If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. More serious complications, such as punctured lungs or damaged nerves, are rare but can occur. But you may want to look through the list and make a note of the words that seem to best describe your pain. For example, you might say that the pain is like being stabbed with a hot knife or like having a heavy weight on your chest. Just about any exertion exacerbates it and mak. Here it goes: "It takes me at least 2 hours after waking up to get out of bed. If you can't accurately describe your condition, the judge might deny your appeal. There are many different methods that you can use, so find one that works best for you. 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. After that, you can gradually reduce the frequency of treatments as your condition improves. 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. If you were injured while on the job, do not lie about it. They will be able to answer any questions you have and determine if it is right for you. 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. Trouble concentrating. Write down any questions you have for your practitioner. Acupuncture is a form of alternative medicine that has been used for centuries in Asia. Acute pain is short-term pain that comes on suddenly and has a specific cause, usually tissue injury. It involves the insertion of thin needles into the body at specific points to help relieve pain or improve health. 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. Rest of the day. In addition, your pain may interfere with your ability to focus and maintain attention. Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. To qualify for SSDI, you must have worked long enough and recently enough under Social Security to earn enough credits. Generally, you need 40 credits, 20 of which were earned in the 10 years before you became disabled. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of ailments. 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. In general, pain can be treated with medication, physical therapy, massage, acupuncture, or a combination of these methods. First, you must experience three or more symptoms listed below: Always feel restless. Chronic back pain sufferers must show that they have a medical condition that impairs their ability to function normally in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. When speaking to a disability judge, its important to accurately describe your pain. 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. If necessary, explain your disability and educate the interviewer. Nature of the pain: What is the pain like? 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. In some cases, surgery may be an option. People with moderate intellectual disability may need assistance with activities of daily living and may require specialized education and employment services. 8) Be Honest and Don't Exaggerate. How Long After Acupuncture Did Labor Start Forum. Or phone or email us. For example, they may have to deal with discrimination, lack of accessibility, and limited opportunities. 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. Instead, be honest and show how your pain interferes with daily activities. You can sign up with companies that conduct market research and participate in surveys or focus groups from home. 1. The best way to determine if you are experiencing pain is to consult with a pain management specialist. While it's important to be honest, certain levels of pain mean different things to different people. Regardless of the source of your pain, you should get a proper diagnosis. Please contact us at. There are different types of pain. One way to manage pain is to take medication. Generally speaking, ALJs look for: Credible claimant testimony. The problem was brought sharply into focus in 1980-1981 when SSA's intensified ''continuing reviews'' of disability cases resulted in the termination of . But talking about it openly and honestly can help us to better understand and cope with our pain. The following are some guidelines suggested by Tomasz Stasiuk to help claimants be able to effectively describe their pain. Taking too much medication can be dangerous. There are many ways to treat pain, both chronic and acute. Also, how will I know what extra med records he has gotten? Another way to describe the intensity of your pain is to compare it to a painful event that most people can identify with, such as a toothache, broken bone, labor pain, or burn. Your email address will not be published. What does it feel like? To make this decision, we need to know how you did your job. 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. Some examples include: Missing work because of symptoms, pain. Many people can identify with the pain of a toothache or a broken bone, or even the pain of labor. 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. Does lying or sitting in a certain way help? I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. Acupuncture can help to reduce the frequency and severity of migraines, for example. 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. You . You also know when you become dizzy, fatigued, or short of breath. 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. Perhaps if you put your concerns in writing that might get you a better response than a phone call, where messages can be misunderstood. 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. With advice from your Oklahoma disability attorney, you can prepare yourself with the right kinds of answers. Most injured workers in California are entitled to receive workers compensation benefits for the costs of medical treatment, including physical therapy. Acupuncture is an ancient Chinese practice that involves inserting thin needles into specific points on the body. Exaggerating Your Symptoms - You should not exaggerate your symptoms. -Emotional stress: Stressful life events or trauma can lead to pain, both physical and emotional. 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. 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. People with severe intellectual disability will require help with all aspects of daily living and will need 24-hour supervision. Here is a list of 30 vivid words that can be used to describe pain. The intensity of pain can range from a dull headache, to an agonizing toothache, to the more severe type of pain commonly associated with chronic conditions such as migraine headaches, Fibromyalgia, and Reflex Sympathetic Dystrophy (RSD). ALJs often ask questions about gaps in your treatment, so be truthful and specific. You need to think about an appropriate description. How long can you sit, stand or walk? The most important thing about a Social Security disability hearing is to tell the truth. If the person asks you a question that is inappropriate for them, stay calm and steer the conversation to a topic they will understand. Location: Where is the pain physically located on your body? Do some research to see what services are in demand and see if you could fill that need. 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. It is important to work with a qualified acupuncturist to determine how often you should have acupuncture. (If you can't meet #2, then you must meet #3 to have a valid disability for anxiety claim.) We searched through online forums and spoke with several acupuncturists to get a better understanding of this popular alternative therapy. If youre able to describe the exact location of your pain, youll be more convincing to a disability judge. A level of ten means excruciating pain. It can also be triggered by a fall or an awkward movement. That will help me in determining what more I am going to need. Pain can be difficult to describe, but you should do your best to include it in any testimony to the judge. However, if you are experiencing pain that is severe, persistent, or interfering with your daily activities, it is important to see a doctor. It helps if you can point out where the pain is located, how it starts, and how long it lasts. The Social Security Administration (SSA) provides financial assistance to people with certain medical conditions that prevent them from working. In some cases, pain can be treated through a combination of medications and psychologic therapies. (*) Some people take over-the-counter medication, and some people take prescription medication. 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. With a little bit of research and perseverance, you can find ways to make money that work for you. 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. Answer (1 of 3): You describe the physical symptoms, such as a crushing sensation in the chest, or sharp pains in the limbs, and most importantly, the impact it has. It is extremely important to be truthful and accurate about the following topics: your daily habits and your disability. Second, it is helpful to use comparisons to help explain the pain. I should be getting the CD in a couple of weeks. 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. This increased sense of relaxation may be due to the release of endorphins or improved blood circulation. Once youve outlined your pain, you should include any other symptoms that are related to the pain. Here are a few ideas for how to make money while disabled: 1. The frequency of treatments will depend on the individuals condition and goals. 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? The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources. Does it limit your ability to participate in activities you enjoy? Third, regular exercise is important for both physical and mental health. However, first hand witness accounts can help illustrate how your disability really does affect your life and interfere with your ability to work. Theres no one-size-fits-all answer to this question. Level 9 or 10 pain means childbirth or kidney stone pain. To put this another way, if you lose your case, you are basically judgment proof and your lawyer would be foolish to throw good money after bad trying to collect a few hundred dollars, not to mention the bad publicity he could get for such an action. If your fee agreement specifically states that advanced costs must be repaid by the client, win or lose, it might clarify the rights and obligations of the parties. This can be incredibly hard, as people with disabilities often have to face many challenges that others dont. Acupuncture is an ancient form of Chinese medicine that has been used for centuries to treat a variety of ailments. If we represent you, we will meet with you before your hearing to review your testimony. If your disability isnt directly related to the requirements of the job, do not mention it. Identify and understand the central issue in your case and be able to describe it clearly. Some people may need to come for weekly treatments for several months, while others may only need a few sessions over the course of a year. 5. We represent disability claimants in all Oklahoma cities and counties. Try to describe when and where youre in pain, how much it hurts, and how long it lasts. 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. The best way to determine if you are experiencing pain is to consult with a pain management specialist. One way to convince the administrative law judge that you suffer from persistent and intense pain is to describe it vividly. Log in. The most important way to answer an ALJ's questions is with honesty. There are different types of pain medications. Information that is helpful to your doctor includes: 1. intensity of pain for Social Security purposes, a person can work through a mild level of pain. The Skolo Blog Writing Tool Will Allow You To Enter A Blog Topic And Keywords And Get In Return A Full Blog That You Can Use Anywhere. Describing physical pain in writing is a challenge that most writers face at one time or another. If you take medication for your pain, it is important to follow the directions on the bottle. These symptoms include head pain, aphasia, allodynia, fatigue, phonophobia . People with profound intellectual disability will need constant care and support. This field is for validation purposes and should be left unchanged. Diseamos y ofrecemos programas de formacin en tpicos de Comunicacin, Marketing, Innovacin y Transformacin Cultural. Publish: 25 days ago. When it comes to disability, there are a lot of things that can go wrong. Wear loose, comfortable clothing that wont restrict your movement. Difficulty concentrating or thinking. Since physical pain is common to many disability cases, I want to elaborate on this point. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions. Offer consulting services: If you have expertise in a particular area, you could offer consulting services to businesses or individuals. The disability process is long and enduring. However, if you do not have the answers, you should try to answer the questions as honestly as possible. But what does that distance actually mean in real-world terms? As an experienced Oklahoma disability attorney, I understand how disabling pain can be. Chronic Fatigue Syndrome - Tulip worked with her doctors to create this letter for her disability insurance appeal (private disability). I have been leaving messages for him since August of 2011 and he has yet to return a single call. You must be honest and detailed in order to convince a disability judge that you need help. They all think Im making it up, if I can get your option on my situatin I would be helpful. Additionally, pay attention to the intensity of your pain. When you are in pain, it can feel like all you can think about is the pain itself. 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. This may include things like difficulty maintaining personal relationships, problems with self-care, or even financial instability. How to Describe Your Physical Limitations to the Judge. 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. Acupuncture can also help to reduce stress and anxiety levels. I hired an attorney after getting 3 initial denials on 3 applications since 2007. The severity of pain can be difficult to quantify, so be sure to describe it in specific terms. answer this question by explaining why you cannot keep a job because of your disability. Finally, consider how long youve been dealing with the pain. For example, telling a judge that you cook meals, do laundry, and run . This could help him or her determine which questions to ask you during the hearing. There are a few different ways that disability lawyers get paid. Rating: 1 (336 Rating) Highest rating: 4. You must also have a medical condition that meets SSAs definition of disability. This would include telling the judge what type of pain you experience (burning, stabbing, etc. When interviewing a person with a disability, be sure to keep your tone neutral and nonjudgmental. 8. Descriptions: The Intensity of the Pain Ten describes the most intense pain you have ever felt. If you are being interviewed by an insurance adjuster, be honest about your disability. If you experience pain at this high level more than once a day, or even if once a week, you need to be able to specify. 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. This can be something as simple as spending time with them or offering your help when they need it. Some women use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor. 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. The most common complication is pain at the site of needle insertion. This can cause pain, numbness, and weakness in the legs and lower back. An impairment must also last at least one year before becoming permanent. While outright fraud is uncommon, Administrative Law Judges (ALJs) are trained to be wary of every claimant they encounter. They can help you figure out what method is best for you. It involves the insertion of thin needles into the body at specific points. Be sure to show your completed pain journal to your lawyer. Fourth, relaxation techniques such as yoga, meditation, and deep breathing can help to ease both physical and mental tension. 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. Level 9 or 10 pain means childbirth or kidney stone 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. Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. 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 . Once youve found a practitioner you trust, there are a few things you can do to prepare for your acupuncture appointments. How far is 500 ft, really? Conditions that are acute or have been present for a shorter period of time will generally require more frequent treatments. This is because they are nearing the end of what is considered to be the normal lifespan. First, it is important to be as specific as possible when describing the pain. If you can describe the pain with an event that causes you extreme pain, it may help the judge understand your disability case. Listed below are frequently asked questions about Step 4 and Step 5 of the process. Do you feel better in the morning? 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