Marken Law Group, PS, has helped hundreds of people obtain Social Security Disability Insurance (SSDI) benefits. We do not charge a fee unless you get the benefits you deserve.
When prescribing pain medications, a healthcare professional must choose the best option for their patients. However, sometimes, the medications prescribed have associated controversies that can make claiming disability benefits difficult. The drug treatment unintentionally harms the person’s case due to the possibility of drug abuse or disorder.
Such cases apply to individuals who are prescribed opioid medicine. Concerned with the treatment affecting their health and care, a case reviewer may deny a claim because of possible OUD (Opioid Use Disorder).
Continue reading below to discover how to overcome these clinical health hurdles affecting your legal case.
Understanding Opioid Pain Medication
Opioid pain medication, commonly referred to as narcotic pain medicine, is a drug prescribed to manage moderate to severe pain. While effective for pain treatment, opioids carry a high risk of addiction, especially with long-term use. It’s crucial to understand both the health benefits and risks of opioid pain medication, especially when dealing with disability claims where chronic pain is a factor.
Opioids can come in more than a hundred types. Healthcare professionals recommending a prescription opioid can prescribe codeine, methadone, tapentadol, and more. An opioid that is not a prescription drug is illegal heroin.
How Prescription Opioids Work
Prescription opioids bind to opioid receptors in the central and peripheral nervous systems. This interaction increases dopamine production, which is associated with feelings of pleasure and pain relief. Opioids are primarily prescribed for pain management but may also affect other areas of health, including:
- Stress
- Mood
- Reward
- Gastrointestinal function
- Breathing function
Why Are Opioids Addictive?
One of the most concerning side effects of opioid pain medication is the experience of euphoria, or extreme happiness, which can lead to misuse and affect your health. The body is quick to build a tolerance to opioids, requiring higher intakes to achieve the same level of pain relief and euphoria. The increasing dosage can lead to physical dependence, where withdrawal symptoms occur if the medication is reduced or stopped.
However, when prescription guidelines are followed closely, the risk of opioid addiction is significantly lower. It is essential to manage opioid therapy responsibly, especially when pursuing SSDI benefits for chronic pain.
How Opioid Pain Medication Affects Your Disability Claim
The use of opioid pain medication can significantly impact your disability claim. Due to the risks and effects associated with opioid therapy, such as addiction and overdose, Social Security Administration (SSA) representatives and administrative law judges (ALJs) are cautious when evaluating claims involving long-term opioid use.
Opioid pain medication also has severe medication side effects that may affect your quality of life and ability to work, including:
- Sleep-disordered breathing: Disturbed sleep can lead to chronic fatigue, impacting daily functioning.
- Chronic constipation: Ongoing digestive issues can interfere with regular activities.
- Increased risk of bone fractures: Individuals are more prone to injury, which may limit mobility and job performance.
- Hormonal dysregulation: This can lead to psychological dependence and emotional instability.
Even if you may not have these effects, they may still deny disability benefits if medical documentation suggests a history of opioid addiction, withdrawal symptoms, or drug dependence. It’s essential to provide thorough medical evidence that supports your claim, highlighting how opioid treatment affects your ability to work.
Applying for Disability Benefits While Taking Opioid Medication
If you are applying for disability benefits while taking opioid pain medication, SSA adjudicators and case managers will carefully review your medical records. They will look for specific details that could impact your claim. To strengthen your case, here are a few key steps to take:
- Review Your Medical Records with Your Attorney:
Ensure your medical documentation does not suggest “drug-seeking” behavior, as this can severely harm your credibility and negatively affect your disability claim.
- Identify Wording That Implies Drug Dependence:
Have you ever lost your medication or requested refills earlier than prescribed? Even if a doctor doesn’t explicitly label you as “drug-seeking,” language implying dependence can be detrimental and should be addressed before filing your claim.
- Check for Drug and Alcohol Use History:
Evidence of recreational drug or excessive alcohol use in your medical records can undermine your claim, even if you are prescribed opioid pain medication for chronic pain. Address these issues with your attorney to ensure they don’t jeopardize your chances of receiving benefits.
Note: (If you want to explore Social Security’s drug and alcohol interpretation further, please click here.)
Having the right legal guidance can be crucial when dealing with complex cases involving opioid pain medication. Marken Law Group is here to help you navigate the process, ensuring your records are properly reviewed, and your story is presented clearly to SSA.
Acquire Evidence of Efforts in Resolving Pain Medication Needs
If you have a chronic condition like degenerative disc disease, SSA adjudicators will want to see documented efforts to manage your pain through other health treatments. This might include physical therapy, chiropractic care, consultations with an orthopedic surgeon, steroid injections, or even surgery. Their focus is on proving that you have sought alternative treatments to avoid long-term opioid use.
The worst-case scenario for your disability claim is if your medical records show you only visiting your primary care doctor for opioid refills without pursuing other pain management options. This can significantly weaken your claim, as it suggests a lack of effort to reduce opioid dependence.
Seeking Reasonable Accommodation for Pain Management
Requesting reasonable accommodation (RA) for chronic pain can help reduce reliance on opioid pain medication while improving your ability to perform daily activities. RA can include adjustments in your work environment or tasks, allowing you to manage pain more effectively and comfortably without the need for high-risk pain medication.
By seeking accommodations, you can also demonstrate to SSA representatives or ALJs that you are proactively managing your pain in ways that limit dependency on opioids, which may strengthen your disability claim.
How to Request Reasonable Accommodation for Chronic Pain
Requesting reasonable accommodation is essential for managing chronic pain in the workplace. Here are key steps to ensure your request is handled properly:
- Communicating with HR
Documenting your request in writing is crucial. This creates a paper trail that can protect you in case of disputes. Your employer may also assess whether your medical condition meets the ADA’s definition of “disability” to determine if you’re eligible for an accommodation.
- Job Accommodation Network (JAN)
The Job Accommodation Network (JAN) provides free, confidential advice on requesting accommodations for chronic pain. Consulting with JAN can help you approach HR effectively and secure your accommodations.
- Americans with Disabilities Act (ADA) Centers
ADA Centers across the U.S. offer local support and resources on assistive technology and how to obtain it. These centers can guide you through requesting reasonable accommodations for chronic pain, ensuring you get the needed help.
How Marken Law Group Can Help
A drug can be abused or misused due to the effects it brings. Opioids are one of them.
While opioid pain medication is often controversial, it remains a critical part of pain management for many individuals with chronic pain. However, the SSA may question the long-term use of opioids in your disability claim. It’s essential to effectively convey how your prescribed opioid therapy is necessary for managing your condition, ensuring SSA representatives fully understand its importance in your daily life.
At Marken Law Group, we specialize in handling disability claims involving opioid medication. Our experienced team can help present your case effectively, protecting your rights to receive the disability benefits you deserve. With our “No benefits, no fees” policy, you won’t pay unless we win your case. We have successfully helped thousands of people like you secure their benefits, and we’re here to do the same for you. Contact us today for a free consultation, and let us help make your journey to receiving benefits easier.