Pain is a very personal experience that cannot be measured with any medical test. Tell him or her about any treatments youve received for your condition, how often youve been in pain, and the specific symptoms youve suffered. 4. This could be anything from social media marketing advice to financial planning tips. You could be eligible for up to $3,345 per month In SSDI Benefits. 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. A herniated disc is a condition in which a disc between the vertebrae of the spine bulges out and puts pressure on the spinal cord or the nerves that branch off from it. As mentioned above, fellow blogger Tomasz Stasiuk has written on this topic as well and has offered some great tips on how to effectively describe pain in a disability case. When answering a disability judges question, try to remember that hes asking you to rate your pain on a scale of one to ten. An impairment must also last at least one year before becoming permanent. 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. What pain does the medication not relieve? 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. Effects of medications: Do your medicines help? 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. For example, if you cant carry your own bags, you might need help. Pain can be difficult to describe, but you should do your best to include it in any testimony to the judge. 5. The Social Security Administration (SSA) provides financial assistance to people with certain medical conditions that prevent them from working. 3. Review and Analyze Documents. First, it is important to be as specific as possible when describing the pain. Some people feel pain more than others. Specifically the judge will want to know how long you can stand and sit, how far you can walk, how much you can lift, and so forth. In the DSM-5, the term intellectual disability is used instead of mental retardation. The change in terminology was made in order to reduce the stigma associated with the word retarded.. Oxycodone / ice / rest. The amount of the disability check may vary depending on the individuals other sources of income and financial need. We searched through online forums and spoke with several acupuncturists to get a better understanding of this popular alternative therapy. This is because their reports and records will be evaluated by the SSA. The life expectancy for someone born in 1959 is about 79 years. Listed below are frequently asked questions about Step 4 and Step 5 of the process. Rest of the day. You answered my questions and I appreciate your prompt response. 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. (*) 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. Do some research to see what services are in demand and see if you could fill that need. Judges will be skeptical if you are completely bedridden, and you need to show them that you have improved your symptoms. They may have children and grandchildren who are adults themselves. This could help him or her determine which questions to ask you during the hearing. There are many ways to treat pain, both chronic and acute. The most common complication is pain at the site of needle insertion. 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. 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. However, there are some general tips that can help. Epilepsy is a neurological disorder that causes recurrent seizures. 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. But most people dont suffer from a pain level of 10 daily. There are 5,280 feet in a mile, so 500 ft is just under 1/10 of a mile. Doctors and therapists use a pain scale that ranges from one to ten. 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. In some cases, surgery may be an option. ), how often you experience it, and how you would quantify it (for example, on . How do you describe pain to a disability judge? There is no hearing for the SSA, as there is for impeachment. To the question of pain location, instead of pointing to the body part, describe in detail the exact location of the pain. Provide services: There are a number of services you can provide from home, such as pet-sitting, child-minding, virtual assistant work, or even freelance writing or editing. Difficulty staying focused on a task / need breaks. In addition to your testimony and medical evidence, the judge will consider your functional limitations to determine how severe your impairment is. 1. can your lawyer charge you beyond the 25% for medical records? Alberto. Generally, chronic pain is characterized by a constant, long-lasting pain that interferes with a persons daily activities. While you should be honest and forthright, avoid making the hearing longer than it needs to be. If the person asks you a question that is inappropriate for them, stay calm and steer the conversation to a topic they will understand. I recently tried a case where my client would say things like after about 15 minutes, you get to the point where you cant get comfortable sitting or standing. You might also consider hiring a disability lawyer or a non-lawyer representative to help you with your claim. To the question of what the pain feels like, use terms like dull, throbbing, stabbing, sharp, or burning. Most lawyers are happy to discuss their fees with potential clients. Do you feel better in the morning? Some people take medication, some people see a therapist, and some people use natural methods. intensity of pain for Social Security purposes, a person can work through a mild level of pain. I also have constant neck pain and my back and shoulders hurt all the time. We represent disability claimants in all Oklahoma cities and counties. Try to describe when and where youre in pain, how much it hurts, and how long it lasts. 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. 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. Again, do your research to see what sort of consulting services are in demand and see if you could fill that need. 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. One way to convince the administrative law judge that you suffer from persistent and intense pain is to describe it vividly. Second, it is helpful to use comparisons to help explain the pain. You need to think about an appropriate description. Further, you want to show yourself as an honest, hardworking, but unfortunate person who has turned to the disability process as a last resort. As an experienced Oklahoma disability attorney, I understand how disabling pain can be. People rarely experience severe, mind-stopping, intense pain 24 hours a day. A number of studies have shown that acupuncture can be effective in reducing the length of labor and the need for pain medication. While it's important to be honest, certain levels of pain mean different things to different people. They can help you understand the potential risks and benefits and make sure its safe for you and your baby. If you or someone you know has a disability, there are a few things you can do to help them. 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 . In general, needles are inserted shallowly for treating surface conditions, and more deeply for treating deep-seated or chronic conditions. 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. Trouble concentrating. A level of ten means excruciating pain. 5151 California Ave #100 While you wont get rich doing this, you can earn some extra cash by sharing your opinion. But what does that distance actually mean in real-world terms? Thus, they resort to asking claimants trick questions in order to vet genuine cases. Is the pain aching, shooting or throbbing? The wrong answers will severely damage your case. Stayed on the couch w/ice and pain meds. Third, regular exercise is important for both physical and mental health. That will help me in determining what more I am going to need. Does looking at a computer screen for an extended period of time result in migraine headaches? This person can give the judge a different perspective on your disability. 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. By supplying such evidence, you can improve your chances of being considered a disability claimant. They would have been teenagers when Star Wars came out and would have seen it multiple times in theaters. Third, you should describe how the pain affects your life. Descriptive terms like dull, throbbing, stabbing, sharp, burning can usually give a Judge a good idea of what you are experiencing. Regardless of the source of your pain, you should get a proper diagnosis. Try to relax and clear your mind before your appointment. Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. 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. Symptom severity (SS) scale score 5 or WPI 3 - 6. The oldest person ever recorded was Jeanne Calment, who lived to be 122 years old! Finally, you should never exaggerate your pain. What does the pain feel like? You should include in your journal all the things that you cannot do now because of your . My migraine pain is always in the back of my head and sometimes will go towards the front also behind my eyes. 2. If youre feeling more relaxed, its a good sign that acupuncture is working. One way to manage pain is to take medication. The adjuster will want to know if your disability limits your ability to perform your occupation. 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. Location: Where is the pain physically located on your body? And Im feeling all alone in the world of chronic pain. SS scale score 9. 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. They can also help you find other ways to cope with your pain. Avoid using terms like "I can't lift anything heavy," or "I can't sit for very long," because these statements mean different things to different people. Administrative law judge that you can improve your chances of being considered a disability?! And how you would quantify it ( for example, if you could fill that need Star came! The claimant & # x27 ; s mental health and capacity to interact with others what more am... Out and would have seen it multiple times in how to describe pain to a disability judge it vividly someone born in 1959 is 79! 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