Disability Benefits and Concentration Problems: What You Need to Know

At Tucker Law Group, our clients often tell us that their inability to concentrate, focus, and poor memory plays a significant role in why they cannot work. Perhaps it is pain or other symptoms. It may also be side effects from medications. No matter what the cause is, our team cannot stress enough how important concentration, focus, and memory problems are to proving that you are disabled. Getting these documented in your disability claim is crucial. Do NOT downplay these your concentration problems to anyone.

Whether you are applying for disability insurance, ERISA disability, Social Security Disability, or Veterans (VA) benefits, you need to make sure the decision-maker knows about any problems you have with concentration, focus, and memory.

Why is this important? Because jobs require you to be able to keep on task and remember certain information. If you cannot focus on what you are doing, you cannot make decisions or carry out your job duties. If you have memory problems, you likely will have problems following instructions or remaining productive during the workday. This is particularly true when a person cannot remember short processes or follow simple (2 or 3 step) instructions, because it shows the severity of their condition prevents not only complex jobs, but more basic ones as well.

Concentration Problems and Disability Rules

The Social Security Administration (SSA) and vocational rehabilitation profession refers to memory and concentration problems as “non-exertional impairments,” SSA’s disability rules say that when the limitations and restrictions from your impairment affect your ability to carry out the duties related to your job, other than physical demands, you may be considered to have a non-exertional limitation. A few examples of non-exertional limitations include:

• Difficulty functioning because you are nervous, anxious, or depressed
• Problems maintaining attention or concentrating
• Difficulty understanding or remembering detailed instructions

Mental limitations or restrictions are considered when you have a significant loss of ability to meet one or several work-related tasks on a regular basis. You may be eligible to claim disability benefits if your impairment limits your ability to:

• Understand, remember, and carry out simple instructions
• Make judgments that are commensurate with the functions of unskilled work–i.e., simple work-related decisions
• Respond appropriately to supervision, co-workers, and usual work situations
• Deal with changes in a routine work setting

This means that Social Security may consider you disabled even if you still have physical abilities, but have serious problems with your concentration and memory. While these rules do not apply to disability insurance companies, the same concepts apply.

What Can You Do to Seek the Disability Benefits You Need?

• Be sure to list these kinds of problems on any forms you fill out for your disability insurance company, SSA, or the Department of Veterans Affairs (VA);
• Tell all of your doctors about these problems;
• If you think these problems come from your prescription medicine(s), tell your doctors that you are having side effects from the medicine and describe the side effects; and
• If the insurance company, Social Security, or the VA sends you for an examination, be sure to explain the problems you are having with concentration, focus, and memory; and explain if these problems are side effects from your medicines or are caused by pain or other symptoms.

About Tucker Law Group

The attorneys at Tucker Law Group handle disability insurance claims, appeals and lawsuits nationwide. Our ERISA lawyers have experience dealing with various types of disability insurance policies. We have also helped thousands of clients with disability insurance claims, ERISA claims, VA disability appeals and Social Security Disability appeals. To schedule a free consultation with our team, call (866) 233–5044 or contact us online.

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