HOW TO DOCUMENT YOUR FATIGUE & WIN SSD BENEFITS
FATIGUE IS A DISABLING MEDICAL SYMPTOM
Documenting your fatigue is one of the most important factors in winning your SSDI and SSI benefits. The reason it is important is that severe fatigue symptoms prove you cannot work a full-time job.
Even though fatigue is one of the most common symptoms reported in SSD claims, it is also one of the hardest symptoms to prove. Unlike a broken bone or an MRI result, fatigue does not show up on a medical test. Therefore, many people assume that telling the SSA they have fatigue is enough to win their case. Unfortunately, that is not how the five step SSA review process works.
The SSA wants medical evidence that shows how your fatigue affects your ability to work. Therefore, your medical records not only need to mention fatigue, they must also explain the facts. For example, how often do you have fatigue. Is it daily, weekly, or monthly? How severe is your fatigue? Do you need to lay down and nap two hours a day? Finally, how does your fatigue impact your ability to perform your daily activities? Do you have so much fatigue that you can’t drive or shop at the store?
The stronger your medical records are, the easier it becomes to show why full time work is not possible.
Moreover, fatigue often appears with severe diseases such as Multiple Sclerosis and Lupus. Additionally, fatigue occurs in cases of Chronic Fatigue Syndrome and Sleep Disorders. It can also occur if you have Heart Disease or any form of cancer, like Breast Cancer. While your diagnosis is important, the SSA also wants to understand how your symptoms affect your ability to work during an 8 hour day. That is why you must document your fatigue when you apply for SSD benefits.
THERE ARE TWO TYPES OF SOCIAL SECURITY BENEFITS
There are two types of benefits for which you can file an application: Social Security Disability Insurance benefits and Supplemental Security Income benefits. You can file an application on Social Security’s website. Below is an explanation as to each type of benefit:
Social Security Disability Insurance (SSDI):
SSDI benefits are for those who work and can no longer work at any job due to a severe medical condition. The amount of money you receive in SSDI benefits is based on the taxes you paid while you were working. To qualify for SSDI, you must have enough work credits. A work credit is an amount of taxable income. You can earn up to 4 work credits per year.
SSDI benefits can be paid one year prior to the date of your application, as long as you were not working and can prove your medical condition to the SSA. The amount of work credits you need to qualify for SSDI benefits depends on how old you are when you apply. If you don’t have enough quarters of coverage for your age at the time you apply, then you can only file for Supplemental Security Income benefits.
Supplemental Security Income (SSI):
SSI is a needs based benefit. That means it is for people with little to no income, such as children and the elderly. Anyone with family income of, for example, $5000 a month cannot receive SSI benefits. The SSA counts the income of those in your household, not just your income and assets. Additionally, the SSA will count your assets. If you have a boat or ATV, then that may make it so you don’t qualify for SSI. You cannot win SSI benefits, no matter how severe your fatigue, if you do not meet the income and asset rules for SSI.
WHY FATIGUE IS IMPORTANT IN YOUR SSD CLAIM
Many people believe fatigue is simply feeling tired. However, severe fatigue is not just about feeling tired. Instead, it can leave you unable to stay awake during the day. It can also impact your ability to concentrate, finish tasks, or maintain a regular schedule. In some cases, fatigue becomes so severe that even basic daily activities require significant effort.
Because of this, the SSA recognizes that fatigue can impact your ability to work. The SSA evaluates how fatigue affects both your physical abilities and mental abilities. If you must lie down during the day, then the SSA wants to know how long you need to lie down. You can do yourself a favor by actually writing down what you do on your Daily Living form. For example, instead of writing, “I’m really tired and need to lie down.” You could instead write, “I must take a nap every afternoon from 1 to 3. I need to lay down for two hours every afternoon, because of severe fatigue.”
Of course, you also need an objective medical reason for that type of fatigue. Physically, you may need to lie down because you have back pain. Mentally, you may need to lie down every day to recover from severe panic attacks.
The SSA does not automatically approve your claim because you report you have fatigue. Instead, they look for medical evidence, treatment records, and doctor observations that support your symptoms. If the evidence of your fatigue is consistent over time, then your claim becomes stronger. The medical evidence support your complaints of fatigue. It can’t just be a one time report from your doctor. That means you need to see your doctor on a monthly basis, at a minimum, and report your fatigue at every visit to your doctor.
REPORT FATIGUE TO YOUR DOCTOR AT EVERY MEDICAL APPOINTMENT
One of the biggest mistakes people make is failing to discuss fatigue during medical appointments. Many people focus on pain, weakness, being unable to stand or sit, or other symptoms. As a result, fatigue may never appear in your medical records even though it significantly affects your daily life.
Therefore, you should discuss fatigue at every appointment with your treating doctor. Explain how often it occurs, how long it lasts, and how it affects your activities. If you need naps during the day, struggle to complete household tasks, or have difficulty with concentration, make sure your doctor knows.
In addition, consistency matters. When fatigue appears repeatedly throughout your medical records, it becomes harder for the SSA to dismiss the symptom. Repeated information in your medical records shows that fatigue is an ongoing problem rather than an occasional complaint.
Medical records are the evidence you need to prove that you meet SSA’s rules. Your job is to go to the doctor and get treatment for your condition. If you do that, then we will help you collect the medical records you need to prove you cannot work due to fatigue.
EXPLAIN TO THE SSA HOW FATIGUE AFFECTS YOUR ABILITY TO WORK
The SSA does not focus only on symptoms. Instead, they focus on work limitations. Because of this, it is important to explain how your fatigue affects your ability to perform job duties.
For example, fatigue may prevent you from standing for extended periods. It may also prevent your from sitting for hours at a time during a workday. Fatigue can also impact your ability to lift and climb stairs or ramps. Mentally fatigue impacts your ability to concentrate on tasks and finish assignments. Fatigue also affects your ability to maintain normal attendance, be on time to work, and attend meetings. These limitations often have a greater impact on your SSD claim than simply stating you feel exhausted.
If you have experienced these limitations on the job and lost your job because of it, then explain that to the SSA. You can write on the SSA’s forms, “I was fired from my job for missing work, coming in late to work, and sleeping during work hours.” Then, you could submit letters from your employer that document why you were fired. There is no rule that requires you to only submit medical evidence to the SSA. You can submit evidence from any source that documents your fatigue issues.
Furthermore, many people with severe fatigue experience good days and bad days. While you may be able to perform certain activities occasionally, working full time may not be possible. The SSA wants to know whether you can sustain work activities eight hours a day, five days a week. That distinction is critical in SSD cases.
KEEP A DAILY FATIGUE JOURNAL
You can submit many sorts of evidence to the SSA to prove you have fatigue that prevents you from working. A fatigue journal can provide valuable support for your SSD claim. While a journal alone will not win benefits, it can help create a clear record of your symptoms. A fatigue journal could be kept in a journal format or you could write it down on a calendar. However, we suggest you do not keep a fatigue journal in a journal or calendar that contains other information.
Instead, keep a journal that is only about your fatigue and that documents your rest periods. When keeping your journal, document when your fatigue begins, how severe it becomes, and what activities cause it. You should also record any naps, periods of rest, or activities that become difficult because of fatigue. Over time, this information can reveal patterns that support your SSD case.
Additionally, a fatigue journal can help you provide accurate information during medical appointments. Instead of relying on memory, you can discuss specific examples with your doctor. This often leads to strong, detailed medical records which will help you at your SSA hearing.
ASK YOUR DOCTOR TO DOCUMENT YOUR FATIGUE SYMPTOMS
General statements about fatigue may not carry much weight with the SSA. Therefore, it is important for your medical records to include specific functional limitations whenever possible.
For instance, a doctor may note that fatigue causes difficulty with your ability to concentrate and complete tasks. Your doctor can also document your need to take a nap during the day. Many people with severe medical conditions need to lie down every afternoon for a couple of hours. Even if you aren’t asleep, your body may still need to rest. Pain can also cause fatigue. Therefore, pain may be the reason you need to lie down for two hours. If you need to lie down for two hours every afternoon, then you cannot work.
No employer will tolerate you being off task for two hours during an eight hour work day. Likewise, medical opinions can be extremely valuable. When your treating doctor explains how fatigue affects your ability to work, the SSA gains a clear picture of your condition. Detailed medical opinions often carry greater weight than vague references to you feeling tired.
YOU NEED OBJECTIVE MEDICAL EVIDENCE TO PROVE YOUR FATIGUE
Although fatigue is a subjective symptom, evidence about it can still strengthen your case. Medical testing, treatment records, imaging studies, and sleep studies must support the underlying condition that causes your fatigue. Fatigue doesn’t occur on its own. Instead, it is usually a symptom of an underlying disease.
For example, a person with degenerative disc disease must have MRI findings that support the diagnosis. Someone with sleep apnea should have sleep study results showing sleep issues, like waking up over and over again. If you have liver cancer, then your medical records should show that your treatment causes fatigue. Even if you have depression, you may suffer from fatigue. Ask your counselor or therapist to document your fatigue in their progress notes. These findings establish the medical basis for your fatigue.
Furthermore, treatment records demonstrate that your fatigue symptoms continue despite ongoing medical care. When fatigue remains severe even with treatment, it supports the argument that fatigue significantly limits your ability to work.
FATIGUE IMPACTS YOUR CONCENTRATION AND MENTAL FUNCTION
Many people focus their SSD application on physical limitations. However, fatigue often affects mental function just as much as physical activity. Severe fatigue can interfere with concentration, memory, attention, and decision making. These mental symptoms appear under the Part B criteria for mental disorders. It can also impact your ability to get along with others or deal with customers in a work setting.
If you have severe fatigue, then you may struggle to stay focused on tasks throughout the work day. Additionally, you may lose track of conversations, forget instructions, or require additional time to complete routine activities. These limitations can make many jobs difficult to perform.
The SSA evaluates these mental limitations when they review your SSD claim. Therefore, your medical records need to document your fatigue, even if it causes mental problems. For example, ask your therapist to document your fatigue by writing about your reduced concentration. Also, have them document your poor focus, difficulty getting along with others, and your daily mental fatigue. The therapy progress notes will support what you write in your fatigue journal. All of the evidence you present to the SSA plays an important role in proving your case.
FATIGUE CAUSES ATTENDANCE PROBLEMS AT WORK
One of the biggest ways fatigue affects work is through attendance. Many jobs require employees to arrive on time, remain productive throughout the day, and maintain a regular schedule. However, severe fatigue can make these basic expectations difficult or impossible to meet.
For example, you may wake up exhausted even after a full night of sleep. You may need extra time to get moving in the morning, or you may require periods of rest throughout the day. In some cases, fatigue becomes so severe that leaving home or finishing a work shift is not realistic.
As a result, fatigue often leads to missing work, reduced productivity, and difficulty keeping a job. The SSA understands that employers generally will not tolerate frequent absences on an ongoing basis. Therefore, evidence showing attendance problems caused by fatigue can strengthen an SSD claim.
HOW YOUR DAILY ACTIVITIES AFFECT YOUR CLAIM FOR SSD BENEFITS
The SSA reviews information about your daily activities when they evaluate your SSD claim. Therefore, it is important to understand how these activities relate to fatigue.
Many people believe they must be completely unable to do anything in order to qualify for SSD benefits. However, that is not true. The SSA understands that many people can still perform some activities despite significant limitations.
The key question is whether you can sustain work activities on a regular and ongoing basis. For example, preparing a simple meal or running a short errand does not necessarily mean you can work full time. What matters is the overall impact fatigue has on your ability to function throughout the day and week.
At your hearing, you must be ready to testify about your fatigue. Our lawyers and staff prepare you to testify at your hearing. For example, we review the questions the ALJ will ask you at your hearing. Then, we help you prepare your answers. Without our help, you might not be able to answer the questions in a way that will support your case. That is why it is good to hire an SSD law firm with experience.
THE MEDICAL EXPERT CAN TESTIFY ABOUT YOUR FATIGUE
Medical Experts (ME) often testify at Social Security hearings. The ALJ calls them to review your health records for fatigue and other severe symptoms. Also, they explain your medical conditions to the judge. Your attorney can request that an ME testify in court. This is, however, mostly done in complex medical cases.
The medical expert who appears at the hearing is not your treating doctor. The doctor at the hearing must have never met you before. The medical expert is there to give testimony about your medical records and should not be in favor of either side of the case.
Usually, the ME attends the hearing in person. However, they can also testify by video or by telephone. It is also possible for an ME to answer written questions after the hearing. The judge sends written questions to the expert or your attorney can request to do so. The ME answers might also require review and filing objections. If you do not know how to do this, then hire an SSD attorney. Do not fail to prepare for the medical expert.
THE VOCATIONAL EXPERT MUST TAKE YOUR FATIGUE INTO CONSIDERATION
The VE is also an expert witness, just like the medical expert. Normally, the Social Security Judge calls a VE to testify at the hearing. The Judge will ask the VE about jobs that are available to you based upon your RFC. Your RFC includes your fatigue. VEs have training in placing people in jobs. They also understand the numbers and types of jobs that exist in the nation. They are at the hearing in order to answer questions about jobs in the national economy.
Once the Judge asks you questions about your medical conditions and includes your fatigue, then she will decide what you are capable of doing during an 8 hour work day. Therefore, your answers to the questions at the hearing are very important. They are just as the important as the medical records you submit. Because they give the judge an understanding of what you can and cannot do. For example, if you need to lay down, then this is where the judge should include your testimony about it.
The Judge listens to your hearing testimony and reviews your medical records to determine how your fatigue symptoms would impact you on the job. At the end of the hearing, the Judge will ask the VE questions. Likewise, your attorney will ask questions. The VE will then offer examples of jobs that exist in the economy. If the VE finds jobs you can do, then your attorney must question the VE to prove you cannot do those jobs. If you do not know how to question the VE, then hire us to do it for you.
OUR SSD LAW FIRM CAN HELP YOU DOCUMENT YOUR FATIGUE SYMPTOMS
Fatigue claims can be challenging because the symptoms are often difficult to measure. As a result, many people are unsure whether they have enough evidence to qualify for SSD benefits.
However, an SSD attorney can review your medical records and identify gaps in the evidence. Attorney review will help develop evidence that supports your claim. In addition, an attorney can work with medical providers to obtain opinions regarding work related limitations caused by fatigue.
Furthermore, legal representation can help ensure that the SSA receives a complete picture of how fatigue affects your ability to work. This can be especially important when symptoms are severe but not fully reflected in the medical records.
WHAT DOES IT COST TO HIRE OUR LAW FIRM?
Another important factor to consider is what it costs to hire an attorney. At our SSD law firm, you do not pay an attorney fee until we win your case. The attorney fee comes out of your past due benefit. If we do not win your case, then there is no past due benefit. Therefore, you will not owe an attorney fee.
How much is the attorney fee? It is 25% of your past due benefit. But, the fee is capped at $9200. The SSA raises the attorney fee cap every few years. If you win, then you will pay either 25% of the past due benefit or the fee cap. You pay whatever amount is less.
If there are costs in your case, then you pay for those costs. However, the costs are minimal. For example, you must pay for a copy of your medical records. The medical records cost is whatever your doctor charges for them. You owe costs whether we win or lose your case. But, to hire most lawyers, you have to pay a fee upfront. That doesn’t happen when you hire our law firm to help you win SSDI and SSI benefits
HIRE OUR SSD LAW FIRM TO WIN YOUR SSD BENEFITS
If fatigue prevents you from working, proper records can make a significant difference in your SSD claim. The SSA does not simply look at a diagnosis. Instead, the agency evaluates how your symptoms affect your ability to perform work activities.
Therefore, it is important to discuss fatigue during medical appointments. You must also maintain consistent treatment, report specific limitations, and ensure your medical records accurately reflect the challenges you face. The more detailed and consistent the medical evidence becomes, the stronger your claim will be. Also, the medical evidence needs to support your hearing testimony.
When your doctor outlines your fatigue, it becomes easier to prove why full time work is no longer possible. Therefore, the evidence about your fatigue plays a critical role in helping you obtain the SSD benefits you deserve.
Learn about our legal team. For example, Dianna Cannon has been helping her clients win benefits for over 30 years. Brett Bunkall has won thousands of SSD cases. Andria Summers also has over 25 years of experience helping our clients win SSD benefits. Our lawyers and staff know the law. We have won over $100 million in past due and ongoing SSDI and SSI benefits for our clients. Put our legal experience to work for you. Let us help you prove your fatigue to the SSA. Contact us.
