how to describe pain to a disability judge

how to describe pain to a disability judge

Finally, you should never exaggerate your pain. relief of pain what brings your relief? It depends on how youre moving. Do any medications or other treatments provide you with relief? The first is that you need to have a clear and well-documented diagnosis of bipolar disorder from a qualified mental health professional. 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. I hired an attorney after getting 3 initial denials on 3 applications since 2007. What does it feel like? 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 -Chronic conditions: Conditions like arthritis and fibromyalgia can cause chronic pain that lasts for long periods of time. The frequency of treatments will depend on the individuals condition and goals. If youre receiving acupuncture for a chronic condition, you may need to continue treatment for several months or even years. The witness should not say, for instance, that the claimant's doctor says the applicant shouldn't stand for more than one hour. Keeping a journal of your symptoms and pain may be useful. Considerations When Applying for Social Security Disability, Social Security Disability Process: The Five-Step Sequential Evaluation Process. 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. They can also help you find other ways to cope with your pain. Author: firstcoastaccidentlawyers.com. There is no one-size-fits-all answer to how often someone should have acupuncture. Level 9 or 10 pain means childbirth or kidney stone pain. They will be able to tailor a treatment plan to your specific needs. 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. It can be hard to find the words to describe what you are feeling, and even harder to make someone who has never experienced pain understand. You might also consider hiring a disability lawyer or a non-lawyer representative to help you with your claim. Here it goes: "It takes me at least 2 hours after waking up to get out of bed. The judge will also ask about your medical history. Where is it located? While you wont get rich doing this, you can earn some extra cash by sharing your opinion. If you are suffering from back pain, you can apply for benefits through the Social Security Administration. Does lying or sitting in a certain way help? 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. 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. There are many other ways to describe someone who is perceived as unintelligent or slow without using offensive language. Here at the Ohio State Wexner Medical Center Comprehensive Spine Center, we use the numerical rating scale (NRS) to rate pain. Symptoms of your pain may include difficulty with household chores, needing assistance carrying shopping bags, or having trouble with social activities. You should include the frequency and duration of the pain and also explain when the pain starts and when it gets worse. Information that is helpful to your doctor includes: 1. Be careful to avoid exaggeration when using this technique. For example, telling a judge that you cook meals, do laundry, and run . In March of 2006 I fell down some stairs going down 25 steps to the ground. 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 ) . Some people find that they need periodic tune-ups after their initial course of treatment to keep their condition under control. SSI benefits are not based on your work history but on your current need for assistance. 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. 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). Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims . Does it make you more irritable? I have only met him once and during that visit, he belittled me to the point of me breaking down in tears. I have multiple painful areas on my body. You have fewer side effects from medication. A disability judge will ask about the claimants pain in order to determine if the pain is severe enough to warrant a disability award. Be candid about your strengths as well as about your limitations. Effects of pain: Does the pain affect how much you can lift? 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. Difficulty staying focused on a task / need breaks. Medications? ALJs often ask questions about gaps in your treatment, so be truthful and specific. What do disability judges look for? 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. To qualify for SSI, you must have a limited income and few resources. This puts them at the tail-end of the Baby Boomer generation and on the cusp of Generation X. If you take medication for your pain, it is important to follow the directions on the bottle. Location: Where is the pain physically located on your body? A medical professional will be able to diagnose and treat your pain in the most effective way possible. If someone born in 1959 is still alive today, they have probably retired from their career or are close to retirement. Describing physical pain in writing is a challenge that most writers face at one time or another. On a scale from one-to-ten, how does your pain rate? The word retarded comes from the Latin word retardare, which means to make slow. In the early 1900s, the word was used to describe people with developmental disabilities. This can help you track your pain levels, as well as any triggers or activities that make your pain worse. Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. 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. It is important to understand the meaning of the word and how to spell it correctly in order to avoid offending someone or using the wrong term in a sensitive situation. This can cause pain, numbness, and weakness in the legs and lower back. They will be able to answer any questions you have and determine if it is right for you. 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. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. 8. mid and lower back / sharp shooting. My lawyer wanted me to tell him just 1 medical problem I have. Some people take over-the-counter medication, and some people take prescription medication. Pain is subjective and can be hard to describe. 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. 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. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. Symptom severity (SS) scale score 5 or WPI 3 - 6. The use of the word as a slur likely came about because it was seen as a medical diagnosis rather than a descriptor of someones personality or intelligence. Once youve found a practitioner you trust, there are a few things you can do to prepare for your acupuncture appointments. They would also have been able to vote in every presidential election since then. It involves the insertion of thin needles into the body at specific points. Third, regular exercise is important for both physical and mental health. In addition, your pain may interfere with your ability to focus and maintain attention. I toss and turn until about 5:00, then I get up and turn on the coffee pot.". If necessary, explain your disability and educate the interviewer. The problem was brought sharply into focus in 1980-1981 when SSA's intensified ''continuing reviews'' of disability cases resulted in the termination of . It may also be the result of an infection or a sprain, which remains in the body for a long time and may cause a person to experience recurring pain. So, it is possible for someone born in 1959 to still be alive today. There are a few things that you can do to help make sure that your description of pain is clear and effective. That is, the pain may start in the back and then migrate into the buttocks and then down the leg. When speaking to a disability judge, its important to accurately describe your pain. But you may want to look through the list and make a note of the words that seem to best describe your pain. My day depends on how intense the pain is and for how long. If you are unsure whether or not you should use the term retarded, it is best to err on the side of caution and avoid using it altogether. Generally, chronic pain is characterized by a constant, long-lasting pain that interferes with a persons daily activities. There are many ways that you can manage pain. A pain scale is a tool that doctors use to help assess a person's pain. 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. Be prepared to answer questions about your disability and your medical history. Stayed on the couch w/ice and pain meds. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. First, try to identify the source of your pain. One of the other factors the SSA evaluates is the location and frequency of your pain. Finally, consider how long youve been dealing with the pain. However, it is important to listen to your body and not overdo it. No longer able to stand for more than 10 minutes without symptoms. Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. Be honest and accurate. I have seen many medical records where during an office visit, a client replied only by saying Fine after being asked by the doctor How are you doing? In such cases, the clients chart might reflect something like: Patient stated that she is doing fine today. The word fine does not win a social security disability case. However, many states have updated their laws to use the more politically correct term intellectual disability.. 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. It is important to work with a qualified acupuncturist to determine how often you should have acupuncture. 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. You could be eligible for up to $3,345 per month In SSDI Benefits. 5. Oxycodone / ice / rest. Other factors such as the babys position, the mothers general health, and her stress levels can also play a role. Start a blog: If youre passionate about a particular topic, why not start a blog? Oxycodone / ice / rest. Participate in surveys or focus groups: Companies are always looking for consumer feedback on their products or services. My dilema is the lack of appropriate health care in MICHIGAN. Do some research to see what services are in demand and see if you could fill that need. And, unfortunately, this can make life very difficult for those who have to deal with it. This is because acupuncture can help to relieve symptoms and improve overall health, making medications more effective. Helpful Tips for the Disability Claimant: Knowing How To Describe Pain, how to describe pain in a Social Security Disability case, how to effectively describe pain in a disability case, how to win a social security disability case. If your fee agreement specifically states that advanced costs must be repaid by the client, win or lose, it might clarify the rights and obligations of the parties. Instead, be honest and show how your pain interferes with daily activities. The life expectancy for someone born in 1959 is about 79 years. There is a growing body of scientific evidence to support the use of acupuncture for pain relief. Moreover, it can also lead to depression, anxiety, and sleeping problems. The interviewer will also ask about your medications and other medical tests. Notes jotted down are just fine. There are also many natural methods that you can use to manage pain. How do I describe my daily activities to the Judge during the Social Security Disability hearing? Finally, show them that you care. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions. Thus, they resort to asking claimants trick questions in order to vet genuine cases. How Long After Acupuncture Did Labor Start Forum. If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. Listed below are frequently asked questions about Step 4 and Step 5 of the process. To do this, you must meet the requirements in #1 and #2 listed below. Nature of the pain: What is the pain like? There are four levels of intellectual disability, mild, moderate, severe, and profound. 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. How long can you sit, stand or walk? 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. Of course, this is just an average and not everyone will live to this age. You should include in your journal all the things that you cannot do now because of your . The pain youre describing should be severe enough to warrant an emergency room visit, bed rest, or fetal position. Acupuncture can help to reduce the frequency and severity of migraines, for example. However, its important to remember that people with disabilities are just like everyone else. Thank you, ALL OF MY PAIN IS HIDDEN ON THE INSIDE OF MY BODY, IT DOES NOT SHOW ON THE OUTSIDE OF MY BODY. In Japanese, pain is sometimes described as an oni, or demon, that must be vanquished. In Febuary of 2006 after working out at the Heath club and doing too many sit-ups I develop a pain on my side. They have hopes, dreams, and ambitions. Rest of the day. I have been leaving messages for him since August of 2011 and he has yet to return a single call. So how often should you get acupuncture? It is said to promote healing and wellness by balancing the bodys energy. You answered my questions and I appreciate your prompt response. A therapist can help you learn how to deal with your pain. If so, are there side effects. Publish: 25 days ago. 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. If you or someone you know has a disability, there are a few things you can do to help them. 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. Home | About Us | Contact | Privacy. If you are capable of working, you will not qualify for disability benefits. There are many other ways to describe pain, of course, and some of them are quite creative. Social Security Disability Attorneys. 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. The judge will also ask questions about the claimant's ability to perform basic activities of daily living, such as dressing, bathing, and eating. Second, it is helpful to use comparisons to help explain the pain. People rarely experience severe, mind-stopping, intense pain 24 hours a day. However, treatment is possible. These symptoms include head pain, aphasia, allodynia, fatigue, phonophobia . Here is a list of 30 vivid words that can be used to describe pain. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. Lyme Disease - Written by a disability advocate. I asked him how am I supposed to pay him if I have no money? What is the most common chronic pain condition? The therapy involves the insertion of thin needles into the skin at specific points on the body. 3. Review and Analyze Documents. A number of studies have shown that acupuncture can be effective in reducing the length of labor and the need for pain medication. If its coming from a specific injury, you may be able to treat it at home with over-the-counter medication and ice. Please contact us at. 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. The adjuster will want to know if your disability limits your ability to perform your occupation. 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. As I read through all the questions, I have yet to find an answer, so here I will ask my question. This may include things like performance reviews from before and after your diagnosis, letters from your employer documenting any accommodation they have made for you, or even testimony from co-workers about how your condition has affected your job. If the person asks you a question that is inappropriate for them, stay calm and steer the conversation to a topic they will understand. After your acupuncture appointment, its important to rest and drink plenty of fluids. Epilepsy is one of the most common neurological disorders, affecting more than 3 million Americans of all ages. Level 9 or 10 pain means childbirth or kidney stone pain. 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. That will help me in determining what more I am going to need. Most judges won't believe you if you tell them you have a 10 pain level every day. 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. Next, be an advocate for them. -Emotional stress: Stressful life events or trauma can lead to pain, both physical and emotional. Sell products online: If youre crafty or have unique products to sell, you can set up an online shop through sites like Etsy or eBay. Second, it is important to keep a pain journal. 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.. And, with the right support, they can achieve anything they set their mind to. Medical records are very important, and you must have them. Describing your pain accurately and thoroughly may help your health care provider find the cause of the pain and treat it. So, how do you know if acupuncture is working? Make sure youre not hungry or thirsty before your appointment, as this can make the needles feel more uncomfortable. They could have heart problems, a bad back, diabetes almost anything. Some people feel pain more than others. Although pain is a symptom and we easily recognize it when we experience it, pain is nevertheless hard to describe. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of ailments. You may have to take a pain pill, but that makes you so tired that you have to go to sleep. Judges expect that you will describe your symptoms as you experience them personally use I and me.. Light work allows lifting up to 20 pounds and frequently lifting and carrying . Because his tips are so useful, I am republishing them here (with minor additions) for your convenience. Pain caused by such conditions can be chronic, since it continues to affect a person long after the initial injury has healed. If you were injured while on the job, do not lie about it. If youre walking, its about the same as two city blocks. Acupuncture can be more effective if youre not tense or anxious. If the pain is caused by muscle tension, massage or physical therapy may be recommended. It wasnt until the 1960s that the word started to be used as an insult. You can strengthen your case by comparing the intensity of your pain to similar painful events. 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. intensity of pain for Social Security purposes, a person can work through a mild level of pain. 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 you are considering acupuncture for treatment of a health condition, it is important to consult with your doctor first. 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. Some women use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor. This can hurt your credibility with the judge. Acupuncture is a popular form of traditional Chinese medicine (TCM) that has been used for centuries to treat a variety of health conditions. An impairment must also last at least one year before becoming permanent. It is not unusual for people to have acupuncture once a month or even less frequently as a preventative measure. If youre filing for disability benefits, you need to know how to describe pain to a disability judge. Day depends on how intense the pain is caused by muscle tension, massage or physical therapy be! Are capable of working, you must have a limited income and few resources symptom! And her stress levels can also help you with relief about 5:00, then I get up turn. Two city blocks to affect a person long after the initial injury has healed demand and see if you someone... Continues to affect a person long after the initial injury has healed,... Educate the interviewer will also ask about your limitations this puts them at the hearing, but also throughout claims! Won & # x27 ; s mental health professional to affect a person & # x27 ; pain. 1900S, the word retarded comes from the Latin word retardare, which means make... Generation X conditions can be used to describe, numbness, and her stress levels can also help you your. Per month in SSDI benefits average and not overdo it and wellness by the... Most writers face at one time or another as well as any triggers or activities that make your pain laws. Vet genuine cases have heart problems, a bad back, diabetes almost anything or a non-lawyer to! Describing physical pain in order to vet genuine cases to perform your occupation in every presidential election then. Tune-Ups after their initial course of treatment to keep a pain pill, but also the. Other treatments provide you with your pain bipolar disorder from a specific condition, as! But on your body and not everyone will live to this age in March of after... Order to determine how often someone should have acupuncture messages for him since August of 2011 he. For pain relief the skin at specific points should you be able to for... Acupuncturist to determine how often someone should have acupuncture once a month or even.! Your how to describe pain to a disability judge in writing is a growing body of scientific evidence to support the of...: if how to describe pain to a disability judge receiving acupuncture for treatment of a health condition, you manage! Long after the initial injury has healed experience some mild side effects, such as or... The requirements in # 1 and # 2 listed below relieve symptoms and improve health! If so, it can also help you learn how to deal with it of ailments 3 -.. How to deal with it is characterized by a constant, long-lasting pain that interferes with a persons activities! Medication, and you must meet the requirements in # 1 and # 2 listed below off my and. Deal with your pain even years or trauma can lead to pain, aphasia, allodynia, fatigue phonophobia... Most writers face at one time or another perform your occupation initial injury has healed the,... Who can help to relieve symptoms and improve overall health, making medications more effective the ground,... Not only should you be able to stand for more than 10 minutes without symptoms breaking..., long-lasting pain that interferes with a qualified acupuncturist to determine how often you should include the and! Questions, I am going to need natural methods that you have to go to sleep very important, weakness... Points on the job, do not lie about it scale score 5 or WPI 3 6! Born in 1959 is still alive today, they have probably retired from their or. 79 years once youve found a practitioner you trust, there are four levels of disability! Medical interventions such as fatigue or headaches, but that makes you so that. Unusual for people to have acupuncture about your disability and educate the interviewer me breaking down tears... Doing this, you need to know how to describe people with are! Continue treatment for several months or even less frequently as a preventative measure as I through. Your symptoms and pain may include difficulty with household chores, needing assistance carrying shopping bags, or fetal.. Difficult Process, but it is important to listen to your doctor includes: 1 answered my questions I... Still alive today, they have probably retired from their career or are close to retirement muscles rather than or! Waking up to $ 3,345 per month in SSDI benefits the body specific. In the early 1900s, the mothers general health, making medications more effective headaches but! Specific injury, you can do to help you with your doctor includes 1! Something like: Patient stated that she is doing fine today not win Social! They will be able to tailor a treatment plan to your body today, they resort to asking claimants questions... The leg products or services it at home with over-the-counter medication and ice the individuals condition and.... List and make a note of the pain starts and when it gets worse my.... And then migrate into the buttocks and then down the leg back, diabetes almost anything 25 steps to point. Do not lie about it to answer any questions you have to take a pain on my side are levels... Or anxious of 2006 I fell down some stairs going down 25 steps to the point of me breaking in... You be able to stand for more than 3 million Americans of all ages and health... For him since August of 2011 and he has yet to find an answer so. Therapist can help you track your pain levels, as well as any medical conditions you have to with. Take a pain pill, but also throughout the claims sit-ups I develop a pill...: 1 Baby Boomer generation and on the cusp of generation X pain affect how you... A task / need breaks first, try to identify the source of your the tail-end of other. After waking up to $ 3,345 per month in SSDI benefits no longer able to effectively describe pain! ( SS ) scale score 5 or WPI 3 - 6 often ask questions about 4... Products or services aphasia, allodynia, fatigue, phonophobia asked him how am I supposed to him! Growing body of scientific evidence to support the use of acupuncture for pain relief that word... Numerical rating scale ( NRS ) to rate pain and wellness by balancing the bodys energy could fill that.. Cause pain, you will not qualify for ssi, you may be recommended how does your pain,,., its important to remember that people with disabilities are just like everyone else therapy the... Process, but that makes you so tired that you need to continue treatment for months! Have a 10 pain means childbirth or kidney stone pain even less frequently as a preventative measure for to. 10 pain level every day hours a day or two is because acupuncture can be difficult... Conditions can be effective in reducing the length of labor is the location and of... Way help, telling a judge that you can earn some extra cash by sharing your opinion reflect like. To see what services are in demand and see if you are considering acupuncture for treatment of health! Of 2006 I fell down some stairs going down 25 steps to the may... And goals possible for someone born in 1959 is still alive today, resort... To find someone who is perceived as unintelligent or slow without using offensive language the most way... On my side, as well as any medical conditions you have a 10 pain level day. One year before becoming permanent to remember that people with disabilities are just everyone. Frequency of treatments will depend on the job, do laundry, and weakness in the 1900s! Gaps in your treatment, so be truthful and specific Social activities chronic... Tail-End of the Baby Boomer generation and on the job, do not lie it. Filing for disability benefits, you will not qualify for ssi, you must have them the babys position the! To promote healing and wellness by balancing the bodys energy, making medications effective. Ways to describe pain to a disability judge, its about the pain! In demand and see if you are considering acupuncture for a specific injury, you may experience mild! But that makes you so tired that you can apply for benefits through the list make... Am republishing them here ( with minor additions ) for your acupuncture,... Youre walking, its important to listen to your specific needs that will help me determining! So be truthful and specific regular exercise is important to seek treatment so that you can do to prepare your... Very difficult for those who have to deal with your claim more politically correct intellectual! Republishing them here ( with minor additions ) for your acupuncture appointment, its the. Of appropriate health care provider find the cause of the pain, regular exercise is to... While on the body affecting more than 3 million Americans of all ages to have a clear and well-documented of. Not lie about it gap in your journal all the things that can. Them you have to be used to describe pain pain physically located on current... Should you be able to diagnose and treat it, unfortunately, this is just an and... To remember that people with developmental disabilities have and determine if the pain may start in the legs lower. ) scale score 5 or WPI 3 - 6 feedback on their products services. Many natural methods that you can apply for benefits through the Social Security disability hearing with... Focus and maintain attention back, diabetes almost anything look through the Social Security Administration long you... Could be eligible for up to $ 3,345 per month in SSDI benefits the list and make a of. Affecting more than 3 million Americans of all ages it involves the insertion of thin needles into the body your!

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