If necessary, you can also bring vocational experts or doctors to testify. Some people use essential oils, while others use acupuncture. 2. It is important to understand the meaning of the word and how to spell it correctly in order to avoid offending someone or using the wrong term in a sensitive situation. Or phone or email us. There are ways that you can survive the wait . If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. 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. 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. Log in. 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. answer this question by explaining why you cannot keep a job because of your disability. Notes jotted down are just fine. Frequency and Duration: It is painful all the time or just some of the time? There are four levels of intellectual disability, mild, moderate, severe, and profound. He or she may ask to see your medical records. 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. A level of ten means excruciating pain. By supplying such evidence, you can improve your chances of being considered a disability claimant. The amount of the disability check may vary depending on the individuals other sources of income and financial need. Remember that the judge is listening to you and also thinking about various easy, low-stress jobs. There are many ways that you can manage pain. Does it limit your ability to participate in activities you enjoy? ), how often you experience it, and how you would quantify it (for example, on . 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. It may even lead to anxiety and depression. How long you have had your pain; Where you feel the pain; Whether your pain is in one spot or spread out; How the pain feels and how severe it is But talking about it openly and honestly can help us to better understand and cope with our pain. It can be difficult to prove to a disability judge that you suffer from chronic pain. As I read through all the questions, I have yet to find an answer, so here I will ask my question. 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. Some people take medication, some people see a therapist, and some people use natural methods. The best way to determine if you are experiencing pain is to consult with a pain management specialist. It is said to promote healing and wellness by balancing the bodys energy. However, there are some risks associated with the procedure, such as bleeding, bruising, and soreness at the needle site. Mild intellectual disability is characterized by an IQ score of 50-70. Start a blog: If youre passionate about a particular topic, why not start a blog? People with severe intellectual disability will require help with all aspects of daily living and will need 24-hour supervision. 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. I have severe migraines and headaches. 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. Be prepared to answer questions about your disability and your medical history. 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. Medications? First, learn as much as you can about their condition. 3. But you may want to look through the list and make a note of the words that seem to best describe your pain. It can be the result of a long-term illness, or an injury. Lower back pain has different causes than buttocks and leg pain. After your acupuncture appointment, its important to rest and drink plenty of fluids. Thank you for any help you can provide. (By the way, if you're reading this, you might also want to check out my writer's guide to serious injuries and calamities .) People with disabilities should never have to go through life alone. How do you describe pain to a disability judge? When you describe the symptoms of your disability to the disability judge, you need to be very specific about where and how the pain occurs. For example, does moving in a certain way, or heat or cold aggravate your pain? What the judge needs to know is the severity of your pain and other symptoms caused by your medical and psychiatric conditions. This is particularly true for people over the age of 60. A medical professional will be able to diagnose and treat your pain in the most effective way possible. Although acupuncture is generally considered safe when performed by a trained practitioner, there are some risks associated with the procedure. When writing a disability letter, witnesses should include facts based on what they have seen first-hand; otherwise, it can be very easy for an ALJ to dismiss the letter. Making money while disabled may require some extra effort and creativity, but it is possible. Be honest and accurate. The most important way to answer an ALJ's questions is with honesty. 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. Here is a list of 30 vivid words that can be used to describe pain. Try to focus on the persons strength, and how the disability has made them a better employee. One way to convince the administrative law judge that you suffer from persistent and intense pain is to describe it vividly. Chronic pain, pain that will never be cured, may be the main reason you are unable to work. How long does the pain last? In the United States, distance is typically measured in miles or feet. Next, be an advocate for them. 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. While these two programs are different, the medical requirements are the same. Paint an accurate picture and the judge is more likely to believe you. Considerations When Applying for Social Security Disability, Social Security Disability Process: The Five-Step Sequential Evaluation Process. To make this decision, we need to know how you did your job. Pain caused by such conditions can be chronic, since it continues to affect a person long after the initial injury has healed. Information that is helpful to your doctor includes: 1. It wasnt until the 1960s that the word started to be used as an insult. Epilepsy is one of the most common neurological disorders, affecting more than 3 million Americans of all ages. Some claimants, possibly worried that the ALJ won't understand their struggles, feel the need to overstate their symptoms. 1. Acupuncture is a popular form of traditional Chinese medicine (TCM) that has been used for centuries to treat a variety of health conditions. If you suffer from chronic pain, you will probably have to testify about it at a Social Security disability hearing. Common causes of acute pain include: 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. Stayed on the couch w/ice and pain meds. Another common sign that acupuncture is working is an increase in energy levels. Author: firstcoastaccidentlawyers.com. Its important to keep in mind that acupuncture is just one of many factors that can influence when labor starts. Be careful to avoid exaggeration when using this technique. A pain scale is a tool that doctors use to help assess a person's pain. This may include things like performance reviews from before and after your diagnosis, letters from your employer documenting any accommodation they have made for you, or even testimony from co-workers about how your condition has affected your job. You can use the 1-10 scale that doctors often employ, but that seems to be a bit of a dated approach. She has even denied me antibiotics for a severe sinus infection. Would your experience of pain interfere with your performance of one of these warm body jobs? Another common mistake claimants make when describing their daily activities is to simply give a schedule of your day without any information about your impairment. Effects of pain: Does the pain affect how much you can lift? It is important to work with a qualified acupuncturist to determine how often you should have acupuncture. The lawyer will usually take a percentage of your back pay and future benefits as their fee. It can be hard to remember on your own how you feel each day. This means that you worked long enough - and recently enough - and paid Social Security taxes on your earnings. Wear loose, comfortable clothing that wont restrict your movement. Acute pain tends to start out sharp or intense before gradually improving. Lyme Disease - Written by a disability advocate. You may also find it easier to sleep better and feel more rested. Does looking at a computer screen for an extended period of time result in migraine headaches? Moderate intellectual disability is characterized by an IQ score of 35-50. 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. However, proving your pain can be a challenge, especially since everyone experiences pain differently. In March of 2006 I fell down some stairs going down 25 steps to the ground. Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims process and during doctors visits as well. Finally, consider how long youve been dealing with the pain. Seeing a therapist can be very helpful for some people. There are a few things you can do to help figure out if your pain is manageable or if you need to seek medical help. When writing about someone with an intellectual disability, it is important to use people first language. Most judges wont believe you if you tell them you have a 10 pain level every day. If you are capable of working, you will not qualify for disability benefits. We searched through online forums and spoke with several acupuncturists to get a better understanding of this popular alternative therapy. 2.How to Describe Pain in a Disability Hearing. Describing physical pain in writing is a challenge that most writers face at one time or another. The second thing to keep in mind is that you need to be able to show how your bipolar disorder has impacted your ability to work. In fact, some adjudicators will often seize on something like this to justify denying a claim. Your email address will not be published. You may qualify for one or both of these programs. Thats why your testimony about your pain will be crucial in convincing the judge just how bad it is. Chronic pain is a complex condition that can be caused by underlying conditions or an acute injury. First, it is important to be as specific as possible when describing the pain. To recap, the question was " Describe what you do from the time you wake up until going to bed ". This is because their reports and records will be evaluated by the SSA. Be sure to show your completed pain journal to your lawyer. If youre filing for disability benefits, you need to know how to describe pain to a disability judge. Is it a sharp pain or a dull ache? You can also use words such as breakthrough pain or excrutiating, unrelenting pain. 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Although pain is a symptom and we easily recognize it when we experience it, pain is nevertheless hard to describe. Acupuncture is said to stimulate the release of endorphins, which are the bodys natural pain-relieving chemicals. To the question of pain location, instead of pointing to the body part, describe in detail the exact location of the pain. 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. So, how long after acupuncture did labor start? 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. 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. One of our important tasks as your Oklahoma City disability attorney is to prepare you to testify about your pain and other symptoms. 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. You dont say if your lawyer has a legal assistant or if that person is returning your calls. 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. A character might have a headache, give birth, or get injured in an accident or a battle. While outright fraud is uncommon, Administrative Law Judges (ALJs) are trained to be wary of every claimant they encounter. Does the pain burn? If so, are there side effects. In Japanese, pain is sometimes described as an oni, or demon, that must be vanquished. There are many different types of medication that can help with pain. You would have the right to contest that fee petition if you wanted to do so. 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. Attempting to explain medical details without the assistance of a lawyer is not the best idea. Light work allows lifting up to 20 pounds and frequently lifting and carrying . No longer able to make and eat 3 meals a day. Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. 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. This may include things like difficulty maintaining personal relationships, problems with self-care, or even financial instability. Some people take over-the-counter medication, and some people take prescription medication. In order to qualify for disability benefits, back problems should be a chronic condition. If the person asks you a question that is inappropriate for them, stay calm and steer the conversation to a topic they will understand. Sorry..I guess I had more than one question. 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. 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 cant do work because of your condition, you should make sure to explain this gap in your disability case. Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. Do you experience pain only when your skin is touched or when you try to move. 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. Chronic pain can make life difficult, preventing you from performing even simple tasks. 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. I am afraid to seek a different attorney due to the fact that I have been out of work since 2007 and am begging friends and family for bill money and I just got notice that ALJ office has recieved my request for an appeal (filed in August). Again, do your research to see what sort of consulting services are in demand and see if you could fill that need. If necessary, explain your disability and educate the interviewer. chronic conditions or those that have been present for a longer period of time may only need to be treated every other week or even once a month. You should include in your journal all the things that you cannot do now because of your . 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. When you go to a disability judge, you should be as truthful and detailed as possible. More serious complications, such as punctured lungs or damaged nerves, are rare but can occur. SS scale score 9. Of course, this is just an average and not everyone will live to this age. While there is no cure for epilepsy, it can be controlled in many people with medication and other treatments. 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. Finally, dont forget to mention any treatments you have tried for the pain and whether they have been successful. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. When interviewing a person with a disability, be sure to keep your tone neutral and nonjudgmental. In this situation, it may be necessary to hire a workers compensation attorney to help obtain approval for the necessary medical treatment. This can cause pain, numbness, and weakness in the legs and lower back. Thank you Mr. Ginsberg for clarifying my concerns. Generally speaking, ALJs look for: Credible claimant testimony. If your statements don't match your medical records, you will lose your credibility, then the judge's trust and, consequently, you won't get the benefits you are claiming for. Stayed on the couch w/ice and pain meds. My lawyer wanted me to tell him just 1 medical problem I have. Making decisions about people who suffer from chronic pain is one of the most troublesome of the problems faced by public and private insurers who determine eligibility for disability, including the Social Security Administration (SSA). There is no one-size-fits-all answer to how often someone should have acupuncture. Nature of the pain: What is the pain like? Some people will die before they reach their 79th birthday, while others will live much longer. Irvine, CA 92617, United States, Entire site copyright 2022 Optimized Attorney Symptom severity (SS) scale score 5 or WPI 3 - 6. intensity of pain for Social Security purposes, a person can work through a mild level of pain. Acupuncture can also help to reduce stress and anxiety levels. This could help him or her determine which questions to ask you during the hearing. 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. In terms of popular culture, someone born in 1959 would have grown up watching The Flintstones and The Brady Bunch on television. 4. That depends on a number of factors, including your health condition, the severity of your symptoms, and your response to treatment. Social Security Disability Attorneys. Pain is subjective and can be hard to describe. While it's important to be honest, certain levels of pain mean different things to different people. The oldest person ever recorded was Jeanne Calment, who lived to be 122 years old! Pain pounds in my head. Be candid about your strengths as well as about your limitations. -Emotional stress: Stressful life events or trauma can lead to pain, both physical and emotional. And if youre driving, its only a few seconds worth of travel time. 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