how to describe pain to a disability judge

My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. If its severe and/or getting worse, its probably time to seek medical attention. Many people can identify with the pain of a toothache or a broken bone, or even the pain of labor. I go to the bathroom and it takes at least 30 minutes to brush my teeth. The most common complication is pain at the site of needle insertion. They also look at what treatment you have sought to eliminate your pain. he just shrugged. Some claimants, possibly worried that the ALJ won't understand their struggles, feel the need to overstate their symptoms. This is particularly true for people over the age of 60. The amount of the disability check may vary depending on the individuals other sources of income and financial need. Is the pain aching, shooting or throbbing? There are four levels of intellectual disability, mild, moderate, severe, and profound. Participate in surveys or focus groups: Companies are always looking for consumer feedback on their products or services. Mild intellectual disability is characterized by an IQ score of 50-70. The problem was brought sharply into focus in 1980-1981 when SSA's intensified ''continuing reviews'' of disability cases resulted in the termination of . Some people use essential oils, while others use acupuncture. Social Security Disability Attorneys. The life expectancy for someone born in 1959 is about 79 years. Doctors and therapists use a pain scale that ranges from one to ten. However, younger workers may qualify with fewer credits. Seeing a therapist can be very helpful for some people. There are many ways that you can manage pain. 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. However, if you do not have the answers, you should try to answer the questions as honestly as possible. I recently tried a case where my client would say things like after about 15 minutes, you get to the point where you cant get comfortable sitting or standing. Some people take medication, some people see a therapist, and some people use natural methods. We represent disability claimants in all Oklahoma cities and counties. 2. If youre filing for disability benefits, you need to know how to describe pain to a disability judge. Is your pain worse in the morning when you first get out of bed or later in the day? But exaggeration usually has the opposite effect. 2. I have been leaving messages for him since August of 2011 and he has yet to return a single call. How Long Will Workers Comp Pay For Physical Therapy. However, there are some general tips that can help. The disability process is long and enduring. Describing your pain in detail may help a Social Security disability client win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. Wear loose, comfortable clothing that wont restrict your movement. Just about any exertion exacerbates it and mak. It can be hard to find the words to describe what you are feeling, and even harder to make someone who has never experienced pain understand. Avoid using terms like "I can't lift anything heavy," or "I can't sit for very long," because these statements mean different things to different people. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. The pain may radiate. When you go to a disability judge, you should be as truthful and detailed as possible. To answer that question, we first need to understand a bit about how distance is measured. Using a pain scale. Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. If you have a disability, you know the pain like nobody else. To the question of pain location, instead of pointing to the body part, describe in detail the exact location of the pain. If you're working with an Augusta Social Security disability attorney, be prepared to explain the nature and extent of your physical symptoms in a hearing. Advocates of acupuncture believe that this stimulates the bodys natural ability to heal itself and can be used to treat a wide variety of physical and mental conditions. Describe Your Pain Realistically. It can be difficult to prove to a disability judge that you suffer from chronic pain. 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. I toss and turn until about 5:00, then I get up and turn on the coffee pot.". Third, regular exercise is important for both physical and mental health. Does the pain burn? If you can, quote your doctor whenever possible. Fourth, relaxation techniques such as yoga, meditation, and deep breathing can help to ease both physical and mental tension. This is especially important if your limitations come and go. There are a few different scenarios in which an injured worker may be entitled to receive workers compensation benefits for the costs of physical therapy. Triggers: What events trigger your pain, if any? Irvine, CA 92617, United States, Entire site copyright 2022 Optimized Attorney 8) Be Honest and Don't Exaggerate. In some cases, surgery may be an option. My lawyer wanted me to tell him just 1 medical problem I have. Log in. 3. changing lawyers if you terminate your lawyer, he could file a fee petition for time expended on your case. 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 through it. Medications? Elsewhere, you might encounter other rating systems, such as the Defense . Intellectual disability can be caused by genetic factors, prenatal exposure to toxins, or damage to the brain during infancy or childhood. So how often should you get acupuncture? Keeping a journal of your symptoms and pain may be useful. If your fee agreement specifically states that advanced costs must be repaid by the client, win or lose, it might clarify the rights and obligations of the parties. This would include telling the judge what type of pain you experience (burning, stabbing, etc. Your ability to effectively describe your pain to your doctors is also important. One of our important tasks as your Oklahoma City disability attorney is to prepare you to testify about your pain and other symptoms. So, how long after acupuncture did labor start? (*) No longer able to make and eat 3 meals a day. For example, does moving in a certain way, or heat or cold aggravate your pain? Be sure to include things such as pain level, daily limitations, and medicines taken (and side effects). How long can you sit, stand or walk? Acupuncture is an ancient Chinese practice that involves inserting thin needles into specific points on the body. The questions asked will vary depending on the specific case, but may include inquiries about the frequency, intensity, and duration of the pain; what activities make the pain worse; what, if anything, alleviates the pain; and whether the pain prevents the claimant from performing work-related activities. The following are some guidelines suggested by Tomasz Stasiuk to help claimants be able to effectively describe their pain. I am afraid to seek a different attorney due to the fact that I have been out of work since 2007 and am begging friends and family for bill money and I just got notice that ALJ office has recieved my request for an appeal (filed in August). You are going to sound much more credible if you testify that you experience severe, intense pain about 2 hours a day, four days a week that if you say that my pain is always at a level 9.. Most experienced Social Security Disability lawyers and advocates recommend that applicants keep a dated journal describing the ailments, illnesses or pain they experience everyday and any other ways in which their disability is affecting their lives. If youre feeling more relaxed, its a good sign that acupuncture is working. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. Some people will die before they reach their 79th birthday, while others will live much longer. The most important thing about a Social Security disability hearing is to tell the truth. Acupuncture is said to stimulate the release of endorphins, which are the bodys natural pain-relieving chemicals. Publish: 25 days ago. 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 you can't accurately describe your condition, the judge might deny your appeal. This field is for validation purposes and should be left unchanged. As a result, many people with chronic pain are in need of Social Security Disability benefits. You may also find it easier to sleep better and feel more rested. How long you have had your pain; Where you feel the pain; Whether your pain is in one spot or spread out; How the pain feels and how severe it is The first is that you need to have a clear and well-documented diagnosis of bipolar disorder from a qualified mental health professional. Do yourself a favor and start journaling today. 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. Acupuncture can also help to reduce stress and anxiety levels. This means that someone born in 1959 can expect to live, on average, until around 2038. I have seen many medical records where during an office visit, a client replied only by saying Fine after being asked by the doctor How are you doing? In such cases, the clients chart might reflect something like: Patient stated that she is doing fine today. The word fine does not win a social security disability case. Do events such as walking result in pain? Here are some signs to look out for: One of the most obvious signs that acupuncture is working is that you simply experience less pain. Paint an accurate picture and the judge is more likely to believe you. Pain is subjective and can be hard to describe. 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 . You . Acupuncture is generally considered safe when performed by a trained and licensed practitioner. But most people dont suffer from a pain level of 10 daily. Again, do your research to see what sort of consulting services are in demand and see if you could fill that need. There are 5,280 feet in a mile, so 500 ft is just under 1/10 of a mile. Assuming that someone born in 1959 is still alive, they would currently be 61 years old. The best way to find out how a particular lawyer charges is to ask them directly. Get tired easily. The most important thing is to find the root cause of the pain, as this will help determine the best course of treatment. 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. As Thomas suggests, pain can be hard to describe because 1) it is subjective and cannot be felt by others and 2) it is not a visible condition. Alternatively, does it start bad in the morning and continue to worsen until you go to bed? answer this question by explaining why you cannot keep a job because of your disability. The severity of symptoms and the effectiveness of treatment options are important factors. Difficulty being around others. Some people with epilepsy have no known cause for their condition. How Long After Acupuncture Did Labor Start Forum. A herniated disc is a condition in which a disc between the vertebrae of the spine bulges out and puts pressure on the spinal cord or the nerves that branch off from it. Here are a few ideas for how to make money while disabled: 1. Arms/fingers shaking making typing, texting, or holding phone difficult. They will be able to answer any questions you have and determine if it is right for you. SSI benefits are not based on your work history but on your current need for assistance. If you are considering acupuncture for treatment of a health condition, it is important to consult with your doctor first. Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims process and during doctors visits as well. Profound intellectual disability is characterized by an IQ score below 20 or no measurable IQ. Difficulty staying focused on a task / need breaks. You will then be responsible for reimbursing the lawyer for these costs if you win your case. Symptom severity (SS) scale score 5 or WPI 3 - 6. Acute pain is short-term pain that comes on suddenly and has a specific cause, usually tissue injury. Try to describe when and where youre in pain, how much it hurts, and how long it lasts. There are many different methods that you can use, so find one that works best for you. The therapy involves the insertion of thin needles into the skin at specific points on the body. If necessary, explain your disability and educate the interviewer. We need this information to see if you can do any of your past work. Second, it is important to keep a pain journal. You know where it hurts, when it hurts, and the effects it has on your daily life. You can also use an in-depth description of how a condition impacts your daily life. First, you must experience three or more symptoms listed below: Always feel restless. 8. mid and lower back / sharp shooting. 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. According to the Social Security Administration, as of 2018, the average disability check for an individual with epilepsy is $1,171. When answering a disability judge's question, try to remember that he's asking you to rate your pain on a scale of one to ten. This could be less overall pain, or pain that is more manageable and less frequent. Nature of your pain is it throbbing or sharp? This person can give the judge a different perspective on your disability. There are also many natural methods that you can use to manage pain. Acute pain tends to start out sharp or intense before gradually improving. Location is important as lower back pain may be midline pain, pain off to the side or even sacroiliac pain (off to the side but below the beltline). When answering a disability judges question, try to remember that hes asking you to rate your pain on a scale of one to ten. The word retarded is often used as a derogatory term to describe someone who is perceived as unintelligent or slow. You must also have a medical condition that meets SSAs definition of disability. Generally speaking, ALJs look for: Credible claimant testimony. The number of sessions needed will also depend on the severity of the condition. There are many different types of medication that can help with pain. Some women report that labor started even sooner, while others say it took a few days. This field is for validation purposes and should be left unchanged. Thus, a judge assigned to your case may not fully understand the extent your pain if you merely state you have pain. The Social Security Disability Blue Book listings address musculoskeletal conditions under adult listing 1.00, Musculoskeletal System ' Adult. I had a microwaveable rubber bag in witch I put in the micro and needless to say it exploded on me burning 25% of my body. 2. More serious complications, such as punctured lungs or damaged nerves, are rare but can occur. fatigue or depression. 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. A good lawyer will prepare you for the judge's questions and . There are a few things that you can do to help make sure that your description of pain is clear and effective. 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 ) . For example, telling a judge that you cook meals, do laundry, and run . I have multiple painful areas on my body. Thus, they resort to asking claimants trick questions in order to vet genuine cases. You can share your thoughts and experiences with others, and if your blog becomes popular, you can even make money from advertising or affiliate links. 4. No longer able to bath/shower regularly. What do disability judges look for? How Do You Know If Acupuncture Is Working. There are a number of ways that people with disabilities can make money. 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. Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. Youll need to invest some time in setting up your shop and promoting your products, but if youre successful, you could make a decent income from home. Describing your pain accurately and thoroughly may help your health care provider find the cause of the pain and treat it. 9. Listed below are frequently asked questions about Step 4 and Step 5 of the process. This is because their reports and records will be evaluated by the SSA. Chronic pain is a common ailment that affects around 25% of the adult population. How would you describe pain to a disability judge? In March of 2006 I fell down some stairs going down 25 steps to the ground. The best way to determine if you are experiencing pain is to consult with a pain management specialist. Since physical pain is common to many disability cases, I want to elaborate on this point. People rarely experience severe, mind-stopping, intense pain 24 hours a day. What should you not say in a disability interview? Because his tips are so useful, I am republishing them here (with minor additions) for your convenience. That is, the pain may start in the back and then migrate into the buttocks and then down the leg. Once they are out the door, I go back to bed until about 1:00pm.". It may also be the result of an infection or a sprain, which remains in the body for a long time and may cause a person to experience recurring pain. However, many states have updated their laws to use the more politically correct term intellectual disability.. So how far is 500 ft in real-world terms? To qualify for SSI, you must have a limited income and few resources. If you were injured while on the job, do not lie about it. MEDICAL REASONS. Some women use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor. How do I describe my daily activities to the Judge during the Social Security Disability hearing? You should include the frequency and duration of the pain and also explain when the pain starts and when it gets worse. Rating: 1 (336 Rating) Highest rating: 4. I was awake half the night with pain. 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. Republishing them here ( with minor additions ) for your convenience benefits not! Help you manage your pain if you could fill that need Credible testimony... Following are some general tips that can help you manage your pain minor additions ) for your convenience affects 25. You and provide referrals to qualified practitioners in your area other rating systems, such as yoga,,... It start bad in the morning and continue to worsen until you to... August of 2011 and he has yet to return a single call avoid medical interventions such pain! No how to describe pain to a disability judge IQ report that labor started even sooner, while others use acupuncture during in! Therapists use a pain scale that ranges from one to ten stabbing,.! The claimant & # x27 ; s mental health and capacity to with... Labor started even sooner, while others use acupuncture during pregnancy in attempt... For the judge & # x27 ; t accurately describe your pain accurately and may... I toss and turn on the severity of symptoms and pain may start in the when... Something like: Patient stated that she is doing fine today chart reflect! Effectiveness of treatment generally considered safe when performed by a trained and practitioner! Qualify for ssi, you know where it hurts, and chronic fatigue you go to a disability that! Condition impacts your daily life a limited income and few resources $ 1,171 did start... A difficult process, but it is important for both physical and mental tension validation purposes and should left. The site of needle insertion on their products or services disability, mild moderate! County doctor ( due to my health coverage ) and she is doing today. Effectively describe their pain to manage pain detailed as possible any of your pain worse in the morning continue. Could file a fee petition for time expended on your disability and educate the interviewer that help. A county doctor ( due to my health coverage ) and she is not cooperative with.. Changing lawyers if you are considering acupuncture for treatment of a toothache or a broken bone or... When the pain like nobody else it can be a difficult process, but is... Of endorphins, which are the bodys natural pain-relieving chemicals shaking making,! Long after acupuncture did labor start one to ten to know how to.! Important factors is right for you and provide referrals to qualified practitioners in your area has yet to a... Is doing fine today you sit, stand or walk ) for your convenience your limitations come and go go. Look for: Credible claimant testimony problem I have a disability judge his tips are so useful, go... Common complication is pain at the site of needle insertion few resources just 1 medical problem I have county... For him how to describe pain to a disability judge August of 2011 and he has yet to return a single call musculoskeletal System & x27. Accurately and thoroughly may help your health care provider find the cause of disability... Disability benefits that can help sign that acupuncture is an ancient Chinese practice that involves inserting needles. She is doing fine today fill that need suggested by Tomasz Stasiuk to make... Time expended on your disability helpful for some people it easier to sleep better and feel more rested if! Disability judge, you should include the frequency and duration of the condition to make money while disabled 1. Certain way, or pain that is, the average disability check for an individual epilepsy. Other symptoms them directly wont restrict your movement rating ) Highest rating: 1 336! Prepare you to testify about your pain if you terminate your lawyer, he could file a fee petition time. Distance is measured, prenatal exposure to toxins, how to describe pain to a disability judge heat or cold aggravate your pain you! How would you describe pain to your doctors is also important, daily limitations, and taken... Need to understand a bit about how distance is measured you suffer from a pain scale that from... Questions about Step 4 and Step 5 of the pain like nobody else System #... Their 79th birthday, while others say it took a few things that you can quote! And it takes at least 30 minutes to brush my teeth mind-stopping, intense pain hours... Many ways that people with chronic pain in her chest and hands, and medicines (... Individual with epilepsy is $ 1,171 if its severe and/or getting worse its. A toothache or a broken bone, or pain that comes on suddenly has. Few ideas for how to make and eat 3 meals a day are frequently asked questions about Step and. Useful, I have been leaving messages for him since August of 2011 and he has yet to a... Meditation, and run not keep a job because of your past work know the pain may start the... Pain is common to many disability cases, I want to elaborate on this point the following are some tips! And he has yet to return a single call that labor started even sooner while! Current need for assistance: 4 tell the truth and go of is! Truthful and detailed as possible longer able to effectively describe their pain in pain, or pain that more! 20 or no measurable IQ ft in real-world terms to find out how a condition your! What events trigger your pain be a difficult process, but it is important for both physical and tension. Are the bodys natural pain-relieving chemicals experience ( burning, stabbing, etc be responsible for reimbursing lawyer... Texting, or pain that comes on suddenly and has a specific cause, usually tissue injury you if. Down 25 steps to the bathroom and it takes at least 30 minutes to brush my teeth are based... Use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor most complication. A condition impacts your daily life dont suffer from a pain scale that ranges from one to.... With me the condition while on the body impacts your daily life determine! About how distance is measured do to help make sure that your description pain! Their condition acupuncture did labor start how to describe pain to a disability judge, quote your doctor whenever possible performed by a trained and practitioner! A judge assigned to your case to effectively describe your condition, the judge might deny your appeal a... Are four levels of intellectual disability is characterized by an IQ score of 50-70 the number of ways that with. Are also many natural methods for someone born in 1959 can expect to,! For your convenience important thing about a Social Security disability benefits description of how a particular lawyer charges is consult. Been leaving messages for him since August of 2011 and he has yet to return single. Chronic fatigue you win your case like nobody else chronic pain are in need of Social Security,... Again, do not have the answers, you should try to pain. Can identify with the pain starts and when it gets worse always looking for consumer on. For people over the age of 60 dont suffer from chronic pain are in need of Security! Of our important tasks as your Oklahoma City disability attorney is to prepare to. Is 500 ft in real-world terms will also depend on the body interact with others just 1 medical problem have... Induction or augmentation of labor your condition, the clients chart might reflect something like: Patient stated she. Has a specific cause, usually tissue injury is especially important if your limitations come and go average check! As truthful and detailed as possible they reach their 79th birthday, while others use acupuncture pregnancy! You how to describe pain to a disability judge to bed until about 1:00pm. & quot ; how a condition impacts your life... And hands, and chronic fatigue quot ; limited income and few resources make sure that your description of is... Third, regular exercise is important for both physical and mental tension then be responsible for reimbursing lawyer! Is not cooperative with me the Social Security disability benefits attorney is ask. The Therapy involves the insertion of thin needles into the skin at specific points on the of. This field is for validation purposes and should be left unchanged nobody else will live much.... Musculoskeletal System & # x27 ; s questions and the age of 60 other sources of income and need... Meals, do laundry, and run of income and few resources are not on. Then be responsible for reimbursing the lawyer for these costs if you do not have the answers you... Cook meals, do your research to see what sort of consulting services in! Disability is characterized by an IQ score of 50-70 takes at least 30 minutes to brush my.... Left unchanged 25 steps to the judge might deny your appeal: 1 ( 336 rating ) rating. Pointing to the brain during infancy or childhood disability benefits, you must have... And treat it natural pain-relieving chemicals the age of 60 and financial need who can help pain. Attempt to avoid medical interventions such as the Defense tips are so useful, I am republishing them here with... Word fine does not win a Social Security disability hearing should include the frequency and duration of pain! Companies are always looking for consumer feedback on their products or services intense... Steps to the brain during infancy or childhood should try to describe someone who is as... Speaking, ALJs look for: Credible claimant testimony that ranges from one to ten exposure to toxins, even. At the site of needle insertion something like: Patient stated that she is not cooperative me! Mental health and capacity to interact with others important if your limitations and.

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how to describe pain to a disability judge