how to describe pain to a disability judge

I have multiple painful areas on my body. Acupuncture is an ancient Chinese practice that involves insertion of thin needles into specific points on the body. Is it a sharp pain or a dull ache? A level of ten means excruciating pain. Here is a list of 30 vivid words that can be used to describe pain. No longer able to stand for more than 10 minutes without symptoms. They can also help you find other ways to cope with your pain. Most injured workers in California are entitled to receive workers compensation benefits for the costs of medical treatment, including physical therapy. This means that someone born in 1959 can expect to live, on average, until around 2038. Most lawyers are happy to discuss their fees with potential clients. 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. To put this another way, if you lose your case, you are basically judgment proof and your lawyer would be foolish to throw good money after bad trying to collect a few hundred dollars, not to mention the bad publicity he could get for such an action. The severity of symptoms and the effectiveness of treatment options are important factors. Does the pill or injections relieve all of the pain or just some of the pain? Be careful to avoid exaggeration when using this technique. The following are some guidelines suggested by Tomasz Stasiuk to help claimants be able to effectively describe their pain. There are a number of ways that people with disabilities can make money. Sedentary work takes place mostly sitting down, but allows lifting up to 10 pounds, occasionally carrying objects (like files), and walking and/or standing up to two hours per day. MEDICAL REASONS. And, unfortunately, this can make life very difficult for those who have to deal with it. This simple scale asks patients to rate pain from 0 to 10, with 0 being no pain at all, and 10 being the worst pain possible. On a scale from one-to-ten, how does your pain rate? When pain reaches a level where it interferes with attention and concentration, that pain would impact your capacity to perform even a simple, entry-level job. You dont say if your lawyer has a legal assistant or if that person is returning your calls. The best way to find out how a particular lawyer charges is to ask them directly. Symptoms of your pain may include difficulty with household chores, needing assistance carrying shopping bags, or having trouble with social activities. There are also many natural methods that you can use to manage pain. You can use the 1-10 scale that doctors often employ, but that seems to be a bit of a dated approach. 2. An ALJ must understand these laws and ensure that the federal agency involved in an administrative hearing has followed legal policies and procedures. If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. You would have the right to contest that fee petition if you wanted to do so. 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. Some people with epilepsy have no known cause for their condition. Epilepsy is a neurological disorder that causes recurrent seizures. Do yourself a favor and start journaling today. If you suffer from chronic pain, you will probably have to testify about it at a Social Security disability hearing. Today, acupuncture is commonly used as a complementary therapy to help relieve pain, reduce stress and anxiety, and improve overall well-being. Does the pain affect your ability to interact with your children or spouse? No longer able to bath/shower regularly. This can be incredibly hard, as people with disabilities often have to face many challenges that others dont. If your disability isnt directly related to the requirements of the job, do not mention it. Other factors such as the babys position, the mothers general health, and her stress levels can also play a role. After that, you can gradually reduce the frequency of treatments as your condition improves. Once youve outlined your pain, you should include any other symptoms that are related to the pain. Although acupuncture is generally considered safe when performed by a trained practitioner, there are some risks associated with the procedure. Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. A good lawyer will prepare you for the judge's questions and . Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. So, how do you know if acupuncture is working? You have fewer side effects from medication. I have severe migraines and headaches. In fact, some adjudicators will often seize on something like this to justify denying a claim. Triggers: What events trigger your pain, if any? Acupuncture is a popular form of traditional Chinese medicine (TCM) that has been used for centuries to treat a variety of health conditions. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of ailments. This will help you understand what theyre dealing with and how you can best support them. 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. If someone born in 1959 is still alive today, they have probably retired from their career or are close to retirement. 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. The only way to survive while waiting for disability approval is to keep a steady stream of cash coming in. 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? First, it is important to be as specific as possible when describing the pain. Bottom line it seems that there is a communication problem between you and your lawyer and your expectations are not being met. Exaggerating Your Symptoms - You should not exaggerate your symptoms. How Do You Know If Acupuncture Is Working. 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 . I had to ask my rhuematologist for them, which he complied whole heartedly. Chronic pain, pain that will never be cured, may be the main reason you are unable to work. Instead, be honest and show how your pain interferes with daily activities. https://www.detroitdisability.com/describing-pain-symptoms-in-your-detroit-disability-claim/, https://www.socialsecuritydisabilitylawyer.us/blog/2012/02/social-security-disability-law-subjective-pain.html, https://www.socialsecurityinsider.com/2009/12/how-to-describe-pain-in-a-social-security-disability-case/, Taken together these rulings suggest that when considering allegations of pain, a Social Security judge must look for some objective condition or injury that can reasonably be expected to cause pain. 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. While some people with disabilities may have difficulty finding employment, there are a number of ways to make money from home or through other creative means. This field is for validation purposes and should be left unchanged. That might not seem like much, but it can make a big difference when youre trying to cover a lot of ground. If you are considering acupuncture to help with the pain of labor, it is important to discuss it with your healthcare provider first. As I read through all the questions, I have yet to find an answer, so here I will ask my question. I have been leaving messages for him since August of 2011 and he has yet to return a single call. 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.. The pain may radiate. To qualify for SSI, you must have a limited income and few resources. Or phone or email us. Notes jotted down are just fine. No longer able to shave legs. 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. For example, if your pain is in your right arm, say that the pain radiates from my shoulder to my elbow and to my wrist. You could be eligible for up to $3,345 per month In SSDI Benefits. Its difficult to give him only one answer because I have multiple health problems, where one combined with the others cause my disability. Pain is one of the most difficult things to describe, especially to someone who has never experienced it. There are a few things you can do to help figure out if your pain is manageable or if you need to seek medical help. As a result, many people with chronic pain are in need of Social Security Disability benefits. Considerations When Applying for Social Security Disability, Social Security Disability Process: The Five-Step Sequential Evaluation Process. It feels like someone stabbing the back of my head. In fact, it would be very unlikely for a judge to believe you if you claim that you experience level ten pain every single day. In March of 2006 I fell down some stairs going down 25 steps to the ground. Epilepsy can be caused by many different things, including head injury, stroke, brain tumors, and infections. For example, instead of saying the mentally retarded boy, you would say the boy with Down syndrome. Using people first language helps to reduce the stigma associated with intellectual disabilities and makes the person feel like they are more than just their diagnosis. There are a few different ways that disability lawyers get paid. For example: "I am usually awake by 4:00am, because I am hurting too much to sleep. The administrative law judge will want to know what brings on your pain, what aggravates it, and what alleviates it. Is your pain worse in the morning when you first get out of bed or later in the day? (*) Irvine, CA 92617, United States, Entire site copyright 2022 Optimized Attorney Although pain is a symptom and we easily recognize it when we experience it, pain is nevertheless hard to describe. Osteoarthritis is considered a severe medical condition; therefore it should be listed on an application for SSD or SSI disability.This condition would fall under the classification of musculoskeletal impairments. How far is 500 ft, really? 3. 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). Does lying or sitting in a certain way help? Epilepsy is one of the most common neurological disorders, affecting more than 3 million Americans of all ages. A pain management specialist can help you determine the source of your pain and the best course of treatment. A medical professional will be able to diagnose and treat your pain in the most effective way possible. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. If youre considering acupuncture as a treatment option, its important to do your research and find a reputable practitioner. 8. For example, they may have to deal with discrimination, lack of accessibility, and limited opportunities. Acupuncture is an ancient form of Chinese medicine that has been used for centuries to treat a variety of ailments. Fourth, relaxation techniques such as yoga, meditation, and deep breathing can help to ease both physical and mental tension. When you are waiting for your disability to be approved, you need to have a plan in place. Finally, it is important to reach out to friends and family for support. This could be anything from social media marketing advice to financial planning tips. Be candid about your strengths as well as about your limitations. There is limited scientific evidence to support this practice, but some women believe it helps them to have a shorter, easier labor. Participate in surveys or focus groups: Companies are always looking for consumer feedback on their products or services. In the United States, we often use metaphors to talk about pain, such as saying that someone is in pain or that their pain is killing them. Other common phrases include I hurt, Im in agony, and this hurts like hell.. answer this question by explaining why you cannot keep a job because of your disability. Try to describe when and where youre in pain, how much it hurts, and how long it lasts. Something like: A day in the life of X (your name). It does not have to be in some fancy, formal writing style. Some people take medication, some people see a therapist, and some people use natural methods. In the United States, distance is typically measured in miles or feet. I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. However, younger workers may qualify with fewer credits. The ACR has revised its Diagnostic Criteria for fibromyalgia, by removing "trigger points" from the new criteria, which now include: Widespread pain index (WPI) 7. The judge will also ask questions about the claimant's ability to perform basic activities of daily living, such as dressing, bathing, and eating. We need to find out about your past work to decide if you can still do it. The second thing to keep in mind is that you need to be able to show how your bipolar disorder has impacted your ability to work. It is also one of the oldest recognized disorders, with references to it dating back to ancient times. Again, pain must be described in other words than by just saying I hurt. As noted in earlier posts, keep a journal handy and write down your daily symptoms and experiences with pain. 2. We searched through online forums and spoke with several acupuncturists to get a better understanding of this popular alternative therapy. Arthritis, Heart Disease, Respiratory Illness, Cancer, Stroke, Nervous System Disorders, Diabetes, Immune System Disorders, and other conditions are the ten most common conditions that qualify for disability benefits. (*) Ive had chronic pain since and feel my Doctors are no longer listening to me. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. Wear loose, comfortable clothing that wont restrict your movement. The Social Security Administration (SSA) provides financial assistance to people with certain medical conditions that prevent them from working. For example, does moving in a certain way, or heat or cold aggravate your pain? Thus, they resort to asking claimants trick questions in order to vet genuine cases. It involves the insertion of thin needles into the body at specific points to help relieve pain or improve health. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. In addition to describing the symptoms of your disability, you should also bring a witness to the disability hearing. 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 ) . Here at the Ohio State Wexner Medical Center Comprehensive Spine Center, we use the numerical rating scale (NRS) to rate pain. Paint an accurate picture and the judge is more likely to believe you. We need this information to see if you can do any of your past work. How do I describe my daily activities to the Judge during the Social Security Disability hearing? Elsewhere, you might encounter other rating systems, such as the Defense . Thats why your testimony about your pain will be crucial in convincing the judge just how bad it is. 8. mid and lower back / sharp shooting. -Illness: Various illnesses can cause pain, from the flu to cancer. They could have heart problems, a bad back, diabetes almost anything. 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. There are many ways that you can manage pain. Thus, a judge assigned to your case may not fully understand the extent your pain if you merely state you have pain. 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. 3. I asked him how am I supposed to pay him if I have no money? There are different types of pain medications. Difficulty being around others. It can be difficult to prove to a disability judge that you suffer from chronic pain. Absence of another disorder that would otherwise explain the pain. To recap, the question was " Describe what you do from the time you wake up until going to bed ". As mentioned above, fellow blogger Tomasz Stasiuk has written on this topic as well and has offered some great tips on how to effectively describe pain in a disability case. If you can't accurately describe your condition, the judge might deny your appeal. 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. As a practical matter most attorneys are going to find it difficult to collect case costs from a client who does not voluntarily pay but the language should be in the fee agreement. This would include telling the judge what type of pain you experience (burning, stabbing, etc. Generally, chronic pain is characterized by a constant, long-lasting pain that interferes with a persons daily activities. This will help the ALJ understand your condition better. An ALJ can also research and analyze laws relating to the case to help them prepare for the hearing and make an informed decision. If so, are there side effects. How long does the pain last? Acupuncture can also help to reduce stress and anxiety levels. An individuals statements about the intensity and persistence of pain or other symptoms or about the effect the symptoms have on his or her ability to work may not be disregarded solely because they are not substantiated by objective medical evidence. When the judge asks a question, don't try to figure out why the judge is asking that particular question or whether your answer will help or hurt your case. They will be able to help you determine the cause of your pain and develop a treatment plan to help relieve it. If youre receiving acupuncture for a chronic condition, you may need to continue treatment for several months or even years. Lying down? 9. Difficulty staying focused on a task / need breaks. The wrong answers will severely damage your case. Alternatively, does it start bad in the morning and continue to worsen until you go to bed? Frequency and Duration: It is painful all the time or just some of the time? It is said to promote healing and wellness by balancing the bodys energy. There is a growing body of scientific evidence to support the use of acupuncture for pain relief. Describing your pain accurately and thoroughly may help your health care provider find the cause of the pain and treat it. She has even denied me antibiotics for a severe sinus infection. To qualify for SSDI, you must have worked long enough and recently enough under Social Security to earn enough credits. Generally, you need 40 credits, 20 of which were earned in the 10 years before you became disabled. 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. Level 9 or 10 pain means childbirth or kidney stone pain.