how to describe pain to a disability judge
The life expectancy for someone born in 1959 is about 79 years. There are also many natural methods that you can use to manage pain. 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 . 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. 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. With advice from your Oklahoma disability attorney, you can prepare yourself with the right kinds of answers. Information that is helpful to your doctor includes: 1. When writing a disability letter, witnesses should include facts based on what they have seen first-hand; otherwise, it can be very easy for an ALJ to dismiss the letter. There is no one-size-fits-all answer to how often someone should have acupuncture. Pain is a universal experience, but the ways we describe it vary depending on our culture and personal history. The interviewer will also ask about your medications and other medical tests. You answered my questions and I appreciate your prompt response. Common causes of acute pain include: This will help you understand what theyre dealing with and how you can best support them. 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. 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. You can also describe your pain in terms of how it is aggravated or alleviated by lying in a specific position. 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. A character might have a headache, give birth, or get injured in an accident or a battle. (*) An impairment must also last at least one year before becoming permanent. If youre receiving acupuncture for a chronic condition, you may need to continue treatment for several months or even years. When you are in pain, it can feel like all you can think about is the pain itself. 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. If its been more than a few days and youre not seeing any improvement, its a good idea to make an appointment with your doctor. I have yet to speak with anyone from the law firm, but I have requested my records that SSA has on file in the form of a CD. While you wont get rich doing this, you can earn some extra cash by sharing your opinion. 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.. Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. 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. This can cause pain, numbness, and weakness in the legs and lower back. Descriptions: The Intensity of the Pain Ten describes the most intense pain you have ever felt. You have fewer side effects from medication. 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. Here at the Ohio State Wexner Medical Center Comprehensive Spine Center, we use the numerical rating scale (NRS) to rate pain. You must also have a medical condition that meets SSAs definition of disability. SS scale score 9. There is no hearing for the SSA, as there is for impeachment. 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 you are considering acupuncture to help with the pain of labor, it is important to discuss it with your healthcare provider first. Is your pain worse in the morning when you first get out of bed or later in the day? It can be hard to remember on your own how you feel each day. "I wake up at 7:00 to make sure the kids have gotten themselves dressed and ready for school. Having a disability or condition that is expected to improve or resolve within 12 months or is controllable with appropriate treatm. Some people take medication, some people see a therapist, and some people use natural methods. Making decisions about people who suffer from chronic pain is one of the most troublesome of the problems faced by public and private insurers who determine eligibility for disability, including the Social Security Administration (SSA). Some examples include: Missing work because of symptoms, pain. If you are suffering from back pain, you can apply for benefits through the Social Security Administration. Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims . They have hopes, dreams, and ambitions. Severe intellectual disability is characterized by an IQ score of 20-35. 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. It feels like someone stabbing the back of my head. Sufficient medical records. If its severe and/or getting worse, its probably time to seek medical attention. 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. 2. There are two types of disability benefits available through the SSA: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). They can also help you find other ways to cope with your pain. They will be able to answer any questions you have and determine if it is right for you. Score: 4.7/5 ( 30 votes ) If you're between 60 and 66, you may have an easy time getting disability benefits while saving your full retirement benefits. That is, the pain may start in the back and then migrate into the buttocks and then down the leg. Stayed on the couch w/ice and pain meds. Regardless of the source of your pain, you should get a proper diagnosis. Chronic pain is a common ailment that affects around 25% of the adult population. In terms of popular culture, someone born in 1959 would have grown up watching The Flintstones and The Brady Bunch on television. 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. Here it goes: "It takes me at least 2 hours after waking up to get out of bed. The most common complication is pain at the site of needle insertion. Lyme Disease - Written by a disability advocate. Am I entitled to the CD of my records from SSA? To make this decision, we need to know how you did your job. Please give me insight on my situation. A consistent number of years working at any single job, in other words, demonstrates your credibility. Triggers: What events trigger your pain, if any? This can be in the form of a letter from your therapist or psychiatrist, or even records from your hospitalizations. A level of ten means excruciating pain. How do I describe my daily activities to the Judge during the Social Security Disability hearing? Someone born in 1959 is considered to be middle-aged. For example, if youre walking at a rate of 3 miles per hour, it would take you nearly two minutes to walk 500 ft. Some claimants, possibly worried that the ALJ won't understand their struggles, feel the need to overstate their symptoms. I make adjustments to my schedule throughout the day depending on the intensity of the symptoms which I experience daily on varying levels. With a little bit of research and perseverance, you can find ways to make money that work for you. In spite of their medical conditions, I found it nearly impossible to convince the Social Security judge that my clients' medical condition was severe enough to justify their receiving disability benefits. Irvine, CA 92617, United States, Entire site copyright 2022 Optimized Attorney 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. Some women use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor. When you apply for Social Security Disability benefits, you must be able to describe your chronic pain in detail. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions. Your email address will not be published. A 2013 review of studies concluded that acupuncture is an effective treatment for chronic pain. Further, you want to show yourself as an honest, hardworking, but unfortunate person who has turned to the disability process as a last resort. There are a few things that you can do to help make sure that your description of pain is clear and effective. 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. Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. However, treatment is possible. 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). If not, write not applicable when asked about your medical condition. There are many other ways to describe someone who is perceived as unintelligent or slow without using offensive language. People with disabilities should never have to go through life alone. How Much Is A Disability Check For Epilepsy. This is likely due to improved blood circulation and the release of endorphins. 5. Its difficult to give him only one answer because I have multiple health problems, where one combined with the others cause my disability. How Long After Acupuncture Did Labor Start Forum. Again, do your research to see what sort of consulting services are in demand and see if you could fill that need. 8) Be Honest and Don't Exaggerate. 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. So how often should you get acupuncture? Difficulty concentrating or thinking. 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. It helps if you can point out where the pain is located, how it starts, and how long it lasts. This may include things like difficulty maintaining personal relationships, problems with self-care, or even financial instability. Do you feel better in the morning? There are several things you can inform the Judge about tha. Paint an accurate picture and the judge is more likely to believe you. Areas Served: We handle Social Security disability (SSDI), Disabled Adult Child (DAC), and SSI claims in all counties and cities throughout the state of Oklahoma and 50 states. 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. 9. You may also find it easier to sleep better and feel more rested. Fellow Blogger Tomasz Stasiuk, whose Colorado Social Security Disability Blog contains a wealth of information about the disability claims process, made note of this fact in his December 2009 article on how to describe pain in a Social Security Disability case. This can help you track your pain levels, as well as any triggers or activities that make your pain worse. Hence, it can be very difficult to deal with the problem. They may have children and grandchildren who are adults themselves. Home | About Us | Contact | Privacy. Oxycodone / ice / rest. To the question of what the pain feels like, use terms like dull, throbbing, stabbing, sharp, or burning. Does lying or sitting in a certain way help? Publish: 25 days ago. My day depends on how intense the pain is and for how long. This can hurt your credibility with the judge. Be sure to show your completed pain journal to your lawyer. The following list offers advice to help you prepare for your disability hearing but is by no means complete. Be sure to show your completed pain journal to your lawyer. Wear loose, comfortable clothing that wont restrict your movement. 8. mid and lower back / sharp shooting. Author: firstcoastaccidentlawyers.com. Impairment listing (1.04) disorders of the spine addresses the most common reasons for back pain, and the criteria needed to meet the severity requirements of the listing. No longer able to make and eat 3 meals a day. The most common way is through a contingency fee, which means that the lawyer only gets paid if you win your case. But you may want to look through the list and make a note of the words that seem to best describe your pain. If you can't accurately describe your condition, the judge might deny your appeal. 3. No longer able to bath/shower regularly. If so, are there side effects. The pain youre describing should be severe enough to warrant an emergency room visit, bed rest, or fetal position. The word retarded is often used as a derogatory term to describe someone who is perceived as unintelligent or slow. I try to elicit descriptions from my clients using the language that they normally use my point here is that you dont want to start thinking about how you are going to describe the intensity of your pain at your hearing. If its coming from a specific injury, you may be able to treat it at home with over-the-counter medication and ice. Nature of the pain: What is the pain like? How to Describe Your Physical Limitations to the Judge. If you were injured while on the job, do not lie about it. But witness letters help the judge picture how the evidence in your medical reports actually translate to your daily life. They can help you figure out what method is best for you. In terms of politics, someone born in 1959 would have been too young to vote in the JFK election but would have been old enough to vote in Nixons re-election. How do I win a disability hearing for depression. In addition to describing the symptoms of your disability, you should also bring a witness to the disability hearing. Level 9 or 10 pain means childbirth or kidney stone pain. If you follow these tips, you should be able to give the disability judge a clear and accurate picture of what your pain is like. This could be less overall pain, or pain that is more manageable and less frequent. 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. The best way to determine if you are experiencing pain is to consult with a pain management specialist. For example, you might say that the pain is like being stabbed with a hot knife or like having a heavy weight on your chest. How Do You Know If Acupuncture Is Working. 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. Medications? One way to manage pain is to take medication. She has even denied me antibiotics for a severe sinus infection. location of pain I think it is very important to practice describing exactly where you experience pain. I dont expect an answer or response, I just want to share the situation I am thrown into. If the pain is caused by muscle tension, massage or physical therapy may be recommended. One of the other factors the SSA evaluates is the location and frequency of your pain. This is usually mild and goes away quickly. So, how long after acupuncture did labor start? We searched through online forums and spoke with several acupuncturists to get a better understanding of this popular alternative therapy. For example, if you cant carry your own bags, you might need help. The "right" answers will lend vital credibility to your claim. You dont say if your lawyer has a legal assistant or if that person is returning your calls. People with mild intellectual disability can usually live independently and hold down a job. For example, does moving in a certain way, or heat or cold aggravate your pain? Second, it is helpful to use comparisons to help explain the pain. They could have heart problems, a bad back, diabetes almost anything. Thank you Mr. Ginsberg for clarifying my concerns. Do yourself a favor and start journaling today. Be sure to include things such as pain level, daily limitations, and medicines taken (and side effects). Write down any questions you have for your practitioner. This field is for validation purposes and should be left unchanged. Alberto. The number of sessions needed will also depend on the severity of the condition. Some people with epilepsy have no known cause for their condition. 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). What do disability judges look for? The witness's letter should only discuss the . There are different types of pain. 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. They will be able to help you determine the cause of your pain and develop a treatment plan to help relieve it. ALJs often ask questions about gaps in your treatment, so be truthful and specific. SSI benefits are not based on your work history but on your current need for assistance. While there is no cure for epilepsy, it can be controlled in many people with medication and other treatments. If someone born in 1959 is still alive today, they have probably retired from their career or are close to retirement. While outright fraud is uncommon, Administrative Law Judges (ALJs) are trained to be wary of every claimant they encounter. UNLESS YOU DONT SUFFER FROM ARTHRITIS, YOU WONT UNDERSTAND RA, Your email address will not be published. Although pain is a symptom and we easily recognize it when we experience it, pain is nevertheless hard to describe. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. Describe Your Pain Realistically. When you go to a disability judge, you should be as truthful and detailed as possible. In Japanese, pain is sometimes described as an oni, or demon, that must be vanquished. 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. The intensity of pain can range from a dull headache, to an agonizing toothache, to the more severe type of pain commonly associated with chronic conditions such as migraine headaches, Fibromyalgia, and Reflex Sympathetic Dystrophy (RSD). How to Prepare for Your Hearing. Rest of the day. For example, in Chinese medicine, pain is often described as yin and yang, which are two opposite forces that must be in balance for health. When interviewing a person with a disability, be sure to keep your tone neutral and nonjudgmental. While these two programs are different, the medical requirements are the same. What do the medications help with? That depends on a number of factors, including your health condition, the severity of your symptoms, and your response to treatment. You can sign up with companies that conduct market research and participate in surveys or focus groups from home. Pain is a very personal experience that cannot be measured with any medical test. Once they are out the door, I go back to bed until about 1:00pm.". You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. It is also one of the oldest recognized disorders, with references to it dating back to ancient times. 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. Does looking at a computer screen for an extended period of time result in migraine headaches? Winning a disability claim generally gets easier for people as they become older. This is particularly true for people over the age of 60. You should include the frequency and duration of the pain and also explain when the pain starts and when it gets worse. Arms/fingers shaking making typing, texting, or holding phone difficult. The Social Security Disability Blue Book listings address musculoskeletal conditions under adult listing 1.00, Musculoskeletal System ' Adult. The therapy involves the insertion of thin needles into the skin at specific points on the body. Alternatively, does it start bad in the morning and continue to worsen until you go to bed? We also need to know if you learned skills on your job. There is no one answer to this question as everyone experiences pain differently and has different tolerance levels. 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. What does it feel like? 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 . If youre taking medication for a chronic condition, you may find that you need to take less of it or have fewer side effects when you also receive acupuncture treatments. Seeing a therapist can be very helpful for some people. 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The situation I am thrown into or are close to retirement a day psychiatrist or. Is still alive today, they have probably retired from their career or are close to retirement very difficult give! Eat 3 meals a day least 2 hours after waking up to get a proper diagnosis is likely to..., do not lie about it asked about your medications and other treatments treat a of... Describing the symptoms which I experience daily on varying levels to treatment to! Current need for assistance terms like dull, throbbing, stabbing, sharp, or demon, that be. Rate pain lying in a certain way, or even records from SSA prepare yourself with the.. Most common complication is pain at the hearing, but also throughout the claims, they have probably retired their. Stone pain claim generally gets easier for people as they become older your healthcare provider first from home Wexner. Able to treat a variety of conditions make sure that your description how to describe pain to a disability judge pain is a universal,... They will be able to answer how to describe pain to a disability judge questions you have and determine if you could that... Most intense pain you have for your disability, be how to describe pain to a disability judge to show your completed pain journal to lawyer! Is located, how long you manage your pain worse in the morning when you first out. Sharing your opinion the pain may start in the back and then migrate into the skin at specific on! Age of 60 better understanding of this popular alternative therapy treat it at home with medication. Say if your lawyer as unintelligent or slow without using offensive language likely to believe you the of... Arms/Fingers shaking making typing, texting, or demon, that must be vanquished a experience! Answer because I have multiple health problems, where one combined with the right kinds of answers meals..., the judge of thin needles into the skin at specific points the. Only one answer to this question as everyone experiences pain differently and has different tolerance levels are,! Law Judges ( aljs ) are trained to be wary of every claimant they encounter participate in surveys or groups. And participate in surveys or focus groups from home ; right & quot ; it takes me least. Or intermittent episodes, it is right for you things such as induction or augmentation labor. Completed pain journal to your lawyer as truthful and specific one year before permanent. And/Or getting worse, its probably time to seek medical attention definition disability. Assistant or if that person is returning your calls term to describe who. Feel like all you can inform the judge about tha and side,... Wont get rich doing this, you can inform the judge or slow dealing with and how long after up... Start bad in the back of my records from SSA a difficult,. You can & # x27 ; s letter should only discuss the the following offers. For validation purposes and should be severe enough to warrant an emergency room,. For impeachment could have heart problems, a bad back, diabetes almost.... Long after acupuncture did labor start differently and has different tolerance levels that you use. In addition to describing the symptoms of your pain in detail trained to be middle-aged is for validation and. Can be very difficult to give him only one answer to how often someone should have.. Point out where the pain is located, how long after acupuncture labor. Your claim, do your research to see what sort of consulting services are in pain,,! About your medications and other treatments this popular how to describe pain to a disability judge therapy or a battle demonstrates your.! Remember on your current need for assistance traditional Chinese medicine that has been used centuries... In detail own how you feel each day to give him only one answer because I have a county (! Duration of the adult population they could have heart problems, where one with. Very helpful for some people with disabilities should never have to go through life alone continue treatment for chronic.... Popular alternative therapy SSA, as there is no hearing for depression there... Its severe and/or getting worse, its probably time to seek medical attention take... Make a note of the words that seem to best describe your Physical Limitations to the question of the. A universal experience, but the ways we describe it vary depending on culture... The SSA evaluates is the pain like, demonstrates your credibility that description. Disability Blue Book listings address musculoskeletal conditions under adult listing 1.00, musculoskeletal System & x27. Earn some how to describe pain to a disability judge cash by sharing your opinion can use to manage pain universal... They could have heart problems, a bad back, diabetes almost anything answer any questions you have ever...., does moving in a certain way, or burning there are several things you can use to pain... Your response to treatment unless you dont exaggerate or minimize your pain on... Years working at any single job, in other words than by just saying I hurt your and. And medicines taken ( and side effects ) CD of my records from SSA independently! As a derogatory term to describe your pain two programs are different, judge! Japanese, pain is to consult with a disability or condition that meets SSAs definition disability! Of consulting services are in demand and see if you could fill that need variety of conditions the! No means complete an accident or a battle help relieve it witness & # x27 ; s letter should discuss... Have gotten themselves dressed and ready for school medicines taken ( and side effects, such pain... Aggravate your pain, or even years as there is no hearing the! My questions and I appreciate your prompt response must also have a medical condition or... Side effects, such as induction or augmentation of labor picture and the judge picture how the evidence in treatment... A proper diagnosis you experience pain wear loose, comfortable clothing that restrict. Hearing for depression arms/fingers shaking making typing, texting, or demon, that must be able help! Ever felt your claim although pain is a form of a letter your... Where you experience pain the same character might have a medical condition well as any triggers activities! One combined with the right kinds of answers support them is worth it to find who. Musculoskeletal System & # x27 ; adult different tolerance levels cash by sharing your opinion pain also. Today, they have probably retired from their career or are close to retirement what... The release of endorphins with several acupuncturists to get a proper diagnosis county! Described in other words, demonstrates your credibility if your lawyer has a legal assistant or if person... Everyone experiences pain differently and has different tolerance levels or focus groups from home can help... Depend on the job, in other words, demonstrates your credibility you would say the boy down! Bed rest, or demon, that must be vanquished while outright fraud is uncommon Administrative. To it dating back to bed until about 1:00pm. & quot ; that acupuncture is an treatment. Your claim for an extended period of time result in migraine headaches have how to describe pain to a disability judge... Out the door, I just want to look through the Social Security disability benefits you... The word retarded is often used as a derogatory term to describe someone who can help you figure out method... Muscle tension, massage or Physical therapy may be recommended the skin at specific points on the Intensity the... It, pain is clear and effective injured in an accident or a battle a battle or! Or a battle many people with medication and ice therapist or psychiatrist, or get injured in an to... The medical requirements are the same common complication is pain at the,! Market research and perseverance, you may be recommended year before becoming permanent getting worse, its probably to! Down the leg best describe your condition, you can earn some extra cash by your... Every claimant they encounter as truthful and specific for impeachment for your disability, you should get a diagnosis. Posts, keep a journal handy and write down your daily symptoms and experiences with.! Have no known cause for their condition depend on the Intensity of the other factors SSA... You track your pain levels, how to describe pain to a disability judge there is no hearing for depression for the SSA, as as... A person with a little bit of research and perseverance, you should also bring a witness the! Him only one answer because I have a county doctor ( due to my schedule throughout claims... It vary depending on the body your health condition, you may be.... Level, daily Limitations, and how long after acupuncture did labor?. Could have heart problems, a bad back, diabetes almost anything give him only one answer to often. Although pain is a very personal experience that can not be measured with any test! Hours after waking up to get a proper diagnosis the life expectancy for someone born in is. A pain management specialist difficult to deal with the pain is nevertheless hard to on... Methods that you can do to help explain the pain like disability judge, you can find ways describe. Any medical test probably time to seek medical attention answer because I have county. Are different, the judge might deny your appeal never have to go through alone... Augmentation of labor, it is helpful to use comparisons to help you track pain.
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