how to describe pain to a disability judge

That will help me in determining what more I am going to need. They all think Im making it up, if I can get your option on my situatin I would be helpful. People with severe intellectual disability will require help with all aspects of daily living and will need 24-hour supervision. 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. -Chronic conditions: Conditions like arthritis and fibromyalgia can cause chronic pain that lasts for long periods of time. Finally, consider how long youve been dealing with the pain. Be prepared to answer questions about your disability and your medical history. Today, acupuncture is commonly used as a complementary therapy to help relieve pain, reduce stress and anxiety, and improve overall well-being. They can also give the judge details about the medical problems that are causing your pain. With a little bit of research and perseverance, you can find ways to make money that work for you. Nature of the pain: What is the pain like? Ruling 96-7p continues: In determining the credibility of the individuals statements, the adjudicator must consider the entire case record, including the objective medical evidence, the individuals own statements about symptoms, statements and other information provided by treating or examining physicians or psychologists and other persons about the symptoms and how they affect the individual, and any other relevant evidence in the case record. It helps to give examples of the pain and rate the intensity on a scale of one to ten. Acupuncture can also help to reduce stress and anxiety levels. MEDICAL REASONS. 1. can your lawyer charge you beyond the 25% for medical records? Next, be an advocate for them. 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. Doctors and therapists use a pain scale that ranges from one to ten. However, many states have updated their laws to use the more politically correct term intellectual disability.. Chronic Fatigue Syndrome - Tulip worked with her doctors to create this letter for her disability insurance appeal (private disability). 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. Where is it located? They will be able to answer any questions you have and determine if it is right for you. These are not the only words that can describe your pain, but it is important for you to be able to describe what you feel as you are the only one that knows exactly what you feel. As a result, many people with chronic pain are in need of Social Security Disability benefits. Acupuncture is generally considered safe when performed by a trained and licensed practitioner. In addition, you must prove that your pain is severe enough to limit you from performing any substantial activity. Lower back pain has different causes than buttocks and leg pain. Difficulty staying focused on a task / need breaks. Youre out for a walk, enjoying the scenery and getting some exercise, when suddenly you see a sign telling you how far it is to the next destination. Finally, it is important to reach out to friends and family for support. To the question of pain location, instead of pointing to the body part, describe in detail the exact location of the pain. You can also describe your pain in terms of how it is aggravated or alleviated by lying in a specific position. Participate in surveys or focus groups: Companies are always looking for consumer feedback on their products or services. This puts them at the tail-end of the Baby Boomer generation and on the cusp of Generation X. However, treatment is possible. 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. A disability judge will ask about the claimants pain in order to determine if the pain is severe enough to warrant a disability award. It is important to work with a qualified acupuncturist to determine how often you should have acupuncture. A number of studies have shown that acupuncture can be effective in reducing the length of labor and the need for pain medication. It can also be triggered by a fall or an awkward movement. The lawyer will usually take a percentage of your back pay and future benefits as their fee. 8. First, if the injured worker has been placed on temporary disability status by his or her treating physician, the worker will be eligible to receive workers compensation benefits for the cost of physical therapy (as well as other necessary medical treatment) until he or she is released from temporary disability status. Acupuncture is an ancient Chinese practice that involves inserting thin needles into specific points on the body. It is extremely important to be truthful and accurate about the following topics: your daily habits and your disability. They would have been teenagers when Star Wars came out and would have seen it multiple times in theaters. Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. 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. You also know when you become dizzy, fatigued, or short of breath. The Social Security Disability Blue Book listings address musculoskeletal conditions under adult listing 1.00, Musculoskeletal System ' Adult. Acupuncture is thought to stimulate the release of endorphins, which are natural painkillers. After your acupuncture appointment, its important to rest and drink plenty of fluids. Further, a judge should recognize that symptoms such as pain sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone, the judge must carefully consider the individuals statements about symptoms with the rest of the relevant evidence in the case record in reaching a conclusion about the credibility of the individuals statements.. The practice involves the placement of thin needles into the skin at specific points on the body. There are different types of pain. Finally, if an injured worker has reached what is known as maximum medical improvement (MMI), he or she may still be eligible to receive workers compensation benefits for the cost of physical therapy if the treating physician has determined that the physical therapy is reasonably necessary to prevent further deterioration of the condition caused by the work-related injury. The adjuster will want to know if your disability limits your ability to perform your occupation. I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. Remember that the judge is listening to you and also thinking about various easy, low-stress jobs. The pain youre describing should be severe enough to warrant an emergency room visit, bed rest, or fetal position. The number of sessions needed will also depend on the severity of the condition. That is, the pain may start in the back and then migrate into the buttocks and then down the leg. If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. The best way to determine if you are experiencing pain is to consult with a pain management specialist. I asked him how am I supposed to pay him if I have no money? 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? 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. ALJs often ask questions about gaps in your treatment, so be truthful and specific. There are many different causes of pain, but some of the most common include: -Injuries: When you injure yourself, whether its a small cut or a major surgery, your body responds by sending pain signals to your brain. This means that you worked long enough - and recently enough - and paid Social Security taxes on your earnings. A consistent number of years working at any single job, in other words, demonstrates your credibility. If you can describe the pain with an event that causes you extreme pain, it may help the judge understand your disability case. Lowest rating: 3. Author: firstcoastaccidentlawyers.com. Acupuncture needles are inserted into the body to a depth of between 0.3 and 3.0 inches. SS scale score 9. What should you not say in a disability interview? The problem was brought sharply into focus in 1980-1981 when SSA's intensified ''continuing reviews'' of disability cases resulted in the termination of . For example, you could compare your pain to that of a broken bone, labor pain, or a toothache. 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. Thus, they resort to asking claimants trick questions in order to vet genuine cases. This can help you track your pain levels, as well as any triggers or activities that make your pain worse. All individuals have experienced some degree of pain at some point throughout life. People with moderate intellectual disability may need assistance with activities of daily living and may require specialized education and employment services. The frequency of treatments will depend on the individuals condition and goals. If not, write not applicable when asked about your medical condition. 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 . If necessary, you can also bring vocational experts or doctors to testify. 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. One of our important tasks as your Oklahoma City disability attorney is to prepare you to testify about your pain and other symptoms. Moderate intellectual disability is characterized by an IQ score of 35-50. Keeping a journal of your symptoms and pain may be useful. It may even lead to anxiety and depression. Thank you Mr. Ginsberg for clarifying my concerns. 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. We will offer you additional guidance on how to describe your pain and other symptoms so that the administrative law judge will understand why you cannot work. A Sympathetic Judge Revealed The Secret. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. ), how often you experience it, and how you would quantify it (for example, on . The witness should not say, for instance, that the claimant's doctor says the applicant shouldn't stand for more than one hour. 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. 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. fatigue or depression. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. Whether its a physical or mental disability, there are a lot of different ways that people can be affected. Level 9 or 10 pain means childbirth or kidney stone pain. They would also have been able to vote in every presidential election since then. Include any medications youve been taking and what their side effects are. The Tool Intiially Provides A List Of Topic Ideas To Choose From, Once You Select A Topic, You Can Go Ahead And Generate A Full Content AI Blog. Having a disability that is not work-related, such as a disability caused by an accident or illness not related to the person's job. You may qualify for one or both of these programs. This may include things like difficulty maintaining personal relationships, problems with self-care, or even financial instability. 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. "I wake up at 7:00 to make sure the kids have gotten themselves dressed and ready for school. While these two programs are different, the medical requirements are the same. The most important thing about a Social Security disability hearing is to tell the truth. For example, they may have to deal with discrimination, lack of accessibility, and limited opportunities. This would include telling the judge what type of pain you experience (burning, stabbing, etc. Some lawyers also charge an hourly rate, which means that you will be responsible for paying them for the time they spend working on your case. 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