George Piemonte, NOSSCR 11th Circuit Board Representative

Today, I will discuss another of my favorite limitations and suggest ways to prove it. This time, we will discuss the limited ability to tolerate stress.

Representatives often overlook this potentially winning limitation during the hearing. SSR 85-15 states, “The reaction to the demands of work (stress) is highly individualized, and mental illness is characterized by adverse responses to seemingly trivial circumstances.” SSR 85-15 gives some great examples of things that appear to be trivial but can be highly stressful to some people with mental limitations. For example, just trying to get to work regularly or on time can be highly stressful for some people. Other examples are just having their work supervised, which can be stressful for some, or remaining in the workplace for the entire workday. The possibilities are endless; it all depends on what causes stress for your client. That means you must explore what causes stress for your client well before the hearing to give time to get the necessary proof and develop your direct examination of your client.

So, what you must prove is:

• What can cause your client too much stress
• What your client does in response to stress that precludes work

Medical opinions or statements can prove what is stressful to your client and what your client does in reaction to that stress. That is why it is critical that you, early on in your representation, explain to your client how essential it is to report everything that is going on with them to their doctor(s).  While yes, you will need and want to have your client testify about what is stressful for them and how they react to it, confirm those in the medical evidence. To emphasize that point and help them remember to report everything to their doctors, I have always told my clients to live by the adage: if it is not in the medical records, it is not true.

Additionally, lay evidence can be gold in proving that it actually happens in real life and how people react to that stress.

When representing your client, you need to determine the theory of your case early on. This includes determining what is stressful for your client and how they react to it so you can figure out how to prove it.

This is a guest column. The views expressed in this column are the views of the author alone, and do not represent the views of NOSSCR, NOSSCR’s leadership, or NOSSCR’s staff.