Your treating physician may have prescribed you a specific medication to aid in the healing process of your current health condition. They may have disclosed the long list of possible side effects beforehand, but you still may have never imagined that you would be part of the small percentage who actually experience them. What’s worse is if your body’s reaction to the drug is quite adverse to the point that it results in a long-term disability. With this, you may wonder if your side effects constitute a claim to the Social Security Disability Insurance (SSDI) program. Please follow along to find out whether you can be eligible to collect SSDI benefits if a prescription medication gave you a disability, and how a proficient New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can help you navigate this rather difficult time in your life.
Am I eligible for SSDI benefits if a prescription medication gave me a disability?
In its most general sense, the Social Security Administration (SSA) defines a disability as a medical condition that prevents you from performing substantial gainful activity (SGA) that is either expected to last for 12 months or longer or likely to result in death. So with that, it does not necessarily matter what caused you to incur this disability, whether it be a workplace accident, an illness, or a prescription medication meant to cure you from this.
Examples of drug-induced disabilities that the SSA may carefully consider for SSDI benefits include permanent nerve damage, liver failure, heart defects, kidney failure, respiratory issues, cognitive decline, and chronic autoimmune reactions. This is because, usually, these conditions may prevent someone from performing effective work-related activities like standing, lifting, concentrating, and memory.
What if a prescription medication has given me a substance abuse issue?
Of course, to claim to the SSA that a medication caused your disability, you must demonstrate that this drug was prescribed to you by a licensed medical professional. And also, that you took the right dosage at the correct frequency throughout your treatment plan. Lastly, you did not engage in any illicit drug use that may have interacted poorly with this prescription medication. Otherwise, indications of carelessness or recklessness in the manner may affect the legitimacy of your SSDI benefits claims.
We would be remiss if we did not mention that the SSA does not grant SSDI benefits based solely on a substance abuse disorder. That is, if the medication you were prescribed was highly addictive, and you now have an untreated addiction that hinders your ability to participate in SGA. To receive financial compensation for this, it may be better to pursue a medical malpractice claim against the negligent physician. Rest assured, we may direct you towards the right legal team that can help you execute this.
But for further legal assistance with your SSDI benefits application, please hire a talented New Jersey SSDI benefits lawyer from The Law Offices of Sheryl Gandel Mazur. Schedule your initial consultation with us today, and see just how much we can do for you.
