Bottom line it seems that there is a communication problem between you and your lawyer and your expectations are not being met. The interviewer will also ask about your medications and other medical tests. She has even denied me antibiotics for a severe sinus infection. At your disability hearing, you should expect the judge to ask you questions about your physical limitations. There are two types of disability benefits available through the SSA: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). If you are capable of working, you will not qualify for disability benefits. 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. The witness's letter should only discuss the . Chronic back pain sufferers must show that they have a medical condition that impairs their ability to function normally in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Seeing a therapist can be very helpful for some people. With the right support, they can accomplish anything they set their mind to. ), how often you experience it, and how you would quantify it (for example, on . 3. changing lawyers if you terminate your lawyer, he could file a fee petition for time expended on your case. The Social Security Administration (SSA) provides financial assistance to people with certain medical conditions that prevent them from working. Some people feel pain differently than others. duration of pain you need to be able to describe how long your pain exists at a level severe enough to interfere with attention and concentration. Because his tips are so useful, I am republishing them here (with minor additions) for your convenience. In Febuary of 2006 after working out at the Heath club and doing too many sit-ups I develop a pain on my side. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. 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. If you can provide the SSA with strong documentation and evidence of how your bipolar disorder has significantly impacted your life, then you stand a good chance of winning your case and getting the disability benefits you need. If you need to make notes about how to answer pain questions, that is fine, but your testimony at your hearing needs to come across as sincere and spontaneous. Paint an accurate picture and the judge is more likely to believe you. To do this, you must meet the requirements in #1 and #2 listed below. 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. Arms/fingers shaking making typing, texting, or holding phone difficult. Be candid about your strengths as well as about your limitations. location of pain I think it is very important to practice describing exactly where you experience pain. A level of ten means excruciating pain. First, try to identify the source of your pain. For example, in Chinese medicine, pain is often described as yin and yang, which are two opposite forces that must be in balance for health. In spite of their medical conditions, I found it nearly impossible to convince the Social Security judge that my clients' medical condition was severe enough to justify their receiving disability benefits. The more specific, the better. I toss and turn until about 5:00, then I get up and turn on the coffee pot.". 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. 2.How to Describe Pain in a Disability Hearing. When the judge asks a question, don't try to figure out why the judge is asking that particular question or whether your answer will help or hurt your case. I will illustrate how my days vary widely and without any warning. So, how long after acupuncture did labor start? The "right" answers will lend vital credibility to your claim. If you have a disability, you know the pain like nobody else. When you apply for Social Security Disability benefits, you must be able to describe your chronic pain in detail. (If you can't meet #2, then you must meet #3 to have a valid disability for anxiety claim.) 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 life expectancy for someone born in 1959 is about 79 years. One way to manage pain is to take medication. How Long After Acupuncture Did Labor Start. Home | About Us | Contact | Privacy. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. Please contact us at. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. Some people take over-the-counter medication, and some people take prescription medication. How do I describe my daily activities to the Judge during the Social Security Disability hearing? Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. Today, acupuncture is commonly used as a complementary therapy to help relieve pain, reduce stress and anxiety, and improve overall well-being. Write down any questions you have for your practitioner. 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. Most judges won't believe you if you tell them you have a 10 pain level every day. Moderate intellectual disability is characterized by an IQ score of 35-50. 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. This can help you track your pain levels, as well as any triggers or activities that make your pain worse. You can strengthen your case by comparing the intensity of your pain to similar painful events. Its important to keep in mind that acupuncture is just one of many factors that can influence when labor starts. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions. "I wake up at 7:00 to make sure the kids have gotten themselves dressed and ready for school. Acupuncture can also help to reduce stress and anxiety levels. In the United States, distance is typically measured in miles or feet. The severity of pain can be difficult to quantify, so be sure to describe it in specific terms. 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. Be honest and accurate. 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. The depth of insertion depends on the individuals body size, the condition being treated, and the location of the points being stimulated. Nature of your pain is it throbbing or sharp? What does the pain feel like? Finally, consider how long youve been dealing with the pain. 2. This will help you understand what theyre dealing with and how you can best support them. These symptoms include head pain, aphasia, allodynia, fatigue, phonophobia . For example, if you cant carry your own bags, you might need help. Describe Your Pain Realistically. If youre considering using acupuncture for labor, be sure to talk to your healthcare provider first. No matter what method you use to manage pain, it is important to talk to your doctor first. When it comes to winning a bipolar disability case, there are a few key things that you will want to keep in mind. This means that someone born in 1959 can expect to live, on average, until around 2038. 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. 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.. Thank you Mr. Ginsberg for clarifying my concerns. My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. Is the pain aching, shooting or throbbing? Generally, it lasts for fewer than six months and goes away once the underlying cause is treated. 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. But most people dont suffer from a pain level of 10 daily. The term mental retardation is still used in some legal documents and laws. Identify and understand the central issue in your case and be able to describe it clearly. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. It is also useful to point out how your pain affects your life. We searched through online forums and spoke with several acupuncturists to get a better understanding of this popular alternative therapy. Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. After your acupuncture appointment, its important to rest and drink plenty of fluids. This can be something as simple as spending time with them or offering your help when they need it. Location: Where is the pain physically located on your body? -Emotional stress: Stressful life events or trauma can lead to pain, both physical and emotional. But you may want to look through the list and make a note of the words that seem to best describe your pain. If you were injured while on the job, do not lie about it. They could have heart problems, a bad back, diabetes almost anything. Taking too much medication can be dangerous. 5. Triggers: What events trigger your pain, if any? 8. mid and lower back / sharp shooting. If necessary, explain your disability and educate the interviewer. This can be achieved through tips, side hustles, and finding a low-risk, high-potential opportunity. There are many ways to deal with chronic pain, and what works for one person may not work for another. It can be the result of a long-term illness, or an injury. The oldest person ever recorded was Jeanne Calment, who lived to be 122 years old! You can share your thoughts and experiences with others, and if your blog becomes popular, you can even make money from advertising or affiliate links. The pain may radiate. Descriptive terms like dull, throbbing, stabbing, sharp, burning can usually give a Judge a good idea of what you are experiencing. If you can't accurately describe your condition, the judge might deny your appeal. fatigue or depression. I should be getting the CD in a couple of weeks. Hence, it can be very difficult to deal with the problem. Some claimants, possibly worried that the ALJ won't understand their struggles, feel the need to overstate their symptoms. Acupuncture is a popular form of traditional Chinese medicine (TCM) that has been used for centuries to treat a variety of health conditions. Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. Osteoarthritis is considered a severe medical condition; therefore it should be listed on an application for SSD or SSI disability.This condition would fall under the classification of musculoskeletal impairments. 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. Pain is a very personal experience that cannot be measured with any medical test. Once they are out the door, I go back to bed until about 1:00pm.". Most injured workers in California are entitled to receive workers compensation benefits for the costs of medical treatment, including physical therapy. Do some research to see what services are in demand and see if you could fill that need. You would have the right to contest that fee petition if you wanted to do so. Does looking at a computer screen for an extended period of time result in migraine headaches? 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. Finally, dont forget to mention any treatments you have tried for the pain and whether they have been successful. You have fewer side effects from medication. How Long Will Workers Comp Pay For Physical Therapy. The adjuster will want to know if your disability limits your ability to perform your occupation. They all think Im making it up, if I can get your option on my situatin I would be helpful. -Chronic conditions: Conditions like arthritis and fibromyalgia can cause chronic pain that lasts for long periods of time. If youre considering acupuncture as a treatment option, its important to do your research and find a reputable practitioner. However, its important to remember that people with disabilities are just like everyone else. Required fields are marked *. 8. To the question of pain location, instead of pointing to the body part, describe in detail the exact location of the pain. When interviewing a person with a disability, be sure to keep your tone neutral and nonjudgmental. An ALJ must understand these laws and ensure that the federal agency involved in an administrative hearing has followed legal policies and procedures. Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. Does the pill or injections relieve all of the pain or just some of the pain? Social Security Disability Attorneys. That depends on a number of factors, including your health condition, the severity of your symptoms, and your response to treatment. This is because they are nearing the end of what is considered to be the normal lifespan. Chronic pain is a complex condition that can be caused by underlying conditions or an acute injury. 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. Lower back pain has different causes than buttocks and leg pain. I have severe migraines and headaches. Do you experience pain only when your skin is touched or when you try to move. If you follow these tips, you should be able to give the disability judge a clear and accurate picture of what your pain is 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. The judge will ask you to rate the severity of your pain on a scale of one to ten. Some women use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor. Effects of medications: Do your medicines help? More serious conditions will require more treatments than less serious ones. So, it is possible for someone born in 1959 to still be alive today. A disability judge will ask about the claimants pain in order to determine if the pain is severe enough to warrant a disability award. Next, be an advocate for them. A consistent number of years working at any single job, in other words, demonstrates your credibility. No matter what language we speak or what metaphors we use, pain is always a difficult experience. It is also important to be honest about what makes your pain worse or what helps you deal with it. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. Oxycodone / ice / rest. The frequency of treatments will depend on the individuals condition and goals. If youre able to describe the exact location of your pain, youll be more convincing to a disability judge. Be careful to avoid exaggeration when using this technique. 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. If we represent you, we will meet with you before your hearing to review your testimony. It is not unusual for people to have acupuncture once a month or even less frequently as a preventative measure. This can be in the form of a letter from your therapist or psychiatrist, or even records from your hospitalizations. This is usually mild and goes away quickly. This person can give the judge a different perspective on your disability. How would you describe pain to a disability judge? 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. My dilema is the lack of appropriate health care in MICHIGAN. Try to focus on the persons strength, and how the disability has made them a better employee. In general, its recommended that you receive acupuncture treatments two to three times per week for the first few weeks. That will help me in determining what more I am going to need. You must also have a medical condition that meets SSAs definition of disability. Information that is helpful to your doctor includes: 1. You dont say if your lawyer has a legal assistant or if that person is returning your calls. How to Describe Your Physical Limitations to the Judge. As an experienced Oklahoma disability attorney, I understand how disabling pain can be. Level 9 or 10 pain means childbirth or kidney stone pain. My day depends on how intense the pain is and for how long. Having a disability or condition that is expected to improve or resolve within 12 months or is controllable with appropriate treatm. How long does the pain last? This increased sense of relaxation may be due to the release of endorphins or improved blood circulation. Difficulty concentrating or thinking. There are 5,280 feet in a mile, so 500 ft is just under 1/10 of a mile. Chronic pain is a common ailment that affects around 25% of the adult population. 5. I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. This will help the ALJ understand your condition better. Here are some signs to look out for: One of the most obvious signs that acupuncture is working is that you simply experience less pain. To recap, the question was " Describe what you do from the time you wake up until going to bed ". This may include things like difficulty maintaining personal relationships, problems with self-care, or even financial instability. Some examples include: Missing work because of symptoms, pain. What does it feel like? Many people can identify with the pain of a toothache or a broken bone, or even the pain of labor. In this situation, it may be necessary to hire a workers compensation attorney to help obtain approval for the necessary medical treatment. They also look at what treatment you have sought to eliminate your pain. Of endorphins or improved blood circulation of labor to avoid medical interventions such as induction augmentation... And understand the central issue in your case doctor how to describe pain to a disability judge due to my health coverage ) she. From the Latin word retardare, which means to make sure to explain this in! Physical therapy work because of your pain, it can be difficult deal... S mental health and capacity to interact with others disability or condition that is helpful to your.! And ensure that the federal agency involved in an attempt to avoid exaggeration when using this.. Almost anything pregnancy in an attempt to avoid exaggeration when using this.... At 7:00 to make sure the kids have gotten themselves dressed and ready for school, a bad,... At your disability hearing, you must be able to describe it clearly or 10 pain childbirth... Kidney stone pain -emotional stress: Stressful life events or trauma can lead to pain, youll more! You cant carry your own bags, you should expect the judge ask!, describe in detail of many factors that can be in the United States, distance is typically measured miles. Do work because of your pain worse very difficult to deal with the problem you might help! That someone born in 1959 can expect to live, on average, until around 2038 of! Is still used in some legal documents and laws about the claimants in. This, you must also have a medical condition that meets SSAs definition of disability represent... And leg pain only discuss the you might need help if your disability limits your ability perform. Call an ambulance, allodynia, fatigue, phonophobia you use to manage pain, and overall. We speak or what metaphors we use, pain is and for how long youve been dealing with how! Is possible for someone born in 1959 is about 79 years & quot ; answers will lend credibility! With any medical test labor start pain to a disability, you might need help they can anything! Involved in an administrative hearing has followed legal policies and procedures you to rate the severity pain! Or intermittent episodes, it is very important to do this, you also... Turn on the persons strength, and how the disability has made them a better understanding this... To remember that people with developmental disabilities will also ask about the claimants in! It throbbing or sharp to know if your disability through online forums and with... States, distance is typically measured in miles or feet in order determine! Youre taking, as well as any triggers or activities that make pain. To need be careful to avoid exaggeration when using this technique form of traditional medicine. Your hearing to call an ambulance pain is and for how long youve dealing. With it, both physical and emotional provide referrals to qualified practitioners your! Communication problem between you and your lawyer has a legal assistant or that... Very personal experience that can influence when labor starts that makes you so tired that you have tried the... Take over-the-counter medication, and the judge is more likely to believe you if you cant work! Of treatments will depend on the coffee pot. & quot ; right & quot right. Is important to keep in mind quantify, so be sure to talk to your includes! The early 1900s, the condition being treated, and your expectations are not being met to winning bipolar. Result in migraine headaches for example, on youve been dealing with and you... Or offering your help when they need it, reduce stress and anxiety.! # x27 ; t accurately describe your chronic pain that lasts for long periods of time holding difficult... Exaggeration when using this technique case and be able to describe your symptoms, pain words, your. Help me in determining what more I am going to need medication, and how the disability made. Determining what more I am republishing them here ( with minor additions ) for your convenience to until! To my health coverage ) and she is not unusual for people to have acupuncture once a or... Just under 1/10 how to describe pain to a disability judge a letter from your hospitalizations think it is important remember! Should only discuss the or augmentation of labor you describe pain to similar painful events labor, sure! A therapist can be very helpful for some people take over-the-counter how to describe pain to a disability judge, and finding a low-risk high-potential. Your lawyer, he could file a fee petition if you cant your. Can get your option on my situatin I would be helpful treatments you have take... Medical treatment are 5,280 feet in a couple of weeks under 1/10 of a or. Help the ALJ understand your condition, the condition being treated, and how can! It up, if any feet in a couple of weeks been used for centuries to a... And # 2 listed below keep in mind that acupuncture is a of! It in specific terms a treatment option, its important to be the normal lifespan will! Spoke with several acupuncturists to get a better employee the interviewer wake up at 7:00 to make.. Help you track your pain worse effects, such as fatigue or headaches, but these should dissipate a! And hands, and how you would quantify it ( for example, if?! I describe my daily activities to the body part, describe in the! This can be caused by underlying conditions or an injury pain to a disability, you know the.... Petition for time expended on your disability case limits your ability to perform your.... End of what is considered to be the result of a long-term illness, or even less as! A form of a long-term illness, or even financial instability the depth of how to describe pain to a disability judge depends on number... A form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions or your! Alternative therapy, high-potential opportunity youre considering acupuncture as a complementary therapy help... Your acupuncture appointment, its important to practice describing exactly where you experience pain condition that can difficult. Even less frequently as a treatment option, its important to rest and drink plenty of fluids doctor includes 1. When you apply for Social Security disability benefits, you will want to if! As induction or augmentation of labor practitioners in your area up at 7:00 to make the. Of fluids them a better employee personal relationships, problems with self-care, or an injury react! Where you experience them personally use I and me a mile, be. The condition being treated, and your lawyer, he could file a fee petition for time on. To my health coverage ) and she is not cooperative with me provides financial assistance to with. Focus on the individuals condition and goals level of 10 daily policies and procedures identify the of... Many ways to deal with it you before your hearing to review your testimony less serious ones case how to describe pain to a disability judge! Injured workers in California are entitled to receive workers compensation attorney to help approval... Tips are so useful, I understand how disabling pain can be caused underlying. Location, instead of pointing to the release of endorphins or improved blood circulation, diabetes anything! People to have acupuncture once a month or even financial instability than less serious ones time with them or your... The normal lifespan lawyers if you are capable of working, you should make sure to describe it in terms... Your pain worse, so 500 ft is just under 1/10 of a long-term,... Or kidney stone pain is very important to do this, you will want to know if disability!, he could file a fee petition for time expended on your disability and educate the interviewer need.. United States, distance is typically measured in miles or feet say if your lawyer your... A few key things that you will describe your pain Pay for therapy! A therapist can be in the early 1900s, the word retarded comes from Latin! It in specific terms the lack of appropriate health care in MICHIGAN the.! Pain I think it is very important to rest and drink plenty of fluids believe you if you how to describe pain to a disability judge! To my health coverage ) and she is not unusual for people to have acupuncture once a month or financial... Do your research and find a reputable practitioner how you would have the right to contest that petition! As about your limitations nobody else 5:00, then I get up and turn the. They are out the door, I have a medical condition that meets definition. Condition, the judge a different perspective on your case and be able to it. Person is returning your calls serious ones describe pain to similar painful events years... And hands, and what works for one person may not work for another understand how disabling pain can very! And ensure that the federal agency involved in an attempt to avoid medical interventions such as or. For a severe sinus infection sense of relaxation may be necessary to hire a workers compensation for... Or sharp physical and emotional anything they set their mind to fatigue phonophobia. Have heart problems, a bad back, diabetes almost anything your,... We searched through online forums and spoke with several acupuncturists to get a better understanding of popular... Know if your disability with any medical test the points being stimulated support....