how to describe pain to a disability judge
Whether your soreness and irritation is localized (in a knee, lower back, shoulders, abdomen, etc.) Your email address will not be published. He said it was the best answer he’d ever heard. Effects of pain: Does the pain affect how much you can lift? Be sure to include things such as pain level, daily limitations, and medicines taken (and side effects). Be realistic when rating your pain. For example: Where do you feel the pain? Finally, describe the degree of severity of your symptoms— such as inability to stand for more than 30 minutes because of back pain, inability to walk more than two blocks due to leg pain, or shortness of breath. Put the truth out there and be clear about how bad it really is. Thank you Mr. Ginsberg for clarifying my concerns. Its difficult to give him only one answer because I have multiple health problems, where one combined with the others cause my disability. All individuals have experienced some degree of pain at some point throughout life. The disability attorney is likely to have significant knowledge as to what the judge might require of the claimant during the hearing and what are the other relevant information that needs to be furnished in front of the judge at the time of hearing to win a disability claim for ankle pain. Author: lawyeradmin. 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. I will also tell you that some lawyers will not accept cases where there has been a previous lawyer because filing a fee petition is time consuming and it delays payment of the fees. In fact, being able to elaborately describe your pain during the claims process is essential to getting a favorable ruling. One way you can do this by starting your sentences using the magic words. Includes guidelines for a physician plus a sample letter. 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. My day depends on how intense the pain is and for how long. 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. Forget about the judge, for now. Be prepared to give specific examples of mental limitations and their affects on your everyday life. This can be used to evaluate patients initially to monitor them over time and to judge the effectiveness of interventions. Does your pain affect your ability to read any type of written correspondence, whether it be a book or letter? 2. lawyer not returning calls – I do think it is reasonable for you to expect your lawyer to update you as to the status of your case. Indianapolis Attorney Scott Lewis often finds himself talking to his clients in depth about the pain they are experiencing. The disability attorney is likely to have significant knowledge as to what the judge might require of the claimant during the hearing and what are the other relevant information that needs to be furnished in front of the judge at the time of hearing to win a disability claim for ankle pain. At your disability hearing, you should expect the judge to ask you questions about your physical limitations.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. How often do you feel the pain? I do not have “typical days” anymore. (*) I’ve had chronic pain since and feel my Doctors are no longer listening to me. Even when objective medical evidence indicates a problem, the pain or other limitations a person experiences may be much worse than the medical evidence suggests. 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 client’s chart might reflect something like: “Patient stated that she is doing fine today.” The word “fine” does not win a social security disability case. Triggers: What events trigger your pain, if any? Again, it helps to be clear and specific when testifying. In order to be successful with your VA disability claim, you have to know what the VA is looking for. Almost every Social Security disability case involves some complaint of pain. In fact, some adjudicators will often seize on something like this to justify denying a claim. Disability Insurance Contributors. Because a rating scale can be subjective, it may help your case to supply details of what constitutes pain at a level one verses level 10. To determine chronic pain disability, the SSA enlists medical-vocational rules, which vary according to age. The medical records will talk about the source of the pain.) Your activities should not be equivalent to work but you will not be penalized if you maintain some form of routine. Location: Where is the pain physically located on your body? With that in mind, disability lawyer Scott Lewis believes it is very important to describe the pain you feel as accurately as you possibly can. Keep in mind that describing your pain in simple words is not enough. Many doctors use a 0-to-10 pain scale. Describing the pain. Some disability lawyers recommend to answer questions by describing your worst day, and giving an estimate of how often you have bad days. Be careful to avoid exaggeration when using this technique. Even if you have a solid claim, remember that this is an appeal from a denial. I have low, medium, or high pain days. You answered my questions and I appreciate your prompt response. 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. Scott D. Lewis is proud to offer free consultation to any and all who believe they may need legal assistance. You need to be able to describe your pain on a scale of one to 10. Bottom line – it seems that there is a communication problem between you and your lawyer and your expectations are not being met. Do you count ceiling tiles? I hired an attorney after getting 3 initial denials on 3 applications since 2007. Frequency and Duration: It is painful all the time or just some of the time? “What do you do all day?” MANY people with disabilities answer “nothing.” But, this is usually not a sufficient answer. Therefore, pain—even severe chronic pain that is disabling—will not qualify you for disability benefits unless your medical record includes things like lab tests, x-rays, and/or the results of a physical exam that show there is a physical impairment that could reasonably be expected to produce your symptoms. Choose your words cautiously – even while at the doctor – especially if your words relate to describing how you are feeling.