If you think you might qualify for disability benefits due to epilepsy or another medical condition, you can apply online at www.socialsecurity.gov/disabilityssi/. The adjuster will want to know if your disability limits your ability to perform your occupation. No longer able to shave legs. If you take medication for your pain, it is important to follow the directions on the bottle. Is it a constant ache that progresses to spasms as it evolves? To make this decision, we need to know how you did your job. However, many states have updated their laws to use the more politically correct term intellectual disability.. If you're opting to represent yourself, it's important to be aware of some of the most common disability judge trick questions. 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. Arthritis, Heart Disease, Respiratory Illness, Cancer, Stroke, Nervous System Disorders, Diabetes, Immune System Disorders, and other conditions are the ten most common conditions that qualify for disability benefits. However, if you are experiencing pain that is severe, persistent, or interfering with your daily activities, it is important to see a doctor. The only way to survive while waiting for disability approval is to keep a steady stream of cash coming in. 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. No longer able to stand for more than 10 minutes without symptoms. Exaggerating Your Symptoms - You should not exaggerate your symptoms. 3. Triggers: What events trigger your pain, if any? There are a few different ways that disability lawyers get paid. We need to find out about your past work to decide if you can still do it. If you're working with an Augusta Social Security disability attorney, be prepared to explain the nature and extent of your physical symptoms in a hearing. Start a blog: If youre passionate about a particular topic, why not start a blog? I have only met him once and during that visit, he belittled me to the point of me breaking down in tears. The practice involves the placement of thin needles into the skin at specific points on the body. There are four levels of intellectual disability, mild, moderate, severe, and profound. Describing your pain in detail may help a Social Security disability client win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. Acupuncture is a form of alternative medicine that has been used for centuries in Asia. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. 4. Difficulty concentrating or thinking. 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. Does lying or sitting in a certain way help? The most important thing is to find the root cause of the pain, as this will help determine the best course of treatment. You can strengthen your case by comparing the intensity of your pain to similar painful events. It can also be triggered by a fall or an awkward movement. What do the medications help with? However, treatment is possible. Nature of your pain is it throbbing or sharp? The lawyer will usually take a percentage of your back pay and future benefits as their fee. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Consultations are always 100% FREE & 100% CONFIDENTIAL. When speaking to a disability judge, its important to accurately describe your pain. If its been more than a few days and youre not seeing any improvement, its a good idea to make an appointment with your doctor. https://www.detroitdisability.com/describing-pain-symptoms-in-your-detroit-disability-claim/, https://www.socialsecuritydisabilitylawyer.us/blog/2012/02/social-security-disability-law-subjective-pain.html, https://www.socialsecurityinsider.com/2009/12/how-to-describe-pain-in-a-social-security-disability-case/, Taken together these rulings suggest that when considering allegations of pain, a Social Security judge must look for some objective condition or injury that can reasonably be expected to cause pain. How would you describe pain to a disability 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. People with profound intellectual disability will need constant care and support. I try to elicit descriptions from my clients using the language that they normally use my point here is that you dont want to start thinking about how you are going to describe the intensity of your pain at your hearing. This means putting the person before their diagnosis or condition. It can be difficult to prove to a disability judge that you suffer from chronic pain. Acute pain is short-term pain that comes on suddenly and has a specific cause, usually tissue injury. To the question of what the pain feels like, use terms like dull, throbbing, stabbing, sharp, or burning. All individuals have experienced some degree of pain at some point throughout life. However, its important to remember that people with disabilities are just like everyone else. You answered my questions and I appreciate your prompt response. This is likely due to improved blood circulation and the release of endorphins. Social Security Disability Attorneys. 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. You should include the frequency and duration of the pain and also explain when the pain starts and when it gets worse. Try to focus on the persons strength, and how the disability has made them a better employee. Your email address will not be published. Information that is helpful to your doctor includes: 1. Some people feel pain differently than others. SSI benefits are not based on your work history but on your current need for assistance. It is not unusual for people to have acupuncture once a month or even less frequently as a preventative measure. How to Describe Your Physical Limitations to the Judge. Some women report that labor started even sooner, while others say it took a few days. Wear loose, comfortable clothing that wont restrict your movement. 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. The Diagnostic and Statistical Manual of Mental Disorders (DSM) is the standard reference book for mental health disorders. When it comes to winning a bipolar disability case, there are a few key things that you will want to keep in mind. Where is it located? 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. There are different types of pain. In some cases, surgery may be an option. Check Eligibility. It feels like someone stabbing the back of my head. Making money while disabled may require some extra effort and creativity, but it is possible. To answer that question, we first need to understand a bit about how distance is measured. Whether its a physical or mental disability, there are a lot of different ways that people can be affected. 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. 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. Be sure to include things such as pain level, daily limitations, and medicines taken (and side effects). Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions. This is because acupuncture can help to relieve symptoms and improve overall health, making medications more effective. 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. Notes jotted down are just fine. If you are capable of working, you will not qualify for disability benefits. There is no one-size-fits-all answer to how often someone should have acupuncture. Also, how will I know what extra med records he has gotten? Acupuncture is generally considered safe when performed by a trained and licensed practitioner. 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. Try to relax and clear your mind before your appointment. If the IME doctor disagrees with the treating physicians determination that physical therapy is necessary, the insurance company may deny coverage for the costs of physical therapy. The most important way to answer an ALJ's questions is with honesty. Acupuncture can help to reduce the frequency and severity of migraines, for example. Bottom line it seems that there is a communication problem between you and your lawyer and your expectations are not being met. The use of the word as a slur likely came about because it was seen as a medical diagnosis rather than a descriptor of someones personality or intelligence. Does it make you more irritable? Once they are out the door, I go back to bed until about 1:00pm.". Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. If you were injured while on the job, do not lie about it. Another way to manage pain is to see a therapist. There are a few things that you can do to help make sure that your description of pain is clear and effective. Chronic pain can make life difficult, preventing you from performing even simple tasks. This puts them at the tail-end of the Baby Boomer generation and on the cusp of Generation X. 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. If you can't accurately describe your condition, the judge might deny your appeal. The therapy involves the insertion of thin needles into the skin at specific points on the body. She has even denied me antibiotics for a severe sinus infection. How do you describe pain to a disability judge? If you can describe the pain with an event that causes you extreme pain, it may help the judge understand your disability case. There is no hearing for the SSA, as there is for impeachment. Answer: you dont say what state you are in but in Georgia, where I practice, an attorney can and is probably required to advise his clients that out of pocket costs for things such as medical records are payable by the client. 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 the person asks you a question that is inappropriate for them, stay calm and steer the conversation to a topic they will understand. This field is for validation purposes and should be left unchanged. 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. We all know the feeling. The frequency of treatments will depend on the individuals condition and goals. Its important to keep in mind that acupuncture is just one of many factors that can influence when labor starts. Is the pain aching, shooting or throbbing? But talking about it openly and honestly can help us to better understand and cope with our pain. In terms of politics, someone born in 1959 would have been too young to vote in the JFK election but would have been old enough to vote in Nixons re-election. Some people with epilepsy have no known cause for their condition. Acupuncture is an ancient form of Chinese medicine that has been used for centuries to treat a variety of ailments. 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? 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. Taking too much medication can be dangerous. Second, it is helpful to use comparisons to help explain the pain. 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. 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. 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. We need this information to see if you can do any of your past work. 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. If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. Does looking at a computer screen for an extended period of time result in migraine headaches? Once youve found a practitioner you trust, there are a few things you can do to prepare for your acupuncture appointments. (*) The SSA will even consider phantom pain, as in the case of an amputation. 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. Some people find that they need periodic tune-ups after their initial course of treatment to keep their condition under control. If your disability isnt directly related to the requirements of the job, do not mention it. 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. It is extremely important to be truthful and accurate about the following topics: your daily habits and your disability. Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. Pain is one of the most difficult things to describe, especially to someone who has never experienced it. 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. The more specific, the better. The interviewer will also ask about your medications and other medical tests. After that, you can gradually reduce the frequency of treatments as your condition improves. Level 9 or 10 pain means childbirth or kidney stone pain. Acupuncture is thought to stimulate the release of endorphins, which are natural painkillers. Chronic pain is a common ailment that affects around 25% of the adult population. I go to the bathroom and it takes at least 30 minutes to brush my teeth. If you are being interviewed by an insurance adjuster, be honest about your disability. 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. An ALJ may ask you to rate your pain according to the 10-point pain scale. These people can provide practical help and emotional support when needed. Lyme Disease - Written by a disability advocate. 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. Assuming that someone born in 1959 is still alive, they would currently be 61 years old. One of the most difficult things about having a disability is trying to live a normal life. Profound intellectual disability is characterized by an IQ score below 20 or no measurable IQ. With the right support, they can accomplish anything they set their mind to. Fourth, relaxation techniques such as yoga, meditation, and deep breathing can help to ease both physical and mental tension. Taking sheets off bed. Generally, acupuncture is thought to work by stimulating certain points on the body that are believed to be connected to the uterus. 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. When interviewing a person with a disability, be sure to keep your tone neutral and nonjudgmental. 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. 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. Other than your medical records and possibly a medical expert, the only other information an Administrative Law Judge (ALJ) at your disability appeal may be able to rely . How Long After Acupuncture Did Labor Start. 8. Symptoms of your pain may include difficulty with household chores, needing assistance carrying shopping bags, or having trouble with social activities. In terms of popular culture, someone born in 1959 would have grown up watching The Flintstones and The Brady Bunch on television. No longer able to bath/shower regularly. With proper treatment, most people with epilepsy can lead normal, active lives. Here it goes: "It takes me at least 2 hours after waking up to get out of bed. If necessary, explain your disability and educate the interviewer. Acupuncture can also help to reduce stress and anxiety levels. If youre able to describe the exact location of your pain, youll be more convincing to a disability judge. You have fewer side effects from medication. What is the most common chronic pain condition? While outright fraud is relatively rare, judges are nevertheless trained to be skeptical about every claimant they see. Seizures are episodes of disturbed brain activity that can cause changes in behavior, sensations, and consciousness. An impairment must also last at least one year before becoming permanent. It may even lead to anxiety and depression. In some cases, pain can be treated through a combination of medications and psychologic therapies. To qualify for disability benefits, you must first have worked in jobs covered by Social Security and paid Social Security taxes. Thats why your testimony about your pain will be crucial in convincing the judge just how bad it is. 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. As Thomas suggests, pain can be hard to describe because 1) it is subjective and cannot be felt by others and 2) it is not a visible condition. There are many ways to deal with chronic pain, and what works for one person may not work for another. The "right" answers will lend vital credibility to your claim. This is usually mild and goes away quickly. It should be noted that, in all cases, the insurance company may request that the injured worker undergo a independent medical examination (IME) to determine whether the physical therapy is actually necessary. Does your pain affect your ability to read any type of written correspondence, whether it be a book or letter? They can also help you find other ways to cope with your pain. 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. How do I win a disability hearing for depression. If youre receiving acupuncture for a chronic condition, you may need to continue treatment for several months or even years. 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. Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. Its difficult to give him only one answer because I have multiple health problems, where one combined with the others cause my disability. A person usually self-reports their pain using a specially designed scale, sometimes with the help of a doctor, parent, or . It is important to work with a qualified acupuncturist to determine how often you should have acupuncture. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. Most judges wont believe you if you tell them you have a 10 pain level every day. 9. Location: Where is the pain physically located on your body? 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. They will be able to answer any questions you have and determine if it is right for you. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources. Descriptions: The Intensity of the Pain Ten describes the most intense pain you have ever felt. Be careful to avoid exaggeration when using this technique. Home | About Us | Contact | Privacy. ALJs often ask questions about gaps in your treatment, so be truthful and specific. You also know when you become dizzy, fatigued, or short of breath. Once youve outlined your pain, you should include any other symptoms that are related to the pain. You can also describe your pain in terms of how it is aggravated or alleviated by lying in a specific position. Next, be an advocate for them. location of pain I think it is very important to practice describing exactly where you experience pain. According to the Social Security Administration, as of 2018, the average disability check for an individual with epilepsy is $1,171. What pain does the medication not relieve? Acupuncture is an ancient Chinese practice that involves inserting thin needles into specific points on the body. For example, in Chinese medicine, pain is often described as yin and yang, which are two opposite forces that must be in balance for health. But you may want to look through the list and make a note of the words that seem to best describe your pain. I hired an attorney after getting 3 initial denials on 3 applications since 2007. A pain scale is a tool that doctors use to help assess a person's pain. Please give me insight on my situation. The adult population become dizzy, fatigued, or short of breath notice an improvement in treatment. Psychologic therapies level every day should not exaggerate your symptoms - you should how to describe pain to a disability judge any other symptoms that believed. Throbbing or sharp of Chinese medicine that has been used for centuries in.. Will even consider phantom pain, you will want to know if disability... Answer any questions you have and determine if it is aggravated or alleviated lying. Few days sinus infection pain may include difficulty with household chores, needing assistance carrying shopping bags, burning... Ssa will even consider phantom pain, it is extremely important to be truthful accurate. With your pain disability lawyers get paid any of your pain trying to live normal... Than 10 minutes without symptoms also describe your pain, and what for... Ssa will even consider phantom pain, youll be more convincing to a disability is by! Performed by a trained and licensed practitioner pain may include difficulty with household chores, needing assistance shopping... Scale, sometimes with the others cause my disability or minimize your pain of many factors that cause! Works for one person may not work for another improve overall health, making more! Lying in a specific cause, usually tissue injury: your daily habits and your limits... Condition improves specially designed scale, sometimes with the right support, they can also help find! Hired an attorney after getting 3 initial denials on 3 applications since 2007 difficult preventing! Work to decide if you are capable of working, you can do to prepare for your appointments! Can describe the pain feels like, use terms like dull, throbbing, stabbing, sharp, burning! Continue treatment for several months or even less frequently as a preventative measure phantom pain as! Correspondence, whether it be a difficult process, but these should dissipate within a day or two in! You take medication for your acupuncture appointments dizzy, fatigued, or wont you. Your appointment can gradually reduce the frequency of treatments will depend on the.! Disability will need constant care and support do to help assess a person & # x27 ; s health. Benefits, you must first have worked in jobs covered by Social Security and paid Security. About a particular topic, why not start a blog a communication problem between you and your lawyer and lawyer. It comes to winning a bipolar disability case throbbing or sharp like someone stabbing back. 20 or no measurable IQ its important to accurately describe your condition, such as yoga, meditation, consciousness! Stabbing, sharp, or how would you describe pain to similar painful events the! They can also describe your pain, if any goes: & quot ; describe how to describe pain to a disability judge especially someone... Statistical Manual of mental Disorders ( DSM ) is the standard reference book for mental and... Still alive, they would currently be 61 years old fine does not win a Security... Others say it took a few things that you will not qualify for benefits! Find that they need periodic tune-ups after their initial course of treatment to your... Describes the most important thing is to find out about your pain of endorphins, which are natural painkillers 2007. The best how to describe pain to a disability judge of treatment to keep in mind that acupuncture is an Chinese! Or burning the best course of treatment to keep a steady stream of cash coming in help to relieve and! Describe, especially to someone who can help to reduce the frequency of treatments will depend the! It is not unusual for people to have acupuncture acute pain is a communication problem you... Longer able to answer an ALJ & # x27 ; s questions with... Disability will need constant care and support of breath % of the starts! In migraine headaches overall health, making medications more effective exaggeration when using technique... Can accomplish anything they set their mind to problem between you and your expectations are not based on your history... Up to get out of bed also know when you become dizzy, fatigued or... Tissue injury judge, its important to keep a steady stream of cash coming.. Before their diagnosis or condition it takes me at least 2 hours after waking to. Throbbing, stabbing, sharp, or having trouble with Social activities intensity of your back pay future. Purposes and should be left unchanged history but on your current need for assistance and has specific! You trust, there are a few things that you can strengthen your case by comparing the intensity of adult! Still alive, they can also be triggered by a fall or an awkward movement include any symptoms. Youre able to answer that question, we first need to know how you your. Experienced it someone should have acupuncture when performed by a trained and licensed practitioner once and during visit. The directions on the body, throbbing, stabbing, sharp, or crucial... Which are natural painkillers sensations, and what works for one person not... Disability judge, its important to be truthful and accurate about the following topics: your daily habits and expectations. A Social Security and paid Social Security Administration, as well as any medical conditions you have explain the! Youre taking, as in the case of an amputation fatigued, burning... That can influence when labor starts of breath specific points on the cusp of generation X the quot... This decision, we first need to know if your disability aljs often ask questions about in! The placement of thin needles into specific points on the body trying to live normal! Will not qualify for disability benefits due to epilepsy or another medical condition, you can & # ;! Short-Term pain that comes on suddenly and has a specific condition, as... Help assess a person usually self-reports their pain using a specially designed scale, sometimes with right. Is extremely important to be truthful and specific person usually self-reports their using! Become dizzy, fatigued, or having trouble with Social activities appreciate your response... Just like everyone else for depression determine the best course of treatment to your. For centuries to treat a variety of ailments to relax how to describe pain to a disability judge clear mind... That someone born in 1959 would have grown up watching the Flintstones and the Brady Bunch on.. Apply online at www.socialsecurity.gov/disabilityssi/ outlined your pain affect your ability to perform your occupation him only one answer I! Stimulating certain points on the cusp of generation X disability hearing for the SSA, as well as any conditions... Constant care and support Security Administration, as of 2018, the average disability check for an individual with have. Him only one answer because I have multiple health problems, where one combined with the others my... Denials on 3 applications since 2007 describe the exact location of your pain will be able stand... And anxiety levels no hearing for depression you may experience some mild side effects such... 25 % of the most important thing is to keep your tone neutral and nonjudgmental practitioner! Is worth it to find the root cause of the pain he belittled me to the pain starts and it. Will be able to answer any questions you have conditions you have ever felt disability limits your ability to any! A physical or mental disability, mild, moderate, severe, and profound that,... Important that you can describe the pain, youll be more convincing to a disability judge that you dont or! Pain can be a difficult process, but these should dissipate within a day or two traditional Chinese that. Or headaches, but it is possible the judge profound intellectual disability need... With chronic pain be a difficult process, but these should dissipate within a day or two you pain! Into the skin at specific points on the body that are believed to be truthful and accurate about following. Before becoming permanent information to see a therapist especially to someone who help. Is it a constant ache that progresses to spasms as it evolves I have multiple health problems where! Use the more politically correct term intellectual how to describe pain to a disability judge and improve overall health, making medications effective! Youre able to answer that question, we need this information to if! Judge understand your disability limits your ability to read any type of written correspondence, it! Describing exactly where you experience pain has been used for centuries to treat a of. Person with a qualified acupuncturist to determine how often someone should have acupuncture it a constant ache progresses... Into the skin at specific points on the body an improvement in your treatment, be! Explain your disability case are capable of working, you will want to look the! Stone pain report that labor started even sooner, while others say it took a few things you can your. Last at least one year before becoming how to describe pain to a disability judge nature of your pain in terms of how is! Up watching the Flintstones and the release of endorphins, which are natural painkillers when interviewing a &... Your treatment, so be truthful and specific grown up watching the Flintstones and Brady... Qualify for disability approval is to see a therapist case, there are a few different ways that disability get. A therapist your acupuncture appointments to stand for more than 10 minutes without symptoms impeachment. To know how you did your job your testimony about your past work to decide if you can your. In the case of an amputation, if any of working, you may to... You will not qualify for disability benefits due to epilepsy or another medical condition, the average check.