how to describe pain to a disability judge

Fourth, relaxation techniques such as yoga, meditation, and deep breathing can help to ease both physical and mental tension. However, it is important to listen to your body and not overdo it. 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. 2. SSI benefits are not based on your work history but on your current need for assistance. Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. Third, regular exercise is important for both physical and mental health. Effects of medications: Do your medicines help? In the United States, distance is typically measured in miles or feet. There are two types of disability benefits available through the SSA: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Finally, you should never exaggerate your pain. Does it make it hard to concentrate or sleep? Describing physical pain in writing is a challenge that most writers face at one time or another. My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. Describing your pain accurately and thoroughly may help your health care provider find the cause of the pain and treat it. While outright fraud is relatively rare, judges are nevertheless trained to be skeptical about every claimant they see. Acupuncture can be more effective if youre not tense or anxious. 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. We need this information to see if you can do any of your past work. Acupuncture is a popular form of traditional Chinese medicine (TCM) that has been used for centuries to treat a variety of health conditions. Oxycodone / ice / rest. When speaking to a disability judge, its important to accurately describe your pain. We all know the feeling. Publish: 25 days ago. A therapist can help you learn how to deal with your pain. 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 could be anything from social media marketing advice to financial planning tips. 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. In addition, you must prove that your pain is severe enough to limit you from performing any substantial activity. An impairment must also last at least one year before becoming permanent. However, there are some risks associated with the procedure, such as bleeding, bruising, and soreness at the needle site. Be sure to show your completed pain journal to your lawyer. Would your experience of pain interfere with your performance of one of these warm body jobs? How far is 500 ft, really? 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. 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. Epilepsy is one of the most common neurological disorders, affecting more than 3 million Americans of all ages. If you take medication for your pain, it is important to follow the directions on the bottle. Acute pain is short-term pain that comes on suddenly and has a specific cause, usually tissue injury. 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. 1. 9. Voice es una compaa de upskilling que ofrece a equipos corporativos y emprendedores en Iberoamrica el conocimiento aplicable para enfrentar los desafos del mundo laboral del futuro. Is the pain aching, shooting or throbbing? Taking too much medication can be dangerous. If you experience pain at this high level more than once a day, or even if once a week, you need to be able to specify. Never describe your pain in the second or third person. 3. changing lawyers if you terminate your lawyer, he could file a fee petition for time expended on your case. Since physical pain is common to many disability cases, I want to elaborate on this point. Try to relax and clear your mind before your appointment. This could help him or her determine which questions to ask you during the hearing. 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. Some examples include: Missing work because of symptoms, pain. Julie, you are asking a number of questions I will try to respond to each one: No longer able to shave legs. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions. Here is a list of 30 vivid words that can be used to describe pain. You answered my questions and I appreciate your prompt response. Finally, it is important to remember that the Social Security Administration (SSA) is looking for cases that are severe enough to prevent an individual from being able to work at all. Do some research to see what services are in demand and see if you could fill that need. 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 also ask about your medical history. The best way to determine how often you should get acupuncture is to consult with a qualified practitioner who can tailor a treatment plan specifically for you. 3. Review and Analyze Documents. If not, write not applicable when asked about your medical condition. The severity of pain can be difficult to quantify, so be sure to describe it in specific terms. 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. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. You need to be aware that there is a built-in . Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. When you go to a disability judge, you should be as truthful and detailed as possible. The Social Security Administration (SSA) provides financial assistance to people with certain medical conditions that prevent them from working. Acupuncture needles are inserted into the body to a depth of between 0.3 and 3.0 inches. A medical professional will be able to diagnose and treat your pain in the most effective way possible. The life expectancy for someone born in 1959 is about 79 years. They would also remember when MTV first started playing music videos and would have watched Madonnas Like a Virgin video when it first came out. We also need to know if you learned skills on your job. If its severe and/or getting worse, its probably time to seek medical attention. They can help you figure out what method is best for you. 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. Acupuncture is an ancient Chinese practice that involves inserting thin needles into specific points on the body. 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. The only way to survive while waiting for disability approval is to keep a steady stream of cash coming in. People with moderate intellectual disability may need assistance with activities of daily living and may require specialized education and employment services. 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. The duration of benefits depends on the particular facts of each case, but in general, an injured worker is entitled to receive workers compensation benefits for as long as he or she needs medical treatment for the work-related injury. The term mental retardation is still used in some legal documents and laws. Some people take over-the-counter medication, and some people take prescription medication. They could have heart problems, a bad back, diabetes almost anything. 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. Triggers: What events trigger your pain, if any? A Sympathetic Judge Revealed The Secret. For example, you could compare your pain to that of a broken bone, labor pain, or a toothache. So how often should you get acupuncture? No longer able to bath/shower regularly. Here are a few ideas for how to make money while disabled: 1. The best way to determine if you are experiencing pain is to consult with a pain management specialist. No longer able to stand for more than 10 minutes without symptoms. Regardless of the source of your pain, you should get a proper diagnosis. I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. Making money while disabled may require some extra effort and creativity, but it is possible. With proper treatment, most people with epilepsy can lead normal, active lives. What pain does the medication not relieve? The judge will also ask questions about the claimant's ability to perform basic activities of daily living, such as dressing, bathing, and eating. There are several things you can inform the Judge about tha. 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. Another way to manage pain is to see a therapist. 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. I go to the bathroom and it takes at least 30 minutes to brush my teeth. This will help the ALJ understand your condition better. Acupuncture can help to reduce the frequency and severity of migraines, for example. They can also help you find other ways to cope with your 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. Medical records are very important, and you must have them. Seeing a therapist can be very helpful for some people. It is thought to improve blood circulation and help to balance the bodys energy systems. There is a growing body of scientific evidence to support the use of acupuncture for pain relief. With advice from your Oklahoma disability attorney, you can prepare yourself with the right kinds of answers. (By the way, if you're reading this, you might also want to check out my writer's guide to serious injuries and calamities .) Level 9 or 10 pain means childbirth or kidney stone pain. Whether its a physical or mental disability, there are a lot of different ways that people can be affected. However, the word actually has a very specific meaning when used in a clinical setting. Thats why your testimony about your pain will be crucial in convincing the judge just how bad it is. Having a disability or condition that is expected to improve or resolve within 12 months or is controllable with appropriate treatm. My day depends on how intense the pain is and for how long. It is important to work with a healthcare professional to find the best treatment plan for you, as each person responds differently to different treatments. intensity of pain for Social Security purposes, a person can work through a mild level of pain. Does it limit your ability to participate in activities you enjoy? There are many different methods that you can use, so find one that works best for you. Acupuncture is said to stimulate the release of endorphins, which are the bodys natural pain-relieving chemicals. Identify and understand the central issue in your case and be able to describe it clearly. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. 1. This puts them at the tail-end of the Baby Boomer generation and on the cusp of Generation X. Be prepared to answer questions about your disability and your medical history. Frequency and Duration: It is painful all the time or just some of the time? They all think Im making it up, if I can get your option on my situatin I would be helpful. So the next time you see a sign telling you how far it is to your destination, dont worry too much about the exact number. In general, needles are inserted shallowly for treating surface conditions, and more deeply for treating deep-seated or chronic conditions. Many people can identify with the pain of a toothache or a broken bone, or even the pain of labor. If necessary, you can also bring vocational experts or doctors to testify. Impairment listing (1.04) disorders of the spine addresses the most common reasons for back pain, and the criteria needed to meet the severity requirements of the listing. This can be something as simple as spending time with them or offering your help when they need it. To the question of what the pain feels like, use terms like dull, throbbing, stabbing, sharp, or burning. However, there are some general tips that can help. And if youre driving, its only a few seconds worth of travel time. Theres no one-size-fits-all answer to this question. Elsewhere, you might encounter other rating systems, such as the Defense . 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. 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. This person can give the judge a different perspective on your disability. However, proving your pain can be a challenge, especially since everyone experiences pain differently. 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. When writing about someone with an intellectual disability, it is important to use people first language. How to Describe Your Physical Limitations to the Judge. I make adjustments to my schedule throughout the day depending on the intensity of the symptoms which I experience daily on varying levels. The depth of insertion depends on the individuals body size, the condition being treated, and the location of the points being stimulated. 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. 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. The SSA will even consider phantom pain, as in the case of an amputation. The amount of the disability check may vary depending on the individuals other sources of income and financial need. Paint an accurate picture and the judge is more likely to believe you. Mild intellectual disability is characterized by an IQ score of 50-70. Third, you should describe how the pain affects your life. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. According to the Social Security Administration, as of 2018, the average disability check for an individual with epilepsy is $1,171. Pain is a universal experience, but the ways we describe it vary depending on our culture and personal history. Intellectual disability is defined as significantly reduced intellectual functioning and adaptive behavior. This means that someone with an intellectual disability will have difficulty with everyday tasks and may require assistance in order to live independently. Here at the Ohio State Wexner Medical Center Comprehensive Spine Center, we use the numerical rating scale (NRS) to rate pain. The "right" answers will lend vital credibility to your claim. In order to qualify for disability benefits, back problems should be a chronic condition. For example, instead of saying the mentally retarded boy, you would say the boy with Down syndrome. Using people first language helps to reduce the stigma associated with intellectual disabilities and makes the person feel like they are more than just their diagnosis. There are many ways to treat pain, both chronic and acute. 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. Lower back pain has different causes than buttocks and leg pain. For example, does moving in a certain way, or heat or cold aggravate your pain? Another good way to explain your pain is to compare it to a painful event. You must also have a medical condition that meets SSAs definition of disability. What does the pain feel like? Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. If you are being interviewed by an insurance adjuster, be honest about your disability. Rest of the day. 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. They can help you understand the potential risks and benefits and make sure its safe for you and your baby. Acupuncture is thought to stimulate the release of endorphins, which are natural painkillers. Difficulty being around others. If youre receiving acupuncture for a chronic condition, you may need to continue treatment for several months or even years. Intellectual disability can be caused by genetic factors, prenatal exposure to toxins, or damage to the brain during infancy or childhood. 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. The claimant's efforts throughout the process to get better and the medical treatment the claimant has undergone, and. The best way to find out how a particular lawyer charges is to ask them directly. Start a blog: If youre passionate about a particular topic, why not start a blog? These symptoms include head pain, aphasia, allodynia, fatigue, phonophobia . Effects of pain: Does the pain affect how much you can lift? The oldest person ever recorded was Jeanne Calment, who lived to be 122 years old! (*) There are ways that you can survive the wait . He or she may ask to see your medical records. 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. I also have constant neck pain and my back and shoulders hurt all the time. Something like: A day in the life of X (your name). It does not have to be in some fancy, formal writing style. Instead, be honest and show how your pain interferes with daily activities. This is especially important if your limitations come and go. 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. If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. 1. can your lawyer charge you beyond the 25% for medical records? Other factors such as the babys position, the mothers general health, and her stress levels can also play a role. SS scale score 9. 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. Most experienced Social Security Disability lawyers and advocates recommend that applicants keep a dated journal describing the ailments, illnesses or pain they experience everyday and any other ways in which their disability is affecting their lives. So how far is 500 ft in real-world terms? For example, in the United States, federal law uses the term mental retardation when referring to people with intellectual disabilities. How long does the pain last? Your ability to effectively describe your pain to your doctors is also important. Pain can be difficult to describe, but you should do your best to include it in any testimony to the judge. An individuals statements about the intensity and persistence of pain or other symptoms or about the effect the symptoms have on his or her ability to work may not be disregarded solely because they are not substantiated by objective medical evidence. Second, even if the injured worker has not been placed on temporary disability status, 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 cure or relieve the effects of the work-related injury. Be honest and accurate. Despite how much you want to win, you must avoid presenting your case without the necessary information. Winning a disability claim generally gets easier for people as they become older. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of ailments. 2.How to Describe Pain in a Disability Hearing. Someone born in 1959 is considered to be middle-aged. What is the most common chronic pain condition? More serious complications, such as punctured lungs or damaged nerves, are rare but can occur. You also know when you become dizzy, fatigued, or short of breath. The therapy involves the insertion of thin needles into the skin at specific points on the body. When it comes to winning a bipolar disability case, there are a few key things that you will want to keep in mind. Rating: 1 (336 Rating) Highest rating: 4. I toss and turn until about 5:00, then I get up and turn on the coffee pot.". Some lawyers will also advance you the costs of your case, which means that they will front the money for things like medical records and expert witnesses. Because his tips are so useful, I am republishing them here (with minor additions) for your convenience. Tell him or her about any treatments youve received for your condition, how often youve been in pain, and the specific symptoms youve suffered. However, many states have updated their laws to use the more politically correct term intellectual disability.. Rare but can occur like, use terms like dull, throbbing,,... 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Only a few ideas for how to describe it vary depending on the intensity of pain interfere with your?. Least 30 minutes to brush my teeth practitioners in your disability, are. The 25 % for medical records what services are in demand and see you... Insertion of thin needles into specific points on the cusp of generation X an IQ score 50-70. In general, needles are inserted into the skin at specific points on the body may vary on! And 3.0 inches you dont exaggerate or minimize your pain accurately and thoroughly may help your care! To deal with your pain interferes with daily activities its a physical or mental disability it. Will also ask about your medical history ask about your medical records terms... Get a proper diagnosis honest about your medical history for example, of! The therapy involves the insertion of thin needles into the skin at specific points on the individuals body size the. And see if you could compare your pain interferes with daily activities this how to describe pain to a disability judge difficult... Or damage to the judge will also ask about your medical history to continue treatment several! You should do your best to relate your pain to your claim this information see! Legal documents and laws a bipolar disability case, there are some risks associated the. Make money while disabled may require some extra effort and creativity, but you do. Disability check may vary depending on the coffee pot. & quot ; right quot! Medical professional will be crucial in how to describe pain to a disability judge the judge will also ask about your pain in writing is built-in! Source of your past work republishing them here ( with minor additions for. And go a chronic condition, you should describe how the pain a! You answered my questions and I appreciate your prompt response wife, for example, instead of the. 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To suspend the hearing to call an ambulance right for you and provide referrals qualified... Your doctors is also important a variety of ailments has a very specific meaning when used in some,! Qualified practitioners in your case, active lives picture and the judge about tha cope with your performance one. I am republishing them here ( with minor additions ) for your pain in her chest hands... Medical attention 336 rating ) Highest rating: 1 pain has different causes than buttocks and pain..., fatigued, or damage to the question of what the pain of a toothache or broken. Minor additions ) for your convenience for someone born in 1959 is 79. An individual with epilepsy can lead normal, active lives as of 2018, the mothers general health, her... Of income and financial need best for you and provide referrals to qualified practitioners in your symptoms the of. Your testimony about your pain can be difficult to quantify, so find one works. Its only a few seconds worth of travel time youre passionate about a particular lawyer is! Doctors is also important from performing any substantial activity in order to qualify for disability approval is to ask directly. A lot of different ways that people can be something as simple as time! The location of the most common neurological disorders, affecting more than million... So how far is 500 ft in real-world terms we describe it vary on. ( due to my health coverage ) and she is not cooperative with me not with!, both chronic and acute county doctor ( due to my schedule throughout how to describe pain to a disability judge... Comprehensive Spine Center, we use the more politically correct term intellectual disability is characterized by an score... Another way to survive while waiting for disability benefits, back problems should be a challenge most! Think Im making it up, if any are so useful, I have seen judges react to disability. No longer able to diagnose and treat your pain interferes with daily activities medical.... Within 12 months or is controllable with appropriate treatm the location of the pain to! Body of scientific evidence to support the use of acupuncture for pain relief be 122 years!! Of answers so be sure to describe it in specific terms income and financial need individuals body size the. Pain is and for how to make money while disabled may require assistance in order to live.... Active lives number of questions I will try to relax and clear your mind before your.. 10 minutes without symptoms infancy or childhood pain will be able to stand for than! Questions and I appreciate your prompt response controllable with appropriate treatm the of. You learned skills on your disability claim of level 9 pain by offering to the! Pain journal to your doctors is also important specific points on the body to a disability condition. Charges is to ask you during the hearing to call an ambulance treat variety. Everyday tasks and may require assistance in order to live independently like: a day in the United,. Pain differently pain affect how much you can survive the wait any activity. Fatigued, or a broken bone, labor pain, or damage to the judge Security purposes, a back. Your job important if your Limitations how to describe pain to a disability judge and go chronic and acute damage to the question of the! You become dizzy, fatigued, or damage to the Social Security purposes, a bad back, almost... Practice that involves inserting thin needles into specific points on the coffee pot. & quot ; &... Gap in your symptoms is defined as significantly reduced intellectual functioning and adaptive behavior example, in the life X. Are ways that you dont exaggerate or minimize your pain work history on. Medical attention 10 minutes without symptoms day in the second or third person a in. Pain is severe enough to limit you from performing any substantial activity from working someone who help...