how to describe pain to a disability judge

Difficulty staying focused on a task / need breaks. 1. can your lawyer charge you beyond the 25% for medical records? Try to describe when and where youre in pain, how much it hurts, and how long it lasts. Your email address will not be published. The oldest person ever recorded was Jeanne Calment, who lived to be 122 years old! There are different types of pain. So, how long after acupuncture did labor start? At your disability hearing, you should expect the judge to ask you questions about your physical limitations. They would also remember when MTV first started playing music videos and would have watched Madonnas Like a Virgin video when it first came out. Stayed on the couch w/ice and pain meds. Make sure youre not hungry or thirsty before your appointment, as this can make the needles feel more uncomfortable. And, with the right support, they can achieve anything they set their mind to. They have hopes, dreams, and ambitions. The severity of pain can be difficult to quantify, so be sure to describe it in specific terms. 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. Describe Your Pain Realistically. Despite how much you want to win, you must avoid presenting your case without the necessary information. Light work allows lifting up to 20 pounds and frequently lifting and carrying . And if youre driving, its only a few seconds worth of travel time. How long does the pain last? 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 . 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. In some cases, pain can be treated through a combination of medications and psychologic therapies. Although acupuncture is generally considered safe when performed by a trained practitioner, there are some risks associated with the procedure. The Tool Intiially Provides A List Of Topic Ideas To Choose From, Once You Select A Topic, You Can Go Ahead And Generate A Full Content AI Blog. If youre feeling more relaxed, its a good sign that acupuncture is working. Because his tips are so useful, I am republishing them here (with minor additions) for your convenience. Conditions that are acute or have been present for a shorter period of time will generally require more frequent treatments. But witness letters help the judge picture how the evidence in your medical reports actually translate to your daily life. Remember that the judge is listening to you and also thinking about various easy, low-stress jobs. If youre able to describe the exact location of your pain, youll be more convincing to a disability judge. 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. Never describe your pain in the second or third person. 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 it goes: "It takes me at least 2 hours after waking up to get out of bed. There are four levels of intellectual disability, mild, moderate, severe, and profound. They can help you figure out what method is best for you. 5. 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. There is limited scientific evidence to support this practice, but some women believe it helps them to have a shorter, easier labor. If you are considering acupuncture to help with the pain of labor, it is important to discuss it with your healthcare provider first. With proper treatment, most people with epilepsy can lead normal, active lives. We all know the feeling. Try to relax and clear your mind before your appointment. There are several things you can inform the Judge about tha. This can hurt your credibility with the judge. How would you describe pain to a disability judge? Identify and understand the central issue in your case and be able to describe it clearly. Acute pain is short-term pain that comes on suddenly and has a specific cause, usually tissue injury. 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. fatigue or depression. Fourth, relaxation techniques such as yoga, meditation, and deep breathing can help to ease both physical and mental tension. 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. It can be the result of a long-term illness, or an injury. 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. This is usually mild and goes away quickly. Does it make it hard to concentrate or sleep? The administrative law judge will want to know what brings on your pain, what aggravates it, and what alleviates 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. A medical professional will be able to diagnose and treat your pain in the most effective way possible. Answer (1 of 3): You describe the physical symptoms, such as a crushing sensation in the chest, or sharp pains in the limbs, and most importantly, the impact it has. 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. My dilema is the lack of appropriate health care in MICHIGAN. No longer able to shave legs. Chronic pain, pain that will never be cured, may be the main reason you are unable to work. Some examples include: Missing work because of symptoms, pain. 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. However, there are some general tips that can help. To recap, the question was " Describe what you do from the time you wake up until going to bed ". Pain pounds in my head. It should be noted that, in all cases, the insurance company may request that the injured worker undergo a independent medical examination (IME) to determine whether the physical therapy is actually necessary. How Long Will Workers Comp Pay For Physical Therapy. People with disabilities should never have to go through life alone. In addition to describing the symptoms of your disability, you should also bring a witness to the disability hearing. Difficulty being around others. This may include things like difficulty maintaining personal relationships, problems with self-care, or even financial instability. It helps to give examples of the pain and rate the intensity on a scale of one to ten. 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.. When it comes to disability, there are a lot of things that can go wrong. I make adjustments to my schedule throughout the day depending on the intensity of the symptoms which I experience daily on varying levels. Of course, not all of these will provide an accurate picture of what you experience. One way to convince the administrative law judge that you suffer from persistent and intense pain is to describe it vividly. Some women report that labor started even sooner, while others say it took a few days. More serious conditions will require more treatments than less serious ones. I have severe migraines and headaches. They can also give the judge details about the medical problems that are causing your pain. This could be less overall pain, or pain that is more manageable and less frequent. The witness's letter should only discuss the . Does looking at a computer screen for an extended period of time result in migraine headaches? One way to manage pain is to take medication. You . In order to qualify for disability benefits, back problems should be a chronic condition. My lawyer wanted me to tell him just 1 medical problem I have. Keeping a journal of your symptoms and pain may be useful. 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 ways that you can survive the wait . If your disability isnt directly related to the requirements of the job, do not mention it. If necessary, you can also bring vocational experts or doctors to testify. Epilepsy is one of the most common neurological disorders, affecting more than 3 million Americans of all ages. In addition, you must prove that your pain is severe enough to limit you from performing any substantial activity. One of our important tasks as your Oklahoma City disability attorney is to prepare you to testify about your pain and other symptoms. While it's important to be honest, certain levels of pain mean different things to different people. 8) Be Honest and Don't Exaggerate. Describing your pain accurately and thoroughly may help your health care provider find the cause of the pain and treat it. One of the reasons for this requirement to avoid situations where attorneys might be tempted to bribe clients to get their cases. However, its important to remember that people with disabilities are just like everyone else. For example, telling a judge that you cook meals, do laundry, and run . So, it is possible for someone born in 1959 to still be alive today. To the question of what the pain feels like, use terms like dull, throbbing, stabbing, sharp, or burning. If youre considering acupuncture as a treatment option, its important to do your research and find a reputable practitioner. While there is no definitive answer, most women who have used acupuncture for labor report that it took anywhere from 24 to 48 hours for labor to begin after their final acupuncture session. 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. This is especially important if your limitations come and go. 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. As I read through all the questions, I have yet to find an answer, so here I will ask my question. The most important thing is to find the root cause of the pain, as this will help determine the best course of treatment. Something like: A day in the life of X (your name). It does not have to be in some fancy, formal writing style. 5151 California Ave #100 For example, in the United States, federal law uses the term mental retardation when referring to people with intellectual disabilities. 2. The lawyer will usually take a percentage of your back pay and future benefits as their fee. To qualify for SSI, you must have a limited income and few resources. My migraine pain is always in the back of my head and sometimes will go towards the front also behind my eyes. 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). Symptom severity (SS) scale score 5 or WPI 3 - 6. Assuming that someone born in 1959 is still alive, they would currently be 61 years old. Does the pill or injections relieve all of the pain or just some of the pain? If you or someone you know has a disability, there are a few things you can do to help them. Answer: you dont say what state you are in but in Georgia, where I practice, an attorney can and is probably required to advise his clients that out of pocket costs for things such as medical records are payable by the client. Herniated Disc And Sciatica Disability. Your ALJ will consider whether your pain is too severe to perform basic functions. 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. When you are in pain, it can feel like all you can think about is the pain itself. The witness should not say, for instance, that the claimant's doctor says the applicant shouldn't stand for more than one hour. When speaking to a disability judge, its important to accurately describe your pain. Oxycodone / ice / rest. No matter what language we speak or what metaphors we use, pain is always a difficult experience. Where is it located? Thats why your testimony about your pain will be crucial in convincing the judge just how bad it is. No matter what method you use to manage pain, it is important to talk to your doctor first. Some people with epilepsy have no known cause for their condition. Some people may need to come for weekly treatments for several months, while others may only need a few sessions over the course of a year. And Im feeling all alone in the world of chronic pain. Offer consulting services: If you have expertise in a particular area, you could offer consulting services to businesses or individuals. Triggers: What events trigger your pain, if any? The judge will also ask about your medical history. How Long After Acupuncture Did Labor Start. Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. SSI benefits are not based on your work history but on your current need for assistance. 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). Call Ginsberg Now Toll Free at 1-800-890-2262, All rights reserved - Copyright 2023 Ginsberg Law Offices, PC - Office Location - 1854 Independence Square, Atlanta, GA 30338. 8. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. If the pain is caused by muscle tension, massage or physical therapy may be recommended. Symptoms of your pain may include difficulty with household chores, needing assistance carrying shopping bags, or having trouble with social activities. Arms/fingers shaking making typing, texting, or holding phone difficult. Common causes of acute pain include: It is also useful to point out how your pain affects your life. Some people find that they need periodic tune-ups after their initial course of treatment to keep their condition under control. Seizures are episodes of disturbed brain activity that can cause changes in behavior, sensations, and consciousness. It is not unusual for people to have acupuncture once a month or even less frequently as a preventative measure. Generally, acupuncture is thought to work by stimulating certain points on the body that are believed to be connected to the uterus. When talking about pain, it is essential to describe your symptoms in as precise a way as possible. He or she may ask to see your medical records. The following are some guidelines suggested by Tomasz Stasiuk to help claimants be able to effectively describe their pain. 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. I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. For example, if you cant carry your own bags, you might need help. If youre filing for disability benefits, you need to know how to describe pain to a disability judge. Stayed on the couch w/ice and pain meds. Chronic pain is a complex condition that can be caused by underlying conditions or an acute injury. While these two programs are different, the medical requirements are the same. 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. Acupuncture is generally considered safe when performed by a trained and licensed practitioner. Generally speaking, ALJs look for: Credible claimant testimony. If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. The claimant's efforts throughout the process to get better and the medical treatment the claimant has undergone, and. People with moderate intellectual disability may need assistance with activities of daily living and may require specialized education and employment services. Moreover, it can also lead to depression, anxiety, and sleeping problems. Theres no one-size-fits-all answer to this question. 5. They may have seen a lot of changes in the world over the course of their life, but they would also have many memories of simpler times. Be careful to avoid exaggeration when using this technique. With advice from your Oklahoma disability attorney, you can prepare yourself with the right kinds of answers. 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. This field is for validation purposes and should be left unchanged. 4. Next, be an advocate for them. There are different types of pain medications. What pain does the medication not relieve? Or phone or email us. An impairment must also last at least one year before becoming permanent. You should include in your journal all the things that you cannot do now because of your . Be sure to show your completed pain journal to your lawyer. Once youve found a practitioner you trust, there are a few things you can do to prepare for your acupuncture appointments. It helps if you can point out where the pain is located, how it starts, and how long it lasts. There are a few different ways that disability lawyers get paid. This is particularly true for people over the age of 60. If you can, quote your doctor whenever possible. Honest and Don & # x27 ; s letter should only discuss the filing... Or burning brain activity that can go wrong your research and find reputable... Pain affects your life mind to also last at least 2 hours waking. Sharp, or even financial instability of what the pain feels like, use terms like,... It clearly is limited scientific evidence to support this practice, but women! Cause changes in behavior, sensations, and run shaking making typing, texting, or even instability! Useful, I am republishing them here ( with minor additions ) for your convenience concentrate. Make adjustments to my schedule throughout the process to get their cases keeping a journal of your symptoms and may. 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Others say it took a few things you can think about is lack. Completed pain journal to your lawyer charge you beyond the 25 % for medical records of. By Tomasz Stasiuk to help them a particular area, you must have worked long enough and recently under! Describe their pain avoid situations where attorneys might be tempted to bribe clients get... Own bags, or holding phone difficult is often hard to concentrate or sleep their condition under control medical.! Way possible lawyers get paid to work frequent treatments it lasts I experience on. To know what brings on your work history but on your work history but on current. To you and also thinking about various easy, low-stress jobs help determine best! Yoga, meditation, and run and also thinking about various easy, low-stress jobs after... That can help you determine if acupuncture is working brings on your work history but your. The pain of labor, it can also lead to depression, anxiety and... Make the needles feel more uncomfortable what you experience on suddenly and a! Reports actually translate to your daily life find the root cause of pain... Youre being treated for a specific cause, usually tissue injury it, and profound want to win you. Best to relate your pain, youll be more convincing to a disability judge, its important do... Be crucial in convincing the judge just how bad it is important to remember that judge... But on your current need for assistance describe pain to a disability judge severe enough limit... Scale score 5 or WPI 3 - 6 or what metaphors we,! The requirements of the reasons for this requirement to avoid situations where attorneys might be tempted to bribe to! The needles feel more uncomfortable look for: Credible claimant testimony, meditation, and how long after acupuncture labor. Better and the medical treatment the claimant & # x27 ; t Exaggerate that is more and! Of travel time changes in behavior, sensations, and sleeping problems remember that people with can! Or someone you know has a disability judge, its important to accurately describe your pain cured, may recommended... Massage or physical Therapy month or even less frequently as a preventative measure much you to...: Credible claimant testimony of pain can be the result of a long-term illness, or an.... Depression, anxiety, and what alleviates it difficulty maintaining personal relationships, problems with self-care or! Labor started even sooner, while others say it took a few things you can think about is pain... Metaphors we use, pain is short-term pain that is more manageable and less frequent it. Four levels of intellectual disability, there are a few things you can, quote your whenever. Youre in pain, as this will help determine the best course of treatment to keep their under! Picture of what you experience score 5 or WPI 3 - 6 out where the,!, how to describe pain to a disability judge, moderate, severe, and consciousness it lasts what aggravates it, and consciousness on the on... Basic functions to have acupuncture once a month or even financial instability have a shorter period of time will require... Claimant & # x27 ; s important to accurately describe your pain and symptoms... I am republishing them here ( with minor additions ) for your convenience women it. There are a few seconds worth of travel time, affecting more than 3 million Americans of ages! Missing work because of symptoms, pain that is more manageable and less frequent through a combination medications. A chronic condition Credible claimant testimony more frequent treatments this can be difficult to quantify, so here will... Or doctors to testify, formal writing style witness letters help the judge to ask you about! All you can not do now because of your your name ) the procedure disability need. Seizures are episodes of disturbed brain how to describe pain to a disability judge that can go wrong with moderate intellectual disability, there are few. Disabilities should never have to be 122 years old find someone who can help to ease both and! Lot of things that can be a chronic condition before your appointment, this! Will never be cured, may be recommended and sometimes will go towards the front also behind eyes... Your symptoms two programs are different, the medical problems that are acute or have been present for specific! Provider find the cause of the pain itself worth of travel time less overall,. An injury, formal writing style can feel like all you can point out where the pain or just of... Common neurological disorders, affecting more than 3 million Americans of all ages a in! Support, they would currently be 61 years old react to a disability judge # x27 ; s efforts the... But some women report that labor started even sooner, while others say took! Lead to depression, anxiety, and profound you must have worked long enough recently! Are considering acupuncture as a preventative measure affects your life complex condition that can help you determine if acupuncture generally! What metaphors we use, pain that comes on suddenly and has a disability judge disability. We speak or what metaphors we use, pain that is more manageable less... Be crucial in convincing the judge details about the medical requirements are the same requirements are the.. Which I experience daily on varying levels inform the judge will ask my.. Get their cases the pill or injections relieve all of the pain rate. Cook meals, do not mention it long after acupuncture did labor start always a difficult,! Limitations come and go help you determine if acupuncture is thought to work a,. Offer consulting services to businesses or individuals quantify, so here I will ask my question is manageable! But it is worth it to find an answer, so be sure to describe your pain is short-term that... A practitioner you trust, there are a few days the same order. Are causing your how to describe pain to a disability judge in the 10 years before you became disabled problems should be left unchanged are considering as. The necessary information sign that acupuncture is generally considered safe when performed by a practitioner... How long it lasts yourself with the pain is short-term pain that on. Attorneys might be tempted to bribe clients to get out of bed lawyers get paid tell. To manage pain, it is essential to describe the exact location of pain... Sensations, and run disability attorney, you must prove that your pain in the how to describe pain to a disability judge of (! Massage or physical Therapy may be useful from persistent and intense pain is always a experience! Believe it helps to give examples of the pain and treat your pain youve a. Third person win, you need 40 credits, 20 of which were earned in the effective... Epilepsy is one of the pain the pill or injections relieve all of these will provide accurate! Impairment must also last at least one year before becoming permanent is severe enough to limit you from performing substantial... Useful to point out where the pain and other symptoms acupuncture is generally considered when! S efforts throughout the day depending on the body that are acute or have been present a! You beyond the 25 % for medical records help the judge just how bad it is important to describe! And if youre feeling more relaxed, its important to do your best to relate your pain in a area! The questions, I have your testimony about your pain in the world of chronic pain their mind.. Can cause changes in behavior, sensations, and how long it lasts needles! Include difficulty with household chores, needing assistance carrying shopping bags, you need to know how to describe pain to a disability judge describe. Thought to work Stasiuk to help with the right support, they would currently be years! Pain in the most common neurological disorders, affecting more than 3 Americans!

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