how to describe pain to a disability judge

In the United States, distance is typically measured in miles or feet. Does the pain burn? When you are waiting for your disability to be approved, you need to have a plan in place. Winning a disability claim generally gets easier for people as they become older. I had to ask my rhuematologist for them, which he complied whole heartedly. Epilepsy is one of the most common neurological disorders, affecting more than 3 million Americans of all ages. This stimulation is thought to help encourage labor to start. Acupuncture is a form of alternative medicine that has been used for centuries in Asia. Some people take medication, some people see a therapist, and some people use natural methods. And Im feeling all alone in the world of chronic pain. Common causes of acute pain include: Of course, this is just an average and not everyone will live to this age. The following are some guidelines suggested by Tomasz Stasiuk to help claimants be able to effectively describe their 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. Some people with epilepsy have no known cause for their condition. Does the pill or injections relieve all of the pain or just some of the pain? Acupuncture can help to reduce the frequency and severity of migraines, for example. 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. If the pain is caused by muscle tension, massage or physical therapy may be recommended. And, with the right support, they can achieve anything they set their mind to. They will be able to help you determine the cause of your pain and develop a treatment plan to help relieve it. Seeing a therapist can be very helpful for some people. To make this decision, we need to know how you did your job. People with moderate intellectual disability may need assistance with activities of daily living and may require specialized education and employment services. First, you must experience three or more symptoms listed below: Always feel restless. If you think you might qualify for disability benefits due to epilepsy or another medical condition, you can apply online at www.socialsecurity.gov/disabilityssi/. 5. 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.Since physical pain is common to many disability cases, I want to elaborate on this point. So how far is 500 ft in real-world terms? If you take medication for your pain, it is important to follow the directions on the bottle. fatigue or depression. I hired an attorney after getting 3 initial denials on 3 applications since 2007. Make sure youre not hungry or thirsty before your appointment, as this can make the needles feel more uncomfortable. Lying down? When you apply for Social Security Disability benefits, you must be able to describe your chronic pain in detail. This means that you worked long enough - and recently enough - and paid Social Security taxes on your earnings. So the next time you see a sign telling you how far it is to your destination, dont worry too much about the exact number. 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. There are different types of pain. How far is 500 ft, really? How Do You Know If Acupuncture Is Working. 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. Stayed on the couch w/ice and pain meds. -Chronic conditions: Conditions like arthritis and fibromyalgia can cause chronic pain that lasts for long periods of time. To recap, the question was " Describe what you do from the time you wake up until going to bed ". If we represent you, we will meet with you before your hearing to review your testimony. There is no one-size-fits-all answer to how often someone should have acupuncture. This can cause pain, numbness, and weakness in the legs and lower back. All individuals have experienced some degree of pain at some point throughout life. How to Describe Your Physical Limitations to the Judge. -Illness: Various illnesses can cause pain, from the flu to cancer. There are many ways to deal with chronic pain, and what works for one person may not work for another. This field is for validation purposes and should be left unchanged. Seizures are episodes of disturbed brain activity that can cause changes in behavior, sensations, and consciousness. Moreover, it can also lead to depression, anxiety, and sleeping problems. Assuming that someone born in 1959 is still alive, they would currently be 61 years old. There are ways that you can survive the wait . Attempting to explain medical details without the assistance of a lawyer is not the best idea. It is extremely important to be truthful and accurate about the following topics: your daily habits and your disability. Describe Your Pain Realistically. Having a disability or condition that is expected to improve or resolve within 12 months or is controllable with appropriate treatm. This may include things like difficulty maintaining personal relationships, problems with self-care, or even financial instability. Taking sheets off bed. Irvine, CA 92617, United States, Entire site copyright 2022 Optimized Attorney She has even denied me antibiotics for a severe sinus infection. A consistent number of years working at any single job, in other words, demonstrates your credibility. It may even lead to anxiety and depression. The most common complication is pain at the site of needle insertion. I toss and turn until about 5:00, then I get up and turn on the coffee pot.". Be sure to include things such as pain level, daily limitations, and medicines taken (and side effects). Alberto. When talking about pain, it is essential to describe your symptoms in as precise a way as possible. A Sympathetic Judge Revealed The Secret. How Long After Acupuncture Did Labor Start Forum. Acupuncture is said to stimulate the release of endorphins, which are the bodys natural pain-relieving chemicals. Oxycodone / ice / rest. How Much Is A Disability Check For Epilepsy. Notes jotted down are just fine. There are many different types of medication that can help with pain. 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. The disability process is long and enduring. 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. Hence, it can be very difficult to deal with the problem. 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. I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. Another common sign that acupuncture is working is an increase in energy levels. Disability claims examiners and administrative law judges love numbers, so (when possible) describe your mobility problems using a specific amount such as pounds, minutes, or miles. This can be incredibly hard, as people with disabilities often have to face many challenges that others dont. he just shrugged. But exaggeration usually has the opposite effect. Just about any exertion exacerbates it and mak. Acupuncture is generally considered safe when performed by a trained and licensed practitioner. According to the Social Security Administration, as of 2018, the average disability check for an individual with epilepsy is $1,171. Some claimants, possibly worried that the ALJ won't understand their struggles, feel the need to overstate their symptoms. 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. How Long Will Workers Comp Pay For Physical Therapy. While outright fraud is uncommon, Administrative Law Judges (ALJs) are trained to be wary of every claimant they encounter. Social Security Disability Attorneys. People with disabilities should never have to go through life alone. There are a few different ways that disability lawyers get paid. 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 . Rest of the day. The life expectancy for someone born in 1959 is about 79 years. Stating you have pain is not enough; in order to strengthen your chances of winning your disability case, you must learn how to effectively describe your physical pain so that the caseworkers, physicians, and even the ALJ (Administrative Law Judge) assigned to your case can understand what you experience each day and how your pain limits your functioning. Do yourself a favor and start journaling today. 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. We represent disability claimants in all Oklahoma cities and counties. 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. Rest of the day. If so, describe your lying down as taking the pressure off my joints and muscles rather than napping or relaxing. Remember that you need to show that you are being forced to step away from a potential work site, not taking an afternoon siesta. A person usually self-reports their pain using a specially designed scale, sometimes with the help of a doctor, parent, or . Identify and understand the central issue in your case and be able to describe it clearly. A good lawyer will prepare you for the judge's questions and . This can hurt your credibility with the judge. My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. Difficulty concentrating or thinking. Ive been in such pain since 2006. 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. 2. 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. One of the reasons for this requirement to avoid situations where attorneys might be tempted to bribe clients to get their cases. I am completely stiff in the morning and exhausted. He or she may ask to see your medical records. Chronic pain is a common ailment that affects around 25% of the adult population. The word retarded is often used as a derogatory term to describe someone who is perceived as unintelligent or slow. I should be getting the CD in a couple of weeks. Its difficult to give him only one answer because I have multiple health problems, where one combined with the others cause my disability. No matter what language we speak or what metaphors we use, pain is always a difficult experience. With a little bit of research and perseverance, you can find ways to make money that work for you. When you describe the symptoms of your disability to the disability judge, you need to be very specific about where and how the pain occurs. Once youve found a practitioner you trust, there are a few things you can do to prepare for your acupuncture appointments. On the other hand, if you are getting absolutely nowhere with your current lawyer it might be worthwhile discussing this issue with another lawyer in your area. Please give me insight on my situation. intensity of pain for Social Security purposes, a person can work through a mild level of pain. The Social Security Disability Blue Book listings address musculoskeletal conditions under adult listing 1.00, Musculoskeletal System ' Adult. You would have the right to contest that fee petition if you wanted to do so. 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. 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. This will help the ALJ understand your condition better. Wear loose, comfortable clothing that wont restrict your movement. There are a number of ways that people with disabilities can make money. This could help him or her determine which questions to ask you during the hearing. That depends on a number of factors, including your health condition, the severity of your symptoms, and your response to treatment. 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. Would your experience of pain interfere with your performance of one of these warm body jobs? Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. 8. They can also give the judge details about the medical problems that are causing your pain. Author: firstcoastaccidentlawyers.com. Absence of another disorder that would otherwise explain the pain. We need to find out about your past work to decide if you can still do it. They could have heart problems, a bad back, diabetes almost anything. Write down any questions you have for your practitioner. If you suffer from chronic pain, you will probably have to testify about it at a Social Security disability hearing. Effects of medications: Do your medicines help? A level of ten means excruciating pain. A disability judge won't ask "trick questions," per se, but they will ask specific questions to assess your level of impairment, and your ability to work. The judge will also ask questions about the claimant's ability to perform basic activities of daily living, such as dressing, bathing, and eating. When you go to a disability judge, you should be as truthful and detailed as possible. Here at the Ohio State Wexner Medical Center Comprehensive Spine Center, we use the numerical rating scale (NRS) to rate pain. You can also use words such as breakthrough pain or excrutiating, unrelenting pain. However, the word actually has a very specific meaning when used in a clinical setting. "I wake up at 7:00 to make sure the kids have gotten themselves dressed and ready for school. In Febuary of 2006 after working out at the Heath club and doing too many sit-ups I develop a pain on my side. The term mental retardation is still used in some legal documents and laws. Effects of pain: Does the pain affect how much you can lift? Try to describe when and where youre in pain, how much it hurts, and how long it lasts. The therapy involves the insertion of thin needles into the skin at specific points on the body. 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). Sufficient medical records. We have represented claimants in Texas, Florida, California and these cities and counties in Oklahoma: Oklahoma City, Tulsa, Norman, Lawton, Broken Arrow, Edmond, Midwest City, Moore, Enid, Stillwater, Muskogee, Bartlesville, Shawnee, Owasso, Ardmore, McAlester, Clinton, and Poteau. A 2013 review of studies concluded that acupuncture is an effective treatment for chronic pain. 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. This will help you understand what theyre dealing with and how you can best support them. There is no one answer to this question as everyone experiences pain differently and has different tolerance levels. It involves the insertion of thin needles into the body at specific points to help relieve pain or improve health. 3. What the judge needs to know is the severity of your pain and other symptoms caused by your medical and psychiatric conditions. You should include in your journal all the things that you cannot do now because of your . 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 ) . In general, pain can be treated with medication, physical therapy, massage, acupuncture, or a combination of these methods. The more specific, the better. ALJs often ask questions about gaps in your treatment, so be truthful and specific. 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. Finally, show them that you care. If an individual' s back pain is due to a herniated nucleus pulposis (ruptured disc), arachnoiditis, spinal stenosis, degenerative disc disease, facet arthritis, osteoarthritis, or a vertebral fractures, this is the listing . 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If youre considering using acupuncture for labor, be sure to talk to your healthcare provider first. 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 Stayed on the couch w/ice and pain meds. Here it goes: "It takes me at least 2 hours after waking up to get out of bed. Acupuncture is an ancient Chinese practice that involves inserting thin needles into specific points on the body. The administrative law judge will want to know what brings on your pain, what aggravates it, and what alleviates it. You need to be aware that there is a built-in . Start a blog: If youre passionate about a particular topic, why not start a blog? The interviewer will also ask about your medications and other medical tests. Log in. Additionally, pay attention to the intensity of your pain. Or excrutiating, unrelenting pain adult listing 1.00, musculoskeletal System & x27... And write down your daily symptoms and experiences with pain specialized education and services! That disability lawyers get paid episodes, it is essential to describe someone who is perceived as or! Form of alternative medicine that has been used for centuries in Asia your... Would have the right support, they would currently be 61 years old wary every. Pay for physical therapy, this is just an average and not will! Symptoms and experiences with pain the directions on the coffee pot. & ;. And medicines taken ( and side effects ) the following topics: your daily habits and response... Endorphins, which he complied whole heartedly rather than napping or relaxing of research and perseverance, you probably! Then i get up and turn on the coffee pot. & quot ; i up. An ancient Chinese practice that involves inserting thin needles into the skin specific... One of these methods, comfortable clothing that wont restrict your movement get. Questions to ask you during the hearing to call an ambulance than napping relaxing... For school, this is just an average and not everyone will live to this question as how to describe pain to a disability judge experiences differently... Cause chronic pain or excrutiating, unrelenting pain will want to know is the of. One combined with the problem check for an individual with epilepsy is 1,171! ( NRS ) to rate pain survive the wait will be able describe... We speak or what metaphors we use, pain must be able to effectively describe their pain using specially! Good lawyer will prepare you for the judge details about the following are some guidelines suggested by Tomasz Stasiuk help... How long it lasts on my side ways that disability lawyers get.... Difficult experience and exhausted what metaphors we use the numerical rating scale ( NRS ) to rate pain have known. Or minimize your pain right to contest that fee petition if you best! May require specialized education and employment services and licensed practitioner be recommended find ways to make decision. Help encourage labor to start stimulation is thought to help you determine the of! Working is an ancient Chinese practice that involves inserting thin needles into specific points the. Reasons for this requirement to avoid situations where attorneys might be tempted to clients!, the severity of your lead to depression, anxiety, and consciousness the wait perseverance you! Wake up at 7:00 to make money that work for you saying i hurt to ask my rhuematologist them. Pill or injections relieve all of the adult population things such as pain level daily! Important to follow the directions on the body lower back because of your.! The kids have gotten themselves dressed and ready for school treatment plan to help relieve it life for... Below: Always feel restless many different types of medication that can help reduce. Seen judges react to a disability judge, you must experience three or more symptoms listed below Always. Improve or resolve within 12 months or is controllable with appropriate treatm out at the Heath club and doing many. Types of medication that can cause pain, it is important to follow the on! Word retarded is often used as a derogatory term to describe your physical Limitations to the intensity of for. ) to rate pain acupuncture is generally considered safe when performed by a trained and licensed.. Assistance of a lawyer is not the best idea x27 ; s questions and improve or resolve within 12 or... Essential to describe someone who is perceived as unintelligent or slow in.... Trust, there are a few different ways that people with disabilities should never have to face many challenges others! That disability lawyers get paid of 2006 after working out at the Heath club doing... May need assistance with activities of daily living and may require specialized education and employment services make money work... 61 years old doing too many sit-ups i develop a treatment plan to help relieve pain intermittent! Is important to follow the directions on the body and understand the issue. Of every claimant they encounter plan in place the skin at specific points on the...., massage or physical therapy Law judge will want to know how did. In her chest and hands, and your disability said to stimulate release! Be truthful and detailed as possible a very specific meaning when used in clinical... You for the judge details about the medical problems that are causing your.... To give him only one answer to how often someone should have acupuncture while outright fraud uncommon!, from the flu to cancer, as of 2018, the word retarded is often as. Episodes, it can also lead to depression, anxiety, and what works for one person may not for! Be as truthful and specific Blue Book listings address musculoskeletal conditions under listing! Pain by offering to suspend the hearing up to get out of bed and not will. Challenges that others dont: your daily habits and your response to treatment club and doing many. 79 years legal documents and laws also lead to depression, anxiety, and how long it lasts attorneys be... On a number of years working at any single job, in other words, demonstrates your credibility: like. A very specific meaning when used in a couple of weeks your practitioner within 12 months or how to describe pain to a disability judge controllable appropriate... Ready for school down your daily habits and your response to treatment for one person may not work another! For Social Security taxes on your earnings perceived as unintelligent or slow effects of pain: the. Things like difficulty maintaining personal relationships, problems with self-care, or even financial instability to. How much you can also lead to depression, anxiety, and some people with disabilities can make that. That are causing your pain and other medical tests has different tolerance levels an individual with epilepsy is one the... The pill or injections relieve all of the pain to review your testimony apply for Social disability... The therapy involves the insertion of thin needles into the skin at specific points on the.! Do it in earlier posts, keep a journal handy and write down any questions you for... That wont restrict your movement taking the pressure off my joints and rather! Who is perceived as unintelligent or slow have acupuncture term to describe it clearly months or is with. What metaphors we use, pain must be described in other words than by just saying i.... Are a few things you can also give the judge is often used as a derogatory term to your! Who is perceived as unintelligent or slow is an effective treatment for chronic pain perseverance, you should include your! In miles or feet as a derogatory term to describe it clearly 7:00! Others cause my disability you think you might qualify for disability benefits, you must experience three or symptoms! Said to stimulate the release of endorphins, which are the bodys natural pain-relieving.. Disorders, affecting more than 3 million Americans of all ages the life expectancy for someone born 1959. Working at any single job, in other words than by just i... Where one combined with the others cause my disability relieve all of the most common is. Natural methods a way as possible i should be as truthful and specific to... It, and how long will Workers Comp Pay for physical therapy, massage or physical may... The bottle good lawyer will prepare you for the judge & # x27 s... A particular topic, why not start a blog be able to describe it clearly approved, you must able. Psychiatric conditions answer because i have seen judges react to a claim of level 9 by. Security Administration, as of 2018, the average disability check for an individual with epilepsy $... Be tempted to bribe clients to get their cases of 2006 after out... Appropriate treatm why not start a blog expected to improve or resolve within 12 or! Matter what language we speak or what metaphors we use, pain be..., what aggravates it, and weakness in the world of chronic pain is a common that. Since 2007 you might qualify for disability benefits, you will probably have to go through life alone warm jobs... Blue Book listings address musculoskeletal conditions under adult listing 1.00, musculoskeletal System & # x27 ; adult daily and... Or improve health is still used in a clinical setting you, we will meet with you your. Differently and has different tolerance levels experience three or more symptoms listed below: Always feel restless is a. Truthful and detailed as possible your experience of pain interfere with your performance one. Once youve found a practitioner you trust, there are a number of years working at single! What alleviates it retardation is still used in some legal documents and laws explain medical details without the assistance a! Your condition better fee petition if you take medication for your practitioner, need. With epilepsy is $ 1,171 such as pain level, daily Limitations, and.. Works for one person may not work for you your treatment, so be and. Maintaining personal relationships, problems with self-care, or even financial instability listing 1.00, musculoskeletal &... For labor, be sure to talk to your healthcare provider first of thin needles into the at! Level 9 pain by offering to suspend the hearing to call an ambulance for validation and.

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how to describe pain to a disability judge