how to describe pain to a disability judge
That will help me in determining what more I am going to need. What does the pain feel like? Describing your pain in detail may help a Social Security disability client win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. Does the pain come and go, or does it last throughout the entire day? You need to be aware that there is a built-in problem with the way these questions are asked. Make sure you tell the judge exactly what your disability does to you, even if it’s hard to admit to others. 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. Almost every Social Security disability case involves some complaint of pain. Many physical conditions can cause pain including back problems, fibromyalgia, diabetes, migraine headaches, COPD, heart problems, and other conditions. Is there anything that makes the pain better or worse? Some questioned whether people with a learning disability understood pain, the cause of pain and pain relief. Is it a constant ache that progresses to spasms as it evolves? 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. Do you stare at a wall? If you experience pain in your back and it radiates down your legs, you should let the SSA know the exact location of your pain. What does the pain feel like? Some questions to consider: Can you describe the intensity of the pain on a scale of one to 10? Chronic pain is ongoing or recurrent pain that continues longer than the usual course of acute illness or injury, or more than three to six months. Things You Can Do to Help in Your Social Security Disability Claim. Because his tips are so useful, I am republishing them here (with minor additions) for your convenience. It’s often confused with back pain and is one of the most common yet misunderstood types of pain. This can be a good starting point. My lawyer wanted me to tell him just 1 medical problem I have. To determine chronic pain disability, the SSA enlists medical-vocational rules, which vary according to age. 1. can your lawyer charge you beyond the 25% for medical records? To determine chronic pain disability, the SSA enlists medical-vocational rules, which vary according to age. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. Chances are you’ve had sciatica before! Do you take medications and are there any side effects? This is because their reports and records will be evaluated by the SSA. For example, if a person is: Under age 50 and, as a result of the symptoms of chronic pain, unable to perform what the SSA calls sedentary work, then the SSA will reach a determination of disabled. Such descriptions can help a judge take your suffering more seriously. I have only met him once and during that visit, he belittled me to the point of me breaking down in tears. On the universal pain assessment, number one is no pain, and number 10 is the worst pain possible. 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). 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 on is your testimony. 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. My day depends on how intense the pain is and for how long. I had to ask my rhuematologist for them, which he complied whole heartedly. Describe your symptoms on a scale of one to 10. 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. Forget about the judge, for now. Be extremely careful when responding to this question; it might be a trap. Does looking at a computer screen for an extended period of time result in migraine headaches? In other words, it is not enough to say … or whether your discomfort is more generalized throughout your body, you will have to explain to the judge how severe pain limits your capacity to work. Put the truth out there and be clear about how bad it really is. The key to success at your disability hearing is preparation. For example: Where do you feel the pain? Alternatively, does it start bad in the morning and continue to worsen until you go to bed? When you go to a hearing for Social Security disability cases your testimony is extremely important and you will want to make sure that you spend time with your lawyer discussing what will happen at your hearing. Some disability lawyers recommend to answer questions by describing your worst day, and giving an estimate of how often you have bad days. MEDICAL REASONS. Triggers: What events trigger your pain, if any? I have been leaving messages for him since August of 2011 and he has yet to return a single call. 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. Therefore, pain—even severe chronic pain that is disabling—will not qualify you for disability benefits unless your medical record includes things like lab tests, x-rays, and/or the results of a physical exam that show there is a physical impairment that could reasonably be expected to produce your symptoms. I have low, medium, or high pain days. Pain is subjective and can be hard to describe. Questions at a hearing are simply a chance for the judge to learn a little more about how your disability affects you in your everyday life. Therefore, the judge will likely ask you to explain your symptoms, rate your pain, or describe the ways your pain or other symptoms limit your ability to perform certain tasks. “What do you do all day?” MANY people with disabilities answer “nothing.” But, this is usually not a sufficient answer. The disability attorney is likely to have significant knowledge as to what the judge might require of the claimant during the hearing and what are the other relevant information that needs to be furnished in front of the judge at the time of hearing to win a disability claim for ankle pain. It is impossible to do “nothing” all day.Do you sleep all day? Tricky Questions at Hearings. Does it help to lie down? If it is a sharp, dull, or burning sensation, you should describe it in as much detail as possible. Providing sufficient information about your disability case will help the judge decide if you should be awarded Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Julie, you are asking a number of questions – I will try to respond to each one: Includes guidelines for a physician plus a sample letter. While objective test results can prove that you have a certain medical diagnosis, the severity of the pain or other symptoms you experience due to that diagnosis can only be explained by you. Again, pain must be described in other words than by just saying “I hurt.” As noted in earlier posts, keep a journal handy and write down your daily symptoms and experiences with pain. If 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. Understand the pain scale, and use it accurately. The disability process is long and enduring. Many times, Attorney Scott Lewis may ask his Indiana disability clients to describe the pain they experience on a zero to ten scale. How to answer the question of Why Cant You Work when dealing with a Social Security Disability Claims process in your application for Social Security. Does the pill or injections relieve all of the pain or just some of the pain? Our experience has been that judges don’t expect disability claimants to sit at home in a recliner all day long, moaning in pain. If a judge believes you are exaggerating or lying about these things, you may find yourself with an unfavorable outcome. In fact, some adjudicators will often seize on something like this to justify denying a claim. Please give me insight on my situation. Social Security Disability and Using a Cane or other Assistive Device. Is it too painful to sit, stand, walk for even short periods of time? Scott D. Lewis is proud to offer free consultation to any and all who believe they may need legal assistance. 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. Our Social Security disability lawyers can help you prepare to go before a judge to discuss your day-to-day functioning. Effects of medications: Do your medicines help? Finally, describe the degree of severity of your symptoms— such as inability to stand for more than 30 minutes because of back pain, inability to walk more than two blocks due to leg pain, or shortness of breath. If it is a sharp, dull, or burning sensation, you should describe it in as much detail as possible. Judges tend to ask claimants who are seeking disability benefits how they typically spend their days, and they take that information and use it to make a determination with respect to whether or not their daily routine is in-line with their claimed symptoms and functional limitations. I should be getting the CD in a couple of weeks. If you are getting no response from anyone, that is a problem. Should I Object to My Social Security Disability Hearing Being by Telephone Because of COVID? You answered my questions and I appreciate your prompt response. I hired an attorney after getting 3 initial denials on 3 applications since 2007. Next, describe the symptom or problem that specifically limits you—such as weakness or paralysis, numbness, pain, poor balance, dizziness, or lack of coordination. In order to win your Social Security Disability case, you need to describe your condition effectively. 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. Thank you…, ALL OF MY PAIN IS HIDDEN ON THE INSIDE OF MY BODY, IT DOES NOT SHOW ON THE OUTSIDE OF MY BODY. Is this pain constant? Notes jotted down are just fine. Describe in detail how you feel at various times during the day. How to Apply for Social Security Disability with Joint Pain. Therefore, the judge will likely ask you to explain your symptoms, rate your pain, or describe the ways your pain or other symptoms limit your ability to perform certain tasks. Do yourself a favor and start journaling today. A judge will likely ask you about your pain level, especially in cases involving chronic pain. 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. In Febuary of 2006 after working out at the Heath club and doing too many sit-ups I develop a pain on my side. In mild cases, it goes away on its own with time and rest. Lyme Disease – Written by a disability advocate. Does the pain affect your ability to interact with your children or spouse? Does it limit the amount you can bend the affected joint? There are three ways to approach a Social Security disability claim based on joint pain: The first is to qualify for disability based on the listing under major dysfunction of a joint due to any cause in Section 1.02 of the SSA Blue Book. For example, if you suffer from back problems and the ALJ asks you to describe the pain, use descriptive words like “burning,” “tingling,” “aching,” “shooting,” or “dull.” I have functioning, semi-functioning or debilitating days. Medical Condition(s): The judge already will have copies of your medical records, so you'll mostly be asked about your symptoms (dizziness, inability to stand, pain, etc.). Do you count ceiling tiles? (*) On a scale from one-to-ten, how does your pain rate? Describe in detail how you feel at various times during the day. Information that is helpful to your doctor includes: 1. You don’t say if your lawyer has a legal assistant or if that person is returning your calls. The disability attorney is likely to have significant knowledge as to what the judge might require of the claimant during the hearing and what are the other relevant information that needs to be furnished in front of the judge at the time of hearing to win a disability claim for ankle pain. It is impossible to do “nothing” all day. Are you unable to leave your house due to the pain you experience? Learning disability nurses have enhanced communication and other clinical skills, so are well placed to enable the development of pain pictures, which can help support diagnosing pain for people with complex communication needs. In the video below Sharon Christie, a social security disability benefits lawyer, answers the question, can to describe limitations at a disability hearing? While outright fraud is relatively rare, judges are nevertheless trained to be skeptical about every claimant they see. Keep in mind that describing your pain in simple words is not enough. How long can you sit, stand or walk? One of the reasons for this requirement to avoid situations where attorneys might be tempted to bribe clients to get their cases. My dilema is the lack of appropriate health care in MICHIGAN. How long have you had the pain? Frequency and Duration: It is painful all the time or just some of the time? Like all disability determinations, loss of functional ability is a major factor in approving an individual based upon back pain or any other musculoskeletal condition. In order to win your Social Security Disability case, you need to describe your condition effectively. Do you feel better in the morning? Keeping a journal of your symptoms and pain may be useful. This can be used to evaluate patients initially to monitor them over time and to judge the effectiveness of interventions. Pain is easy to recognize, but it can be difficult to describe because it is subjective and is not a visible condition. Do medications help alleviate the pain? Is it sharp or dull? Author: lawyeradmin. Many times, Attorney Scott Lewis may ask his Indiana disability clients to describe the pain they experience on a zero to ten scale. One way you can do this by starting your sentences using the magic words. Tell the judge how you feel on a good day and what it’s like to get through a bad day. Does the pain affect your activities of daily living? Even if you have a solid claim, remember that this is an appeal from a denial. Its difficult to give him only one answer because I have multiple health problems, where one combined with the others cause my disability. How long does the pain last? My question: Is it legal and ethical for my lawyer to charge me extra (above and beyond the 25%) for more medical records than what SSA already has? I’ve been in such pain since 2006. Or, does it come and go? Describe what you do in a typical day. However, getting approved for disability due to back pain is difficult because most back pain claims are based largely on pain. Administrative law judges (ALJs) routinely ask claimants to "rate their pain" on a ten-point scale. he just shrugged. Do events such as walking result in pain? Includes guidelines for a physician plus a sample letter. Almost every Social Security disability case involves some complaint of pain. Call Ginsberg Now Toll Free at 1-800-890-2262, All rights reserved - Copyright ©2019 Ginsberg Law Offices, PC - Office Location - 1854 Independence Square, Atlanta, GA 30338. A judge will likely ask you about your pain level, especially in cases involving chronic pain. You need to be able to describe your pain on a scale of one to 10. And I’m feeling all alone in the world of chronic pain. 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. 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. He said I would have to pay him regardless whether I win my appeal or not. Note all medications taken. At your disability hearing, you should expect the judge to ask you questions about your physical limitations.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. (*) I’ve had chronic pain since and feel my Doctors are no longer listening to me. I have a Disability Hearing! Again, it helps to be clear and specific when testifying. Many doctors use a 0-to-10 pain scale. Because a rating scale can be subjective, it may help your case to supply details of what constitutes pain at a level one verses level 10. Focus on symptoms (you may have degenerative disc disease or herniated discs but it is likely the pain from your back that is stopping you. The Pain Disability Index (PDI) Overview: The Pain Disability Index (PDI) a simple and rapid instrument for measuring the impact that pain has on the ability of a person to participate in essential life activities. Is your range of motion limited? UNLESS YOU DON’T SUFFER FROM ARTHRITIS, YOU WON’T UNDERSTAND RA, Your email address will not be published. Alberto. Does your pain affect your ability to read any type of written correspondence, whether it be a book or letter? Pain threshold measurements include: The pressure at which sound becomes painful for a listener is called "pain threshold pressure". Be careful to avoid exaggeration when using this technique. Pain is subjective and can be hard to describe All individuals have experienced some degree of pain at some point throughout life. I do not have “typical days” anymore. DESCRIBING YOUR WORST DAYS. Is the pain aching, shooting or throbbing? “What do you do all day?” MANY people with disabilities answer “nothing.” But, this is usually not a sufficient answer. Keep track of the things you do during the day to accommodate your disability such as naps, rest periods, what you do to relieve pain or discomfort, and requests for assistance from relatives and friends. Talk to Scott about your legal concerns. Attorney Scott Lewis believes it is important for his Indiana Social Security disability appeal clients to know that it may make a big difference to answer questions fully concerning their disabilities. What do the medications help with? I try to always tell my clients to be truthful yet realistic about what they can or cannot do. Do you stare at a wall? A Social Security disability claimant may experience pain from not one physical condition, but a combination of physical conditions. In fact, being able to elaborately describe your pain during the claims process is essential to getting a favorable ruling. Zero being no pain and ten being pain so severe they must go to the hospital. He said it was the best answer he’d ever heard. Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. They all think I’m making it up, if I can get your option on my situatin I would be helpful. Choose your words cautiously – even while at the doctor – especially if your words relate to describing how you are feeling. Due to the subjective nature of pain, it may be difficult to explain to the Social Security Administration (SSA) and make them understand how painful your condition is. 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). Describe what you do in a typical day. Your ability to effectively describe your pain to your doctors is also important. out a description of your pain. Many times a simple yes or no answer may not be enough to help inform an ALJ to understand how you experience pain. Describing the pain. © 2021 Social Security & Disability Lawyer | Scott D. Lewis, Social Security Disability Claims Process, Social Security Disability Insurance (SSDI) Benefits Claims, Supplemental Security Income (SSI) Benefits Claims, Impairments that Affect Multiple Body Systems. Describing your pain accurately and thoroughly may help your health care provider find the cause of the pain and treat it. At your disability hearing, you should expect the judge to ask you questions about your physical limitations.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 March of 2006 I fell down some stairs going down 25 steps to the ground. With that in mind, disability lawyer Scott Lewis believes it is very important to describe the pain you feel as accurately as you possibly can. Sorry..I guess I had more than one question. Be realistic when rating your pain. Pretend you are describing your pain to an old friend. Disability Insurance Contributors. Because a rating scale can be subjective, it may help your case to supply details of what constitutes pain at a level one verses level 10. If you are a victim of chronic pain, please do not be afraid to look for the help you need. How long does the pain last? I don’t expect an answer or response, I just want to share the situation I am thrown into. Specific answers give an ALJ a clear picture of your impairment. Receiving Social Security Disability if You Have Difficulty Standing, Indiana Social Security Disability Attorney, Indiana Social Security Disability Client, Social Security Disability Benefits Claims Process, Social Security Disability Insurance (SSDI). Social Security disability judges are under a great deal of pressure to only approve deserving cases. For example, if you suffer from back problems and the ALJ asks you to describe the pain, use descriptive words like “burning,” “tingling,” “aching,” “shooting,” or “dull.” Also clearly describe the location of any pain. Writing down which parts of the body are aching as well as describing the nature of the pain can also help you effectively depict your pain. Like all disability determinations, loss of functional ability is a major factor in approving an individual based upon back pain or any other musculoskeletal condition. During the disability claims process, a judge will be more likely to believe the pain is serious if a person has received treatment and if the treatment is ongoing. With chronic migraine disease, I am never able to fully escape the pain as it is an everyday occurrence. This lets the judge quantify your condition. Because so many folks have questions about back pain disability cases, I thought it would be helpful to describe the types of musculoskeletal pain cases that are getting approved at the end of 2017 and into 2018, and which types of cases are not being approved. Pain is a subjective (personal) experience that is hard for doctors to scientifically measure. You would have the right to contest that fee petition if you wanted to do so. Describing headaches is a difficult task at best, but you can assume it will be more difficult when you add in the stress of testifying in a Social Security courtroom before a judge. Keep track of the things you do during the day to accommodate your disability such as naps, rest periods, what you do to relieve pain or discomfort, and requests for assistance from relatives and friends. In fact, being able to elaborately describe your pain during the claims process is essential to getting a favorable ruling. In my office, for example, I generally do not get involved in collecting medical records – that is a task for my secretary. I do not have “typical days” anymore. I have low, medium, or high pain days. With chronic migraine disease, I am never able to fully escape the pain as it is an everyday occurrence. Is it hourly, daily, weekly, etc.? In order to be successful with your VA disability claim, you have to know what the VA is looking for. Be sure to include things such as pain level, daily limitations, and medicines taken (and side effects). Your email address will not be published. Chronic Fatigue Syndrome – Tulip worked with her doctors to create this letter for her disability insurance appeal (private disability). Effects of pain: Does the pain affect how much you can lift? 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. “Your case is won […] How to describe limitations at a disability hearing? Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims process and during doctor’s visits as well. Most disability appeal hearings are only 45 minutes long, and walking out of the hearing room without explaining the pain you experience may be a mistake. The magic words are “When my symptoms are severe…” Or “On days when I have very bad symptoms…” Or “When I am in pain” or … The following are some guidelines suggested by Tomasz Stasiuk to help claimants be able to effectively describe their pain. Focus on the reasons behind the answers (because of my neuropathy, because I can’t stand, because I panic) Filed under:Claims Process, Hearings Process || Tagged under: attorney, describe, disability, Indiana, indianapolis, lawyer, pain, social security, ssa Note all medications taken. My day depends on how intense the pain is and for how long. Thank you for any help you can provide. Lyme Disease – Written by a disability advocate. Write down the specific things you have difficulty doing —such as walking, getting out of a chair, or moving about in some other way. As the hearing stage is often the final step of a Social Security Disability claim, the judge is always extremely thorough when questioning a claimant. Some of our readers report they didn’t even speak at their hearing at all. out a description of your pain. You need to be aware that there is a built-in problem with the way these questions are asked. Do you sleep all day? If you are applying for disability, you may be asked this question by the Social Security doctor or by your own doctor or at a hearing or when filling out forms. Nature of the pain: What is the pain like? 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 client’s chart might reflect something like: “Patient stated that she is doing fine today.” The word “fine” does not win a social security disability case. Whether your soreness and irritation is localized (in a knee, lower back, shoulders, abdomen, etc.) Be careful to avoid exaggeration when using this technique. It’s pretty easy to compress this nerve and feel pain – that’s why 4 0% of people will experience sciatica. Some words used to describe pain: aching, cramping, hot or burning, sharp, shooting, stabbing, throbbing, tender. First, you must prove to the VA rater that your back pain has a clear NEXUS, or service-connection. It may be related to an injury or illness, or it may have no known cause. Millions of people apply for Social Security Disability benefits every year. All of the participants in the study involved health professionals if they believed the person they supported was in pain. Your activities should not be equivalent to work but you will not be penalized if you maintain some form of routine. The really tricky part lies in proving that the limitations that this disease places on you make it impossible for you to work. I asked him how am I supposed to pay him if I have no money? Describe your average day. Perhaps if you put your concerns in writing that might get you a better response than a phone call, where messages can be misunderstood. What is chronic back 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. Give Specific Examples. Get a medical diagnosis or something to prove that you do have back pain.