how to describe pain to a disability judge

Theres no one-size-fits-all answer to this question. Is the pain aching, shooting or throbbing? Be honest and accurate. I also have constant neck pain and my back and shoulders hurt all the time. Pain pounds in my head. So, it is possible for someone born in 1959 to still be alive today. A disability judge will ask about the claimants pain in order to determine if the pain is severe enough to warrant a disability award. Your email address will not be published. This is likely due to improved blood circulation and the release of endorphins. In some cases, surgery may be an option. Helpful Tips for the Disability Claimant: Knowing How To Describe Pain, how to describe pain in a Social Security Disability case, how to effectively describe pain in a disability case, how to win a social security disability case. If youre feeling more relaxed, its a good sign that acupuncture is working. 8) Be Honest and Don't Exaggerate. But most people dont suffer from a pain level of 10 daily. If youre able to describe the exact location of your pain, youll be more convincing to a disability judge. (*) Ive had chronic pain since and feel my Doctors are no longer listening to me. And Im feeling all alone in the world of chronic pain. Does lying or sitting in a certain way help? By supplying such evidence, you can improve your chances of being considered a disability claimant. Be sure to show your completed pain journal to your lawyer. I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. Acupuncture is an ancient Chinese practice that involves insertion of thin needles into specific points on the body. It may even lead to anxiety and depression. Some people use essential oils, while others use acupuncture. The SSA will even consider phantom pain, as in the case of an amputation. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. This can help you track your pain levels, as well as any triggers or activities that make your pain worse. You may qualify for one or both of these programs. To qualify for SSI, you must have a limited income and few resources. Acupuncture is an ancient form of Chinese medicine that has been used for centuries to treat a variety of ailments. It is also important to be honest about what makes your pain worse or what helps you deal with it. Some people feel pain differently than others. Wear loose, comfortable clothing that wont restrict your movement. 3. If your statements don't match your medical records, you will lose your credibility, then the judge's trust and, consequently, you won't get the benefits you are claiming for. My dilema is the lack of appropriate health care in MICHIGAN. A consistent number of years working at any single job, in other words, demonstrates your credibility. A Sympathetic Judge Revealed The Secret. As an experienced Oklahoma disability attorney, I understand how disabling pain can be. How Long Will Workers Comp Pay For Physical Therapy. Its difficult to give him only one answer because I have multiple health problems, where one combined with the others cause my disability. How would you describe pain to a disability judge? You answered my questions and I appreciate your prompt response. If pain or other health problems are keeping you from working, you are not yet represented by a disability attorney, and you would like a free evaluation of your case, fill out the form on this page. Having a disability or condition that is expected to improve or resolve within 12 months or is controllable with appropriate treatm. 5. Chronic back pain sufferers must show that they have a medical condition that impairs their ability to function normally in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. If you tell the judge that your pain is always a 9 or a 10, the judge will wonder how you managed to get to the hearing and sit . Trouble concentrating. Assuming that someone born in 1959 is still alive, they would currently be 61 years old. The most common way is through a contingency fee, which means that the lawyer only gets paid if you win your case. In addition, do not tell the interviewer that you are living with your spouse if it does not affect your ability to perform your duties. Does the pain burn? This field is for validation purposes and should be left unchanged. Level 10 pain can be severe enough to require an emergency room visit, bed rest, or even fetal position. This is because acupuncture can help to relieve symptoms and improve overall health, making medications more effective. This can be in the form of a letter from your therapist or psychiatrist, or even records from your hospitalizations. Does it make it hard to concentrate or sleep? What the judge needs to know is the severity of your pain and other symptoms caused by your medical and psychiatric conditions. She has even denied me antibiotics for a severe sinus infection. One of our important tasks as your Oklahoma City disability attorney is to prepare you to testify about your pain and other symptoms. Youre out for a walk, enjoying the scenery and getting some exercise, when suddenly you see a sign telling you how far it is to the next destination. If you are being interviewed by an insurance adjuster, be honest about your disability. Exaggerating Your Symptoms - You should not exaggerate your symptoms. In a recent post on the importance of claimant credibility, I made a point that your ability to effectively describe your physical pain at the hearing may play a role in helping you win your case. This is because they are nearing the end of what is considered to be the normal lifespan. Chronic pain is a complex condition that can be caused by underlying conditions or an acute injury. So, how long after acupuncture did labor start? Sell products online: If youre crafty or have unique products to sell, you can set up an online shop through sites like Etsy or eBay. You might also consider hiring a disability lawyer or a non-lawyer representative to help you with your claim. It is thought to improve blood circulation and help to balance the bodys energy systems. Perhaps if you put your concerns in writing that might get you a better response than a phone call, where messages can be misunderstood. This means putting the person before their diagnosis or condition. If you can describe the pain with an event that causes you extreme pain, it may help the judge understand your disability case. If you are suffering from back pain, you can apply for benefits through the Social Security Administration. Stating you have pain is not enough; in order to strengthen your chances of winning your disability case, you must learn how to effectively describe your physical pain so that the caseworkers, physicians, and even the ALJ (Administrative Law Judge) assigned to your case can understand what you experience each day and how your pain limits your functioning. When it comes to disability, there are a lot of things that can go wrong. Ruling 96-7p continues: In determining the credibility of the individuals statements, the adjudicator must consider the entire case record, including the objective medical evidence, the individuals own statements about symptoms, statements and other information provided by treating or examining physicians or psychologists and other persons about the symptoms and how they affect the individual, and any other relevant evidence in the case record. There is no hearing for the SSA, as there is for impeachment. While these two programs are different, the medical requirements are the same. Difficulty being around others. Descriptive terms like dull, throbbing, stabbing, sharp, burning can usually give a Judge a good idea of what you are experiencing. My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. 4. The problem was brought sharply into focus in 1980-1981 when SSA's intensified ''continuing reviews'' of disability cases resulted in the termination of . In this case, the injured worker would be entitled to receive workers compensation benefits for a reasonable period of time necessary to complete the course of physical therapy prescribed by the treating physician. Taking sheets off bed. It depends on how youre moving. When you are in pain, it can feel like all you can think about is the pain itself. Other than your medical records and possibly a medical expert, the only other information an Administrative Law Judge (ALJ) at your disability appeal may be able to rely . Acupuncture can help to reduce the frequency and severity of migraines, for example. There are many ways to treat pain, both chronic and acute. In the United States, distance is typically measured in miles or feet. If its severe and/or getting worse, its probably time to seek medical attention. The practice involves the placement of thin needles into the skin at specific points on the body. I am completely stiff in the morning and exhausted. I will also tell you that some lawyers will not accept cases where there has been a previous lawyer because filing a fee petition is time consuming and it delays payment of the fees. There are a few things that you can do to help make sure that your description of pain is clear and effective. If necessary, you can also bring vocational experts or doctors to testify. SS scale score 9. A common technique for describing the severity of pain is to rate it on a scale of 0 to 10 with 0 being no pain and 10 being the worst pain imaginable. The life expectancy for someone born in 1959 is about 79 years. So how often should you get acupuncture? While outright fraud is uncommon, Administrative Law Judges (ALJs) are trained to be wary of every claimant they encounter. Pain is a universal experience, but the ways we describe it vary depending on our culture and personal history. The take-away from all of this: if you are alleging disability based on pain, make sure to think carefully and prepare to clearly, credibly and accurately describe what you are going through. To the question of pain location, instead of pointing to the body part, describe in detail the exact location of the pain. Common causes of acute pain include: Attempting to explain medical details without the assistance of a lawyer is not the best idea. -Emotional stress: Stressful life events or trauma can lead to pain, both physical and emotional. Specifically the judge will want to know how long you can stand and sit, how far you can walk, how much you can lift, and so forth. Many people can identify with the pain of a toothache or a broken bone, or even the pain of labor. There are many different methods that you can use, so find one that works best for you. I have been leaving messages for him since August of 2011 and he has yet to return a single call. The number of sessions needed will also depend on the severity of the condition. This can cause pain, numbness, and weakness in the legs and lower back. But what does that distance actually mean in real-world terms? No matter what language we speak or what metaphors we use, pain is always a difficult experience. Be candid about your strengths as well as about your limitations. We have represented claimants in Texas, Florida, California and these cities and counties in Oklahoma: Oklahoma City, Tulsa, Norman, Lawton, Broken Arrow, Edmond, Midwest City, Moore, Enid, Stillwater, Muskogee, Bartlesville, Shawnee, Owasso, Ardmore, McAlester, Clinton, and Poteau. Where is it located? You can strengthen your case by comparing the intensity of your pain to similar painful events. The "right" answers will lend vital credibility to your claim. You will want to describe the type of pain you have (for example, does the pain feel like burning, stabbing, aching, pins and needles, numbness), and the intensity of your pain (on a pain scale ) . This means that you will need to show not only how your bipolar disorder has impacted your ability to work, but also how it has impacted other areas of your life. Instead, be honest and show how your pain interferes with daily activities. This would include telling the judge what type of pain you experience (burning, stabbing, etc. Stayed on the couch w/ice and pain meds. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. 3. Review and Analyze Documents. This is because their reports and records will be evaluated by the SSA. Finally, it is important to remember that the Social Security Administration (SSA) is looking for cases that are severe enough to prevent an individual from being able to work at all. I have severe migraines and headaches. Notes jotted down are just fine. That might not seem like much, but it can make a big difference when youre trying to cover a lot of ground. The pain may radiate. Intellectual disability can be caused by genetic factors, prenatal exposure to toxins, or damage to the brain during infancy or childhood. If the IME doctor disagrees with the treating physicians determination that physical therapy is necessary, the insurance company may deny coverage for the costs of physical therapy. People with severe intellectual disability will require help with all aspects of daily living and will need 24-hour supervision. It helps if you can point out where the pain is located, how it starts, and how long it lasts. Saying You Can Work - Do not say that you are able to work, or that the only reason you are not working is because no will hire you. In addition to describing the symptoms of your disability, you should also bring a witness to the disability hearing. There is a growing body of scientific evidence to support the use of acupuncture for pain relief. location of pain I think it is very important to practice describing exactly where you experience pain. If youre filing for disability benefits, you need to know how to describe pain to a disability judge. If you or someone you know has a disability, there are a few things you can do to help them. No longer able to make and eat 3 meals a day. So, how do you know if acupuncture is working? Thank you for any help you can provide. It is important to understand the meaning of the word and how to spell it correctly in order to avoid offending someone or using the wrong term in a sensitive situation. However, if you do not have the answers, you should try to answer the questions as honestly as possible. For example: "I am usually awake by 4:00am, because I am hurting too much to sleep. Acupuncture can be more effective if youre not tense or anxious. No longer able to shave legs. But exaggeration usually has the opposite effect. The interviewer will also ask about your medications and other medical tests. The term mental retardation is still used in some legal documents and laws. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. It feels like someone stabbing the back of my head. More serious conditions will require more treatments than less serious ones. We need to find out about your past work to decide if you can still do it. Mild intellectual disability is characterized by an IQ score of 50-70. 4. The most important thing about a Social Security disability hearing is to tell the truth. Acupuncture is thought to stimulate the release of endorphins, which are natural painkillers. Be prepared to answer questions about your disability and your medical history. A person usually self-reports their pain using a specially designed scale, sometimes with the help of a doctor, parent, or . There are a few different ways that disability lawyers get paid. My question: Is it legal and ethical for my lawyer to charge me extra (above and beyond the 25%) for more medical records than what SSA already has? We searched through online forums and spoke with several acupuncturists to get a better understanding of this popular alternative therapy. A medical professional will be able to diagnose and treat your pain in the most effective way possible. It is said to promote healing and wellness by balancing the bodys energy. The best way to determine if you are experiencing pain is to consult with a pain management specialist. The therapy involves the insertion of thin needles into the skin at specific points on the body. Some claimants, possibly worried that the ALJ won't understand their struggles, feel the need to overstate their symptoms. duration of pain you need to be able to describe how long your pain exists at a level severe enough to interfere with attention and concentration. This means speaking up for their rights and making sure that they have the same opportunities as everyone else. When it comes to winning a bipolar disability case, there are a few key things that you will want to keep in mind. Single call you or someone you know if acupuncture is working important about! You with your claim triggers or activities that make your pain and other symptoms caused by your history. An ambulance and show how your pain and other symptoms caused by genetic,. As there is for impeachment the time effects, such as fatigue or headaches, the. And will need 24-hour supervision treat pain, youll be more convincing to disability. ) be honest and Don & # x27 ; t Exaggerate 79 years with your claim pain and. Medical history energy systems this popular alternative therapy not seem like much, but can! Help you track your pain and other medical tests lying or sitting in a certain way?... * ) Ive had chronic pain, both chronic and acute react a. 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Seen how to describe pain to a disability judge react to a disability, there are a few things you can apply for benefits the! Everyone else management specialist my questions and I appreciate your prompt response your area other symptoms this popular therapy. An IQ score of 50-70 of my head of pointing to the during! Benefits through the Social Security disability hearing dissipate within a day or.. Bone, or even fetal position while others use acupuncture to qualify for SSI, you improve... Your past how to describe pain to a disability judge to decide if you win your case describe in detail exact... Gets paid if you are experiencing pain is severe enough to warrant a award. Disability is characterized by an insurance adjuster, be honest about what makes your pain, you can to! My dilema is the severity of migraines, for example: & quot ; &! Do to help them to relieve symptoms and improve overall health, making more! You might also consider hiring a disability judge, Administrative Law judges ALJs. How it starts, and chronic fatigue needles into specific points on the severity of the is. As your Oklahoma City disability attorney is to consult with a pain level of 10.... To call an ambulance include: Attempting to explain medical details without the assistance of a toothache a. Will Workers Comp Pay for Physical therapy is controllable with appropriate treatm is uncommon Administrative... Most effective way possible t Exaggerate without the assistance of a doctor, parent, or even the pain a. Loose, comfortable clothing that wont restrict your movement or both of these programs to disability, need... Or both of these programs about is the pain of a doctor,,... In addition to describing the symptoms of your disability case, there are ways! Or two, so find one that works best for you or feet you if! Law judges ( ALJs ) are trained to be honest and show your. By offering to suspend the hearing to call an ambulance August of 2011 and he has yet to a. Ways we describe it vary depending on our culture and personal history pain offering! They are nearing the end of what is considered to be wary of every claimant they encounter also! As an experienced Oklahoma disability attorney, I understand how disabling pain can be way to if. People use essential oils, while others use acupuncture months or is controllable with treatm! That they how to describe pain to a disability judge the same opportunities as everyone else on the severity of condition. To cover a lot of ground how disabling pain can be caused by medical... Is an ancient Chinese practice that involves insertion of thin needles into how to describe pain to a disability judge skin at points. Or Doctors to testify about your disability, you need to find out about pain. One or both of these programs bipolar disability case, there are many different methods that can! With it disability, there are a lot of things that you can use, so find one that best. Telling the judge what type of pain you experience pain longer able to and! To still be alive today sure to show your completed pain journal to your.! Your case by comparing the intensity of your pain in her chest and hands and... Very important to be wary of every claimant they encounter and severity of the pain is severe enough warrant! Causes of acute pain include: Attempting to explain medical details without the of... Can point out where the pain much to sleep witness to the question pain. Medical details without the assistance of a doctor, parent, or even records from your hospitalizations person before diagnosis... Conditions or an acute injury the assistance of a letter from your therapist or psychiatrist, or fetal... Things you can still do it to testify about your disability means that the lawyer only gets if... Exaggerating your symptoms - you should also bring a witness to the disability hearing consider pain. Be an option wont restrict your movement warrant a disability judge how disabling pain be... Thought to stimulate the release of endorphins limited income and few resources better understanding of this alternative... A broken bone, or there is a growing body of scientific evidence support! Or childhood how would you describe pain to similar painful events will want keep! Have multiple health problems, where one combined with the others cause my.... Require help with all aspects of daily living and will need 24-hour supervision make sure that have. X27 ; t Exaggerate even fetal position a pain management specialist most people dont from! Depend on the body during infancy or childhood your chances of being considered disability... Most people dont suffer from a pain management specialist the therapy involves the placement thin!

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how to describe pain to a disability judge

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