MEMORY PROBLEMS AND WINNING SSD BENEFITS
MEMORY PROBLEMS CAN PREVENT YOU FROM WORKING
Memory problems can affect your ability to work in ways that are not always obvious to other people. Forgetting a name or losing your keys does not necessarily prevent you from working. However, the situation is very different when you cannot remember instructions, focus on a task, or recall what you were told only a short time earlier. When these problems occur regularly, they can interfere with your ability to perform even relatively simple work.
The SSA recognizes that memory is an important part of your ability to function at work. There are many mental health conditions where the SSA specifically considers your problems with learning and memory. The SSA also considers your ability to understand, remember, and apply information, concentrate and maintain pace, interact with other people, and adapt or manage yourself.
Winning SSD benefits based on memory problems requires evidence showing how your condition affects your ability to function. A diagnosis by itself does not establish disability. Your medical records need to show the severity of your condition, while the evidence needs to explain what happens when you attempt to perform the mental demands of a job. The central question is whether your memory problems prevent you from working full time.
WHAT CAUSES MEMORY PROBLEMS?
The cause of your memory problems matters because memory problems just don’t suddenly occur. Instead, memory problems are usually the result of another medical condition. For example, memory problems can develop from dementia or Alzheimer disease. Additionally, memory issues can occur from physical conditions, such as traumatic brain injury, stroke, or a brain tumor.
Mental health conditions and medications can also affect your memory. Anxiety can impact your memory. For example, you are not going to be able to remember instructions at work if you having a panic attack. Likewise, depression can interfere with your memory. For example, you may attend an important meeting at work and later struggle to remember what your boss said during the meeting. You may also miss deadlines or fail to turn in assignments on time because of memory problems.
Since the SSA needs medical evidence to support an award of SSD benefits, you need to know the cause of your memory loss. Whatever the cause of your memory problems, to prove disability, the medical record must show your memory problems are connected to a physical or mental diagnosis. Your doctors may use psychological testing to document your short and long term memory. For example, they could give you the Wechsler Memory Scale (WMS) test. They can also use the Montreal Cognitive Assessment (MoCA) to document your memory.
Similarly, if your memory problems are due to a physical condition, they can use imaging, like an MRI, lab testing, or blood work, to document the cause of your memory issues. In other words, it is not enough to simply report that you have a poor memory. You must prove that you have a memory problem through medical testing.
HOW MEMORY PROBLEMS AFFECT YOUR ABILITY TO WORK
Memory is fundamental to almost every job. Even jobs that require simple tasks require you to remember instructions, understand procedures, complete tasks in the proper sequence, and respond to change. If you cannot retain instructions, then you may be unable to perform your job consistently.
Consider what happens when you are given an instruction by your boss. If you forget instructions, then your boss will need to remind you what to do. If you don’t ask for repeat instructions, then you will make mistakes. Also, you probably won’t be able to finish the task. These problems can become serious when an employer expects you to complete assignments without constant reminders.
Memory problems can also affect your ability to learn new tasks and procedures. You may understand an instruction when it is given but forget it later. You may forget changes to your routine, fail to remember corrections, or make the same mistake again because you cannot retain information.
The SSA states that the ability to understand, remember, and apply information is a mental area relevant to any disability evaluation. This includes learning terms, instructions, and procedures, following instructions, fixing mistakes, solving problems, and making work related decisions. If your memory problems interfere with these abilities consistently, then you can prove you cannot work.
PROVE YOUR MEMORY PROBLEMS WITH YOUR MEDICAL RECORDS
Medical records are the foundation of a successful disability case involving memory problems. Your records should document the symptoms you experience. Also, the record should include the observations of your treating doctor. A medical record that simply states that you have memory loss may not fully explain the consequences of the condition. Records that describe your cognitive function can provide a clear picture of your limitations.
If you have memory problems, the best evidence you can provide to the SSA is cognitive testing. Cognitive testing is important because it documents how your memory loss impacts your abilities. Testing provides objective information concerning your ability to learn, retain, recall, process, and use information. Your doctors may also document problems they observe during appointments, such as difficulty recalling recent events, difficulty following a conversation, confusion about dates, or problems following instructions.
If your medical records describes your memory problems over time, then that evidence proves your memory difficulties are not just occasional lapses. Your medical evidence should also address treatment and any changes in your condition. The SSA needs enough information to understand the history of your memory problems and the extent to which they interfere with your ability to function at work and at home.
YOUR DOCTOR CAN HELP EXPLAIN YOUR MEMORY PROBLEMS
Your treating doctor can provide important evidence concerning the effect of your memory problems on your ability to function. They can also explain how you have responded to treatment. This can help connect your diagnosis and symptoms to the actual demands of employment.
For example, your doctor may document that you cannot reliably retain new information, have difficulty completing multistep tasks, or cannot concentrate for long periods. Those observations describe functional limitations rather than simply identifying a diagnosis.
It is important that your medical evidence describes your memory loss. You should make sure your doctor understands the memory problems you have in daily life and at work. The only way for your doctor to know these issues is by describing the problems at your appointments. If you routinely forget instructions, need reminders, lose track of tasks, repeat questions, or become confused when faced with unfamiliar situations, then communicate those facts to your doctor.
If you can’t remember what to say at your doctor visits, then write down the examples of your memory problems on a list. Take the list to the doctor appointment. That way you will not forget to describe the problems you need help with when you go to the doctor.
HOW MEMORY PROBLEMS PREVENT YOU FROM WORKING
The SSA defines disability based on having a severe medical condition that lasts or is expected to last for at least twelve continuous months.This means that a temporary period of forgetfulness is not enough. Neither is stating you have brain fog. Instead, your medical evidence needs to establish the duration and ongoing severity of your memory loss.
Work requires the ability to be reliable mentally. You cannot have serious problems with memory and maintain a job. Many people assume simple work requires very few mental abilities. But, that is not true. Even entry level jobs require you to remember what you are doing and stay on task throughout the work day. At all jobs you must follow instructions, arrive on time, and interact with your boss and other workers.
You must also be able to handle normal work stress. Finally, you need to make decisions and complete tasks without constant reminders. If your mental symptoms cause you to lose focus, or your have frequent panic attacks, then it may be impossible for you to work. Likewise, if mental symptoms interrupt your concentration, then your productivity may fall below what your employer expects. The SSA must consider these mental limitations when deciding whether you can work on a regular basis.
HOW TO PROVE TO THE SSA YOU HAVE MEMORY PROBLEMS
A strong case begins with a supportive medical records. Your medical records should establish what is causing your memory problems. They should also show when your memory problems began and what treatment you are getting. The SSA requires medical records that prove cognitive decline and memory loss.
You should also explain what happens when you try to function in a work setting. If you cannot remember instructions, forget information, lose track of tasks, make mistakes, or become confused when circumstances change, then those issues should be clearly documented. Your disability case becomes stronger when the medical evidence and your description of your daily functioning tell the same story.
Finally, you should remember that winning disability benefits is not simply about proving that you have a diagnosis. You need to establish why your condition prevents you from performing sustained work activity. The SSA evaluates the medical evidence, your functional limitations, your work history, and the requirements of the disability program. When memory problems are severe enough to prevent you from maintaining employment, a carefully documented case can give the SSA the information it needs to understand why you cannot work.
MEMORY PROBLEMS CAN BE A BASIS FOR AN AWARD OF SSD BENEFITS
Serious memory problems can change every part of your ability to work. You may know how to perform a task but forget the instructions. Likewise, you may recognize a mistake but forget how to correct it. These are not simply issues when they happen frequently at work. They can prevent you from meeting the basic mental demands of competitive employment.
The SSA has specific rules for defining memory problems. To define your memory problem, they will focus on the evidence that explains how your memory issues impact your ability to learn, follow instructions, and complete tasks. Additionally, they will examine your ability to remember, concentrate, make decisions, during a 40 hour work week.
If memory problems have prevented you from maintaining substantial gainful activity and your condition has lasted or is expected to last at least twelve months, you may have a basis for Social Security disability benefits. The key is presenting evidence that clearly connects your medical condition to your inability to perform sustained work. You should not assume that memory problems are too difficult to prove. With appropriate medical evidence and a clear explanation of your functional limitations, your condition can be evaluated under the SSA disability rules.
USE THE ACTIVITIES OF DAILY LIVING FORM TO PROVE YOUR CASE
One of the forms the SSA will have you complete asks questions about your “activities of daily living” or ADL form. The ADL form asks you to describe the ways your mental condition limits your daily life. Many people don’t take the time to complete this form in detail. However, it is the best way for you to let the SSA know what you can and can’t do on a regular basis.
The form asks you to explain how your mental symptoms impact you during a normal day. If your memory problems causes you to have trouble following instructions, then tell the SSA. For example, do you go to the store and forget what you need to buy? Do you remember birthdays, anniversaries, or important events? Explain how your mental symptoms affect your routine. Describe problems with concentration, memory, and following instructions. For example, do your memory problems stop you from balancing a check book or do you forget to pay bills?
You need to write down real examples about how your memory problems impact you every day. You are the only one who knows the answer. Your attorney cannot come up with examples for you. Therefore, do not simply answer yes or no on the form. Instead, provide clear examples that show how your memory problems limit your daily activities.
IF YOU WANT TO WIN SSD BENEFITS, THEN HIRE US
In the past 35 years, our Social Security lawyers have won over 20,000 SSDI and SSI cases. Also, we have won over $100 million in ongoing and past due SSD benefits for our clients. Your chances of winning benefits triples if you hire an attorney. However, you need to hire an attorney who has legal experience and understands the law. You should also hire an attorney to prepare you for your psychological exam with the SSA.
If you have a mental symptoms that prevent you from working for over 12 months, then we can help win your benefits. You can apply for SSDI and SSI benefits on Social Security’s website. If you need help filing your claim, then call us.
Every day you wait to file your claim is a day you lose money. SSI benefits begin on the date of your application. SSDI benefits can go back in time, but only one year from the date of your application. We have additional information about filing for benefits for an intellectual disability.
Contact us today. Take advantage of our free review of your case. Call and we will answer your questions. You can explain why your memory problems prevents you from working. We will be able to tell you if you qualify for benefits. Likewise, we can also tell you if you have a good chance of winning SSD benefits.
Put our experience to work for you. Call us if you need help with your SSDI and SSI application. We will answer your questions for free. Contact us today.
