how to describe pain to a disability judge

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It can also be triggered by a fall or an awkward movement. 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.. 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? 5. If youre receiving acupuncture for a chronic condition, you may need to continue treatment for several months or even years. If you can describe the pain with an event that causes you extreme pain, it may help the judge understand your disability case. Common causes of acute pain include: Bottom line it seems that there is a communication problem between you and your lawyer and your expectations are not being met. People with profound intellectual disability will need constant care and support. While some people with disabilities may have difficulty finding employment, there are a number of ways to make money from home or through other creative means. You can use the 1-10 scale that doctors often employ, but that seems to be a bit of a dated approach. However, if you do not have the answers, you should try to answer the questions as honestly as possible. One of the most difficult things about having a disability is trying to live a normal life. With the right support, they can accomplish anything they set their mind to. For example, if the pain is caused by inflammation, anti-inflammatory medication may be prescribed. I have only met him once and during that visit, he belittled me to the point of me breaking down in tears. 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 . Absence of another disorder that would otherwise explain the pain. If we represent you, we will meet with you before your hearing to review your testimony. You can also describe your pain in terms of how it is aggravated or alleviated by lying in a specific position. Does it make you more irritable? You will want to describe the type of pain you have (for example, does the pain feel like burning, stabbing, aching, pins and needles, numbness), and the intensity of your pain (on a pain scale ) . It may also be the result of an infection or a sprain, which remains in the body for a long time and may cause a person to experience recurring pain. We also need to know if you learned skills on your job. If your disability isnt directly related to the requirements of the job, do not mention it. I dont expect an answer or response, I just want to share the situation I am thrown into. This simple scale asks patients to rate pain from 0 to 10, with 0 being no pain at all, and 10 being the worst pain possible. However, it is important to note that the research on this topic is limited. 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. The most common complication is pain at the site of needle insertion. Advocates of acupuncture believe that this stimulates the bodys natural ability to heal itself and can be used to treat a wide variety of physical and mental conditions. Lower back pain has different causes than buttocks and leg pain. 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. So how often should you get acupuncture? Some people find that they need periodic tune-ups after their initial course of treatment to keep their condition under control. Ive been in such pain since 2006. To make this decision, we need to know how you did your job. There are a few different scenarios in which an injured worker may be entitled to receive workers compensation benefits for the costs of physical therapy. Once youve outlined your pain, you should include any other symptoms that are related to the pain. Be candid about your strengths as well as about your limitations. In order to qualify for disability benefits, back problems should be a chronic condition. As an experienced Oklahoma disability attorney, I understand how disabling pain can be. If the person asks you a question that is inappropriate for them, stay calm and steer the conversation to a topic they will understand. Paint an accurate picture and the judge is more likely to believe you. It involves the insertion of thin needles into the body at specific points. Describe Your Pain Realistically. She has even denied me antibiotics for a severe sinus infection. He or she may ask to see your medical records. How Long After Acupuncture Did Labor Start. In some cases, surgery may be an option. They could have heart problems, a bad back, diabetes almost anything. The following list offers advice to help you prepare for your disability hearing but is by no means complete. fatigue or depression. Some women use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor. Of course, this is just an average and not everyone will live to this age. 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. Once they are out the door, I go back to bed until about 1:00pm.". 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. There are four levels of intellectual disability, mild, moderate, severe, and profound. 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When you are in pain, it can feel like all you can think about is the pain itself. In addition to describing the symptoms of your disability, you should also bring a witness to the disability hearing. Lowest rating: 3. 3. Finally, consider how long youve been dealing with the pain. Winning a disability claim generally gets easier for people as they become older. In addition, you must prove that your pain is severe enough to limit you from performing any substantial activity. 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. Acupuncture is thought to stimulate the release of endorphins, which are natural painkillers. 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. Would your experience of pain interfere with your performance of one of these warm body jobs? Please contact us at. Does the pain affect your ability to interact with your children or spouse? The Social Security Administration (SSA) provides financial assistance to people with certain medical conditions that prevent them from working. Start a blog: If youre passionate about a particular topic, why not start a blog? Where is it located? What do the medications help with? The most important thing is to find the root cause of the pain, as this will help determine the best course of treatment. It may even lead to anxiety and depression. Your email address will not be published. Of course, not all of these will provide an accurate picture of what you experience. I will illustrate how my days vary widely and without any warning. How Long After Acupuncture Did Labor Start Forum. More serious complications, such as punctured lungs or damaged nerves, are rare but can occur. (If you can't meet #2, then you must meet #3 to have a valid disability for anxiety claim.) 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. Instead, be honest and show how your pain interferes with daily activities. I asked him how am I supposed to pay him if I have no money? Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. Using a pain scale. Sorry..I guess I had more than one question. The most important thing about a Social Security disability hearing is to tell the truth. 8. mid and lower back / sharp shooting. Generally speaking, ALJs look for: Credible claimant testimony. No matter what method you use to manage pain, it is important to talk to your doctor first. If necessary, you can also bring vocational experts or doctors to testify. Some people feel pain differently than others. Most lawyers are happy to discuss their fees with potential clients. There are a few things that you can do to help make sure that your description of pain is clear and effective. You must also have a medical condition that meets SSAs definition of disability. Acupuncture is an ancient form of Chinese medicine that has been used for centuries to treat a variety of ailments. Alberto. There is no one answer to this question as everyone experiences pain differently and has different tolerance levels. Acute pain tends to start out sharp or intense before gradually improving. They can also help you find other ways to cope with your pain. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. Another good way to explain your pain is to compare it to a painful event. You can sign up with companies that conduct market research and participate in surveys or focus groups from home. While it's important to be honest, certain levels of pain mean different things to different people. This is because their reports and records will be evaluated by the SSA. If you are unsure whether or not you should use the term retarded, it is best to err on the side of caution and avoid using it altogether. Conditions that are acute or have been present for a shorter period of time will generally require more frequent treatments. Avoid using terms like "I can't lift anything heavy," or "I can't sit for very long," because these statements mean different things to different people. It helps to give examples of the pain and rate the intensity on a scale of one to ten. Taking sheets off bed. Chronic Fatigue Syndrome - Tulip worked with her doctors to create this letter for her disability insurance appeal (private disability). However, there are some general tips that can help. One way to manage pain is to take medication. The Diagnostic and Statistical Manual of Mental Disorders (DSM) is the standard reference book for mental health disorders. Required fields are marked *. Your ability to effectively describe your pain to your doctors is also important. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. Do events such as walking result in pain? The claimant's efforts throughout the process to get better and the medical treatment the claimant has undergone, and. This is especially important if your limitations come and go. 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. After your acupuncture appointment, its important to rest and drink plenty of fluids. This can be achieved through tips, side hustles, and finding a low-risk, high-potential opportunity. Be sure to include things such as pain level, daily limitations, and medicines taken (and side effects). 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. Level 9 or 10 pain means childbirth or kidney stone pain. 1. There are also many natural methods that you can use to manage pain. There is no hearing for the SSA, as there is for impeachment. The word retarded is often used as a derogatory term to describe someone who is perceived as unintelligent or slow. You need to think about an appropriate description. Does it limit your ability to participate in activities you enjoy? However, most people dont experience pain of that level all the time. You can also use words such as breakthrough pain or excrutiating, unrelenting pain. 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. They can help you figure out what method is best for you. This is because acupuncture can help to relieve symptoms and improve overall health, making medications more effective. The only way to survive while waiting for disability approval is to keep a steady stream of cash coming in. There are a number of ways that people with disabilities can make money. The interviewer will also ask about your medications and other medical tests. Rating: 1 (336 Rating) Highest rating: 4. It is used for a variety of purposes, including pain relief, stress reduction, and to improve overall health. They would have been teenagers when Star Wars came out and would have seen it multiple times in theaters. This would include telling the judge what type of pain you experience (burning, stabbing, etc. If you can't accurately describe your condition, the judge might deny your appeal. Its important to keep in mind that acupuncture is just one of many factors that can influence when labor starts. 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. Acupuncture needles are inserted into the body to a depth of between 0.3 and 3.0 inches. he just shrugged. 2. 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. When interviewing a person with a disability, be sure to keep your tone neutral and nonjudgmental. 8. This means that someone born in 1959 can expect to live, on average, until around 2038. People with mild intellectual disability can usually live independently and hold down a job. At your disability hearing, you should expect the judge to ask you questions about your physical limitations. If you are getting no response from anyone, that is a problem. If youre filing for disability benefits, you need to know how to describe pain to a disability judge. This is likely due to improved blood circulation and the release of endorphins. Doctors and therapists use a pain scale that ranges from one to ten. Paint an accurate picture and the judge is more likely to believe you. 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 clients chart might reflect something like: Patient stated that she is doing fine today. The word fine does not win a social security disability case. 5151 California Ave #100 How long can you sit, stand or walk? Frequency and Duration: It is painful all the time or just some of the time?

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how to describe pain to a disability judge