George Piemonte, NOSSCR 11th Circuit Board Representative

Another of my favorite limitations is limited endurance, which prevents full-time work. Let’s review some ways to prove this.

Remember that limited endurance can be physical or mental. And perhaps your claimant has both. You will need to prove the claimant’s specific response to fatigue. Do they need to sit and rest or lie down? Does fatigue interfere with their ability to focus and concentrate? It would be best if you discussed fatigue with your claimants and learn how they respond to it or how it affects them, and then you can figure out how to prove it.

You need to connect the response to a diagnosis. For example, fibromyalgia can cause fatigue or brain fog. Some people have severe fatigue after a seizure or a migraine.

One excellent way to prove the response is to have your claimant keep a log. For our clients with migraines, we give them a log to record their headaches. We have them chart the date, duration, intensity, and recovery time for their headaches. Be creative. Anything episodic and not likely to occur when they are at the doctor, you can have them keep a log about it. We also tell our claimants to give copies of their logs to their doctors. This does two things: 1) it helpfully informs the doctor and may assist them in devising a course of treatment, and 2) that log will become part of the medical records. Logs can be gold.

Other ways to prove the response are from lay witnesses. Whether a written statement or testimony at the hearing, someone else corroborating what your claimant says can provide the proof you need.

Of course, if you can get a medical opinion that connects the diagnosed condition to your claimant’s response, that is always good proof.