insurance considerations. Perhaps you have had allergic reactions to the preferred meds. The judge needs to know this.

Further, if you experience side effects, you need to be prepared to talk about them in detail, with special focus on side effects that would limit you at work - issues like drowsiness, mental confusion, frequent urination or nausea.

I suggest to my clients that they have in front of them at their hearings a copy of their current list of medications, along with information about the associated condition, side effects and prescribing doctor.

You can be certain questions about your medications will be coming your way so do your best to prepare in the days and weeks before your hearing.

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