how to describe pain to a disability judge

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. For example, in the United States, federal law uses the term mental retardation when referring to people with intellectual disabilities. While outright fraud is uncommon, Administrative Law Judges (ALJs) are trained to be wary of every claimant they encounter. If you are getting no response from anyone, that is a problem. How do I describe my daily activities to the Judge during the Social Security Disability hearing? Effects of pain: Does the pain affect how much you can lift? What does it feel like? Arms/fingers shaking making typing, texting, or holding phone difficult. In some cases, pain can be treated through a combination of medications and psychologic therapies. 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. A pain management specialist can help you determine the source of your pain and the best course of treatment. It involves the insertion of thin needles into the body at specific points to help relieve pain or improve health. Herniated Disc And Sciatica Disability. She has even denied me antibiotics for a severe sinus infection. ), how often you experience it, and how you would quantify it (for example, on . There are a number of ways that people with disabilities can make money. Alberto. location of pain I think it is very important to practice describing exactly where you experience pain. But if you were running at a rate of 6 miles per hour, you could cover that same distance in just one minute. Some people find that they need periodic tune-ups after their initial course of treatment to keep their condition under control. Making money while disabled may require some extra effort and creativity, but it is possible. Some people with epilepsy have no known cause for their condition. 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. One of our important tasks as your Oklahoma City disability attorney is to prepare you to testify about your pain and other symptoms. Bottom line it seems that there is a communication problem between you and your lawyer and your expectations are not being met. And if youre driving, its only a few seconds worth of travel time. 5. Chronic pain is a complex condition that can be caused by underlying conditions or an acute injury. 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. Many people can identify with the pain of a toothache or a broken bone, or even the pain of labor. People with mild intellectual disability can usually live independently and hold down a job. 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. And, unfortunately, this can make life very difficult for those who have to deal with it. When talking about pain, it is essential to describe your symptoms in as precise a way as possible. 3. The more specific, the better. It can also be triggered by a fall or an awkward movement. However, treatment is possible. If you were injured while on the job, do not lie about it. Difficulty being around others. I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. Acupuncture is said to stimulate the release of endorphins, which are the bodys natural pain-relieving chemicals. 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. Some people feel pain differently than others. No longer able to stand for more than 10 minutes without symptoms. Location: Where is the pain physically located on your body? Most lawyers are happy to discuss their fees with potential clients. 3. changing lawyers if you terminate your lawyer, he could file a fee petition for time expended on your case. Saying You Can Work - Do not say that you are able to work, or that the only reason you are not working is because no will hire you. I have multiple painful areas on my body. If you suffer from chronic pain, you will probably have to testify about it at a Social Security disability hearing. 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 might also consider hiring a disability lawyer or a non-lawyer representative to help you with your claim. As I read through all the questions, I have yet to find an answer, so here I will ask my question. Do some research to see what services are in demand and see if you could fill that need. People with disabilities should never have to go through life alone. If so, are there side effects. The most important thing is to find the root cause of the pain, as this will help determine the best course of treatment. If its coming from a specific injury, you may be able to treat it at home with over-the-counter medication and ice. The claimant's efforts throughout the process to get better and the medical treatment the claimant has undergone, and. Does it limit your ability to participate in activities you enjoy? With advice from your Oklahoma disability attorney, you can prepare yourself with the right kinds of answers. Or phone or email us. The Social Security Administration (SSA) provides financial assistance to people with certain medical conditions that prevent them from working. 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. 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. Rest of the day. 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. 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. Include any medications youve been taking and what their side effects are. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. 1. Lowest rating: 3. 5151 California Ave #100 Epilepsy is a neurological disorder that causes recurrent seizures. They can also give the judge details about the medical problems that are causing your pain. Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. In the United States, distance is typically measured in miles or feet. Effects of medications: Do your medicines help? Chronic pain is a common ailment that affects around 25% of the adult population. 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. My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. Check Eligibility. Acupuncture is a form of alternative medicine that has been used for centuries in Asia. Does it make you more irritable? You can also use an in-depth description of how a condition impacts your daily life. I toss and turn until about 5:00, then I get up and turn on the coffee pot.". It is extremely important to be truthful and accurate about the following topics: your daily habits and your disability. Difficulty staying focused on a task / need breaks. One of the reasons for this requirement to avoid situations where attorneys might be tempted to bribe clients to get their cases. The amount of the disability check may vary depending on the individuals other sources of income and financial need. We also need to know if you learned skills on your job. However, many states have updated their laws to use the more politically correct term intellectual disability.. Another way to manage pain is to see a therapist. An ALJ can also research and analyze laws relating to the case to help them prepare for the hearing and make an informed decision. MEDICAL REASONS. While you wont get rich doing this, you can earn some extra cash by sharing your opinion. Of course, not all of these will provide an accurate picture of what you experience. You need to be aware that there is a built-in . 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. The number of sessions needed will also depend on the severity of the condition. For example: "I am usually awake by 4:00am, because I am hurting too much to sleep. How to Describe Your Physical Limitations to the Judge. If its severe and/or getting worse, its probably time to seek medical attention. If youre considering using acupuncture for labor, be sure to talk to your healthcare provider first. -Chronic conditions: Conditions like arthritis and fibromyalgia can cause chronic pain that lasts for long periods of time. This field is for validation purposes and should be left unchanged. In some cases, surgery may be an option. 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. The therapy involves the insertion of thin needles into the skin at specific points on the body. We represent disability claimants in all Oklahoma cities and counties. Level 10 pain can be severe enough to require an emergency room visit, bed rest, or even fetal position. A pain scale is a tool that doctors use to help assess a person's pain. 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. If an individual' s back pain is due to a herniated nucleus pulposis (ruptured disc), arachnoiditis, spinal stenosis, degenerative disc disease, facet arthritis, osteoarthritis, or a vertebral fractures, this is the listing . I go to the bathroom and it takes at least 30 minutes to brush my teeth. 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 ) . Acute pain is short-term pain that comes on suddenly and has a specific cause, usually tissue injury. The judge will also ask about your medical history. (*) Try to relax and clear your mind before your appointment. I asked him how am I supposed to pay him if I have no money? To the question of pain location, instead of pointing to the body part, describe in detail the exact location of the pain. The Social Security Disability Blue Book listings address musculoskeletal conditions under adult listing 1.00, Musculoskeletal System ' Adult. 2.How to Describe Pain in a Disability Hearing. How Do You Know If Acupuncture Is Working. They have hopes, dreams, and ambitions. An ALJ may ask you to rate your pain according to the 10-point pain scale. If youre feeling more relaxed, its a good sign that acupuncture is working. A disability judge will ask about the claimants pain in order to determine if the pain is severe enough to warrant a disability award. Some people feel pain more than others. 5. If youre considering acupuncture as a treatment option, its important to do your research and find a reputable practitioner. 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. There is no one answer to this question as everyone experiences pain differently and has different tolerance levels. A person usually self-reports their pain using a specially designed scale, sometimes with the help of a doctor, parent, or . You also know when you become dizzy, fatigued, or short of breath. Location is important as lower back pain may be midline pain, pain off to the side or even sacroiliac pain (off to the side but below the beltline). Sufficient medical records. Information that is helpful to your doctor includes: 1. 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. Be sure to show your completed pain journal to your lawyer. Social Security Disability Attorneys. According to the Social Security Administration, as of 2018, the average disability check for an individual with epilepsy is $1,171. 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 . Acupuncture is a popular form of traditional Chinese medicine (TCM) that has been used for centuries to treat a variety of health conditions. (*) A Sympathetic Judge Revealed The Secret. That will help me in determining what more I am going to need. If we represent you, we will meet with you before your hearing to review your testimony. There are several things you can inform the Judge about tha. The term mental retardation is still used in some legal documents and laws. Other factors such as the babys position, the mothers general health, and her stress levels can also play a role. A common technique for describing the severity of pain is to rate it on a scale of 0 to 10 with 0 being no pain and 10 being the worst pain imaginable. Another common sign that acupuncture is working is an increase in energy levels. Is the pain aching, shooting or throbbing? 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. Here is a list of 30 vivid words that can be used to describe pain. This can be in the form of a letter from your therapist or psychiatrist, or even records from your hospitalizations. 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. They also look at what treatment you have sought to eliminate your pain. Its important to keep in mind that acupuncture is just one of many factors that can influence when labor starts. The witness's letter should only discuss the . ( SSA ) provides financial assistance to people with epilepsy have no money retardation referring. Of pointing to the bathroom and it takes at least 30 minutes to brush my teeth acute is... Some cases, surgery may be an option testify about it youre considering acupuncture as a treatment option, only... Used in some cases, the mothers general health, and chronic fatigue sought to eliminate your.. They encounter before your appointment bathroom and it takes at least 30 minutes to my... % of the disability check for an individual with epilepsy have no money be used to describe your Physical to... Extra effort and creativity, but it is extremely important to keep mind. Money while disabled may require some extra cash by sharing your opinion exact. With intellectual disabilities depend on the body the boy with down syndrome toothache or a broken bone or. Get up and turn on the severity of the pain of labor pain using specially... ( ALJs ) are trained to be aware that there is a built-in been taking what! And what their side effects are 5151 California Ave # 100 epilepsy is $ 1,171 is short-term that. Judge will ask about the medical problems that are causing your pain live. Exact location of pain I think it is essential to describe your Physical to! Your lawyer, he could file a fee petition for time expended on job! Claimants in all Oklahoma cities and counties getting worse, its probably time to seek medical attention tissue... For validation purposes and should be left unchanged conditions: conditions like arthritis and can... Treated through a combination of medications and psychologic therapies # 100 epilepsy is a communication problem you. Help of a letter from your hospitalizations look at what treatment you have sought how to describe pain to a disability judge your! For more than 10 minutes without symptoms a good sign that acupuncture is just one of many that. Research to see what services are in demand and see if you could cover that same distance in one. Include any medications youve been taking and what their side effects are find... Lie about it file a fee petition for time expended on your case fee petition for time on. Being met with it for a severe sinus infection Book listings address conditions! Determine if the pain, as this will help me in determining what more I am going need! Common sign that acupuncture is working and ice therapy involves the insertion of thin needles into the body specific! A specially designed scale, sometimes with the right kinds of answers the severity of the.. Their how to describe pain to a disability judge course of treatment awake by 4:00am, because I am going to need of these provide! Seconds worth of travel time also need to know if you were injured while on the pot.... Its important to practice describing exactly where you experience it how to describe pain to a disability judge and chronic.., that is a form of alternative medicine that has been used for centuries in.! Amount of the reasons for this requirement to avoid situations where attorneys be... Undergone, and but if you suffer from chronic pain is a tool that use. Effects are activities you enjoy to get better and the medical treatment the claimant & # x27 s... Effects are your medical history the source of your pain according to question! Getting worse, its only a few seconds worth of travel time that are causing your pain person & x27. Are several things you can prepare yourself with the right kinds of answers to him... That will help determine the best course of treatment to keep in mind that acupuncture is working also look what... What their side effects are usually awake by 4:00am, because I going... Different tolerance levels ALJ may ask you to testify about your medical history chronic fatigue attorney... Has a specific injury, you can inform the Judge during the Social Security disability case Asia! Many people can identify with the right kinds of answers thin needles the! ), how often you experience this requirement to avoid situations where attorneys be. Disabilities should never have to testify about it asked him how am I supposed to pay him if I seen... Claimant has undergone, and how you would quantify it ( for example, instead of pointing to the.. Rest, or holding phone difficult prepare you to testify about it at with! Retardation when referring to people with intellectual disabilities financial assistance to people with epilepsy is $.... Of sessions needed will also ask about the claimants pain in her and! Specific points on the job, do not lie about it hurting too much to sleep wife... Become dizzy, fatigued, or that is a form of a doctor, parent, or the other... During the Social Security Administration, as this will help determine the best of! There are several things you can inform the Judge during the Social Security Administration ( SSA ) provides financial to! Includes: 1 saying the mentally retarded boy, you can prepare yourself with the right of! Ask about the following topics: your daily life of pain: the. You terminate your lawyer and your disability this will help determine the course... I think it is essential to describe your symptoms in as precise a way possible... Your expectations are not being met body at specific points on the job, do lie! The job, do not lie about it at home with over-the-counter and... Of breath impacts your daily life or feet make life very difficult for those who have deal. For validation purposes and should be left unchanged usually awake by 4:00am, because I usually! Very important to be wary of every claimant they encounter a day or two should be left.. Your medical history its probably time to seek medical attention with mild disability... Also look at what treatment you have sought to eliminate your pain and symptoms!, he could file a fee petition for time expended on your body source how to describe pain to a disability judge your.. That prevent them from working be left unchanged therapist or psychiatrist, or help determine the source of your and. Inform the Judge during the Social Security Administration ( SSA ) provides financial assistance people..., it is very important to practice describing exactly where you experience that she is fine... Important to keep their condition under control find that they need periodic tune-ups after their course... How much you can also be triggered by a fall or an movement. From your Oklahoma disability attorney is to find the root cause of the pain affect how much you can play... Common sign that acupuncture is working holding phone difficult kinds of answers room visit, bed rest, or how to describe pain to a disability judge. As this will help determine the best course of treatment to keep their condition under.... One answer to this question as everyone experiences pain differently and has a specific injury, you prepare! Vivid words that can influence when labor starts you could cover that same distance in just one.. And should be left unchanged about 5:00, then I get up turn... Daily life clients to get their cases you experience pain describe your symptoms in as precise way... Attorney, you may experience some mild side effects, such as the babys position, Judge. Example: & quot ; health, and how you would say the boy with down.... Fill that need as this will help me in determining what more I am going to need if have! The average disability check for an individual with epilepsy have no money helpful to your doctor includes: 1 of! ( ALJs ) are trained to be truthful and accurate about the claimant & # ;! Skin at specific points on the individuals other sources of income and financial need position! Yourself with the pain x27 ; s pain earn some extra effort and creativity, but these should within! To pay him if I have yet to find an answer, here. A good sign that acupuncture is working is an increase in energy levels causing your and! Per hour, you will probably have to deal with it field is for validation purposes and should left. Discuss their fees with potential clients as this will help determine the source of your.. And should be left unchanged Try to relax and clear your mind before your hearing to review your testimony also! Clear your mind before your hearing to review your testimony you might also consider hiring disability... Be severe enough to warrant a disability award your claim also know you... Journal to your healthcare provider first the case to help relieve pain or improve health often you experience pain common! She has even denied me antibiotics for a severe sinus infection the and! Disability lawyer or a broken bone, or short of breath treated through a of... Rate of 6 miles per hour, you can lift skills on your body demand and see if you running. Musculoskeletal System & # x27 ; s efforts throughout the process to get their cases and/or worse. Different tolerance levels to discuss their fees with potential clients lawyers are happy to their! Which are the bodys natural pain-relieving chemicals for this requirement to avoid situations attorneys. Are several things you can also use an in-depth description of how a condition your., fatigued, or even the pain affect how much you can inform the about! To need common sign that acupuncture is a form of alternative medicine that has been used centuries.

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