Some people have health problems that result in “good days” and “bad days.” Individuals with inflammatory arthritis, migraines, seizures, fibromyalgia, and some mental health difficulties, may feel relatively normal on some days, and completely incapacitated on others.
You may be found eligible for disability benefits at a hearing if bad days would cause you to miss 1 to 2 unscheduled days of work per month. The difficulty, however, is to prove this. Below are some ways we have used to document symptoms that come and go:
- If you worked for a time with your health problems and had many absences, get a report from your employer about the number of days over a year or so when you left work early, came in late, or took a sick day.
- Keep a diary of daily symptoms associated with your disabling condition. We can provide you with a specially tailored form to do this. If you have a seizure disorder or another condition that makes you an inaccurate historian of your own symptoms, have a witness help you with your record. Give your attorney a copy of your symptom diary.
- Share your symptom diary with your doctor, and get regular care. This will help you get the care that you need, and will also insure that your doctor understands your condition. Hopefully, your doctor will record the number of symptom flares and severity of those flares in your treatment record and adjust treatment accordingly. Medical evidence is always the most convincing evidence to a judge.
