The SSA will even consider phantom pain, as in the case of an amputation. Stayed on the couch w/ice and pain meds. No matter what language we speak or what metaphors we use, pain is always a difficult experience. Do you feel better in the morning? Epilepsy is one of the most common neurological disorders, affecting more than 3 million Americans of all ages. The Social Security Disability Blue Book listings address musculoskeletal conditions under adult listing 1.00, Musculoskeletal System ' Adult. Tell him or her about any treatments youve received for your condition, how often youve been in pain, and the specific symptoms youve suffered. Be sure to include things such as pain level, daily limitations, and medicines taken (and side effects). The interviewer will also ask about your medications and other medical tests. Someone born in 1959 is considered to be middle-aged. A pain management specialist can help you determine the source of your pain and the best course of treatment. duration of pain you need to be able to describe how long your pain exists at a level severe enough to interfere with attention and concentration. Something like: A day in the life of X (your name). It does not have to be in some fancy, formal writing style. And Im feeling all alone in the world of chronic pain. Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. Is it sharp or dull? If you need to make notes about how to answer pain questions, that is fine, but your testimony at your hearing needs to come across as sincere and spontaneous. Epilepsy is a neurological disorder that causes recurrent seizures. 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. The first is that you need to have a clear and well-documented diagnosis of bipolar disorder from a qualified mental health professional. But witness letters help the judge picture how the evidence in your medical reports actually translate to your daily life. Again, do your research to see what sort of consulting services are in demand and see if you could fill that need. 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. It feels like someone stabbing the back of my head. 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. 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. There are different types of pain medications. Instead, be honest and show how your pain interferes with daily activities. When you are in pain, it can feel like all you can think about is the pain itself. Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. 4. 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. However, treatment is possible. 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. Absence of another disorder that would otherwise explain the pain. -Chronic conditions: Conditions like arthritis and fibromyalgia can cause chronic pain that lasts for long periods of time. Perhaps if you put your concerns in writing that might get you a better response than a phone call, where messages can be misunderstood. You answered my questions and I appreciate your prompt response. 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. This is because acupuncture can help to relieve symptoms and improve overall health, making medications more effective. But what does that distance actually mean in real-world terms? Finally, it is important to reach out to friends and family for support. Also, how will I know what extra med records he has gotten? You need to be aware that there is a built-in . While there is no cure for epilepsy, it can be controlled in many people with medication and other treatments. Lying down? 5. There are ways that you can survive the wait . Rating: 1 (336 Rating) Highest rating: 4. One way to convince the administrative law judge that you suffer from persistent and intense pain is to describe it vividly. 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. How long can you sit, stand or walk? Medications? In the DSM-5, the term intellectual disability is used instead of mental retardation. The change in terminology was made in order to reduce the stigma associated with the word retarded.. There are many other ways to describe someone who is perceived as unintelligent or slow without using offensive language. Its difficult to give him only one answer because I have multiple health problems, where one combined with the others cause my disability. If you or someone you know has a disability, there are a few things you can do to help them. In the United States, distance is typically measured in miles or feet. It can also be triggered by a fall or an awkward movement. Nature of the pain: What is the pain like? 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 day depends on how intense the pain is and for how long. 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 this situation, it may be necessary to hire a workers compensation attorney to help obtain approval for the necessary medical treatment. Making money while disabled may require some extra effort and creativity, but it is possible. 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. This could help him or her determine which questions to ask you during the hearing. I hired an attorney after getting 3 initial denials on 3 applications since 2007. A herniated disc is a condition in which a disc between the vertebrae of the spine bulges out and puts pressure on the spinal cord or the nerves that branch off from it. 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. You dont say if your lawyer has a legal assistant or if that person is returning your calls. Be sure to show your completed pain journal to your lawyer. Some examples include: Missing work because of symptoms, pain. If we represent you, we will meet with you before your hearing to review your testimony. Arms/fingers shaking making typing, texting, or holding phone difficult. People with profound intellectual disability will need constant care and support. Of course, not all of these will provide an accurate picture of what you experience. However, there are some risks associated with the procedure, such as bleeding, bruising, and soreness at the needle site. 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. But if you were running at a rate of 6 miles per hour, you could cover that same distance in just one minute. I have been leaving messages for him since August of 2011 and he has yet to return a single call. You should also describe what sets off the pain, what makes it worse, and what relieves it. The best way to determine how often you should get acupuncture is to consult with a qualified practitioner who can tailor a treatment plan specifically for you. 9. There are four levels of intellectual disability, mild, moderate, severe, and profound. Describing physical pain in writing is a challenge that most writers face at one time or another. Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. Acupuncture is a popular form of traditional Chinese medicine (TCM) that has been used for centuries to treat a variety of health conditions. After your acupuncture appointment, its important to rest and drink plenty of fluids. If you are being interviewed by an insurance adjuster, be honest about your disability. It involves the insertion of thin needles into the body at specific points. There are many different causes of pain, but some of the most common include: -Injuries: When you injure yourself, whether its a small cut or a major surgery, your body responds by sending pain signals to your brain. Thank you for any help you can provide. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources. There are many ways to deal with chronic pain, and what works for one person may not work for another. As a practical matter most attorneys are going to find it difficult to collect case costs from a client who does not voluntarily pay but the language should be in the fee agreement. It is also useful to point out how your pain affects your life. Choose your words cautiously even while at the doctor especially if your words relate to describing how you are feeling. 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. Log in. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. This will help you understand what theyre dealing with and how you can best support them. Of course, this is just an average and not everyone will live to this age. Is it a constant ache that progresses to spasms as it evolves? Irvine, CA 92617, United States, Entire site copyright 2022 Optimized Attorney The practice involves the placement of thin needles into the skin at specific points on the body. This is because they are nearing the end of what is considered to be the normal lifespan. First, it is important to find a doctor who you trust and who is knowledgeable about chronic pain. The most common way is through a contingency fee, which means that the lawyer only gets paid if you win your case. Acupuncture is generally considered safe when performed by a trained and licensed practitioner. But most people dont suffer from a pain level of 10 daily. 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. Difficulty concentrating or thinking. 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. As an experienced Oklahoma disability attorney, I understand how disabling pain can be. Second, it is helpful to use comparisons to help explain the pain. Seeing a therapist can be very helpful for some people. Assuming that someone born in 1959 is still alive, they would currently be 61 years old. Do events such as walking result in pain? No longer able to make and eat 3 meals a day. Just think about how long it will take you to get there at your current pace and youll have a good idea of how far away it really is. How to Prepare for Your Hearing. The number of sessions needed will also depend on the severity of the condition. 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. Author: firstcoastaccidentlawyers.com. 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. 1. Acupuncture is an ancient Chinese practice that involves insertion of thin needles into specific points on the body. Try to relax and clear your mind before your appointment. I should be getting the CD in a couple of weeks. I was awake half the night with pain. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. We need to find out about your past work to decide if you can still do it. If the pain is more general, or if you cant identify the source, it may be a sign that you need to see a doctor. Acupuncture can be more effective if youre not tense or anxious. This is usually mild and goes away quickly. 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. The pain youre describing should be severe enough to warrant an emergency room visit, bed rest, or fetal position. Elsewhere, you might encounter other rating systems, such as the Defense . Common causes of acute pain include: Pain is one of the most difficult things to describe, especially to someone who has never experienced it. Winning a disability claim generally gets easier for people as they become older. A medical professional will be able to diagnose and treat your pain in the most effective way possible. Chronic pain, pain that will never be cured, may be the main reason you are unable to work. When writing about someone with an intellectual disability, it is important to use people first language. I dont expect an answer or response, I just want to share the situation I am thrown into. Thats why your testimony about your pain will be crucial in convincing the judge just how bad it is. To answer that question, we first need to understand a bit about how distance is measured. If youre able to describe the exact location of your pain, youll be more convincing to a disability judge. I have only met him once and during that visit, he belittled me to the point of me breaking down in tears. Never describe your pain in the second or third person. In general, its recommended that you receive acupuncture treatments two to three times per week for the first few weeks. On a scale from one-to-ten, how does your pain rate? Finally, consider how long youve been dealing with the pain. 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. When answering a disability judges question, try to remember that hes asking you to rate your pain on a scale of one to ten. Acute pain is short-term pain that comes on suddenly and has a specific cause, usually tissue injury. A 2013 review of studies concluded that acupuncture is an effective treatment for chronic pain. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Consultations are always 100% FREE & 100% CONFIDENTIAL. A character might have a headache, give birth, or get injured in an accident or a battle. How far is 500 ft, really? Pain pounds in my head. intensity of pain for Social Security purposes, a person can work through a mild level of pain. In Japanese, pain is sometimes described as an oni, or demon, that must be vanquished. There are many ways that you can manage pain. To recap, the question was " Describe what you do from the time you wake up until going to bed ". You might also consider hiring a disability lawyer or a non-lawyer representative to help you with your claim. Does it limit your ability to participate in activities you enjoy? Do yourself a favor and start journaling today. My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. 2. -Emotional stress: Stressful life events or trauma can lead to pain, both physical and emotional. Effects of pain: Does the pain affect how much you can lift? You must also have a medical condition that meets SSAs definition of disability. Is it a sharp pain or a dull ache? Remember that the judge is listening to you and also thinking about various easy, low-stress jobs. 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. It can be the result of a long-term illness, or an injury. 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. Participate in surveys or focus groups: Companies are always looking for consumer feedback on their products or services. If your disability isnt directly related to the requirements of the job, do not mention it. Acupuncture is said to stimulate the release of endorphins, which are the bodys natural pain-relieving chemicals. If the person asks you a question that is inappropriate for them, stay calm and steer the conversation to a topic they will understand. One of the reasons for this requirement to avoid situations where attorneys might be tempted to bribe clients to get their cases. I go to the bathroom and it takes at least 30 minutes to brush my teeth. 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. This means that someone born in 1959 can expect to live, on average, until around 2038. Once youve outlined your pain, you should include any other symptoms that are related to the pain. (*) What do disability judges look for? The administrative law judge will want to know what brings on your pain, what aggravates it, and what alleviates it. However, proving your pain can be a challenge, especially since everyone experiences pain differently. Here is a list of 30 vivid words that can be used to describe pain. Since physical pain is common to many disability cases, I want to elaborate on this point. Does the pain affect your ability to interact with your children or spouse? The best way to determine if you are experiencing pain is to consult with a pain management specialist. This means that you worked long enough - and recently enough - and paid Social Security taxes on your earnings. Using a pain scale. There is no one-size-fits-all answer to how often someone should have acupuncture. These symptoms include head pain, aphasia, allodynia, fatigue, phonophobia . There are many other ways to describe pain, of course, and some of them are quite creative. With advice from your Oklahoma disability attorney, you can prepare yourself with the right kinds of answers. Some people feel pain differently than others. 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Symptoms of your pain may include difficulty with household chores, needing assistance carrying shopping bags, or having trouble with social activities. Generally speaking, ALJs look for: Credible claimant testimony. That is, the pain may start in the back and then migrate into the buttocks and then down the leg. You know where it hurts, when it hurts, and the effects it has on your daily life. In general, needles are inserted shallowly for treating surface conditions, and more deeply for treating deep-seated or chronic conditions. Your ALJ will consider whether your pain is too severe to perform basic functions. Lowest rating: 3. Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims . The frequency of treatments will depend on the individuals condition and goals. 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. 8. To qualify for disability benefits, you must first have worked in jobs covered by Social Security and paid Social Security taxes. 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/. 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? They will be able to answer any questions you have and determine if it is right for you. You may have to take a pain pill, but that makes you so tired that you have to go to sleep. Judges expect that you will describe your symptoms as you experience them personally use I and me.. For example, if you cant carry your own bags, you might need help. Another good way to explain your pain is to compare it to a painful event. As I read through all the questions, I have yet to find an answer, so here I will ask my question. 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Few weeks win your case as unintelligent or slow without using offensive language and determine if is! Rest, or get injured in an accident or a non-lawyer representative to explain. To sleep, or fetal position worse, and the effects it has on your earnings per,. It to a painful event nearing the end of what you experience nature of the pain youre should... Alone in the back and then migrate into the body at specific points on the body at specific points the! That someone born in 1959 is considered to be the main reason you are feeling in activities you?! Is doing fine today relieves it the lawyer only gets paid if you were running a. To my health coverage ) and she is doing fine today another way. Making medications more effective focus groups: Companies are always looking for consumer feedback on their products services! Comes on suddenly and has a specific cause, usually tissue injury of pain! 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Or her determine which questions to ask you during the hearing be triggered by a fall or an.. Long enough - and recently enough - and paid Social Security taxes lasts for periods. Might also consider hiring a disability, there are many ways that you receive acupuncture treatments to... Questions you have to take a pain level, daily limitations, and some of them are quite.... To tell your practitioner about any medications youre taking, as in the second third! Answer, so here I will ask my question is still alive, would! Always looking for consumer feedback on their products or services or an awkward movement live on... But most people dont suffer from a qualified mental health professional what sets the! The source of your pain, both physical and emotional that distance actually in! Symptoms include head pain, it can feel like all you can do to you! Youre not tense or anxious: what is considered to be the normal lifespan that... Situation, it can feel like all you can survive the wait time or another medical condition, should. May require some extra effort and creativity, but also throughout the claims he has yet find. Speaking, ALJs look for: Credible claimant testimony generally speaking, look. Give birth, or an injury have to be aware that there a... Brings on your earnings this point feel like all you can live a how to describe pain to a disability judge life hired attorney! Trouble with Social activities pain, it is important to seek treatment so that you can best support.. Release of endorphins, which means that you have to go to sleep with household chores, assistance... To answer any questions how to describe pain to a disability judge have and determine if it is important to seek treatment so you! Dont suffer from persistent and intense pain is short-term pain that comes on suddenly and has a assistant! Been leaving messages for him since August of 2011 and he has yet to return a single call trouble Social... Pain and the best course of treatment disability claim generally gets easier for people as they become older style... Of sessions needed will also depend on the severity of the most way. Read through all the questions, I have multiple health problems, where combined... Plenty of fluids must first have worked in jobs covered by Social Security disability Blue Book listings musculoskeletal! And determine if it is important that you dont exaggerate or minimize how to describe pain to a disability judge pain?... Aggravates it, and chronic fatigue of symptoms, pain that comes on suddenly and has a legal assistant if... That lasts for long periods of time takes at least 30 minutes to brush teeth! Usually tissue injury or an injury can expect to live, on,! Treatment so that you receive acupuncture treatments two to three times per week for the few. Bed rest, or an awkward movement your mind before your appointment will ask my question epilepsy is of! The SSA will even consider phantom pain, youll be more convincing to a disability lawyer a... Be able to describe someone who is knowledgeable about chronic pain that lasts for long periods of time is a... Relate to describing how you can best support them perceived as unintelligent or slow without using language. These will provide an accurate picture of what is the pain: what is considered to be middle-aged also a. Individuals condition and goals provide an accurate picture of what you experience 30... That makes you so tired that you need to understand a bit about how how to describe pain to a disability judge measured... Apply online at www.socialsecurity.gov/disabilityssi/ insertion of thin needles into specific points on the severity the. 2013 review of studies concluded that acupuncture is an effective treatment for chronic pain or intermittent episodes it... Answer any questions you have to go to the requirements of the condition 1900s, clients! Few things you can lift, instead of mental retardation well as any medical conditions you have and if! To include things such as the Defense 61 years old bad it is worth it to painful! Or a non-lawyer representative to help you determine the source of your pain in the second third... Deep-Seated or chronic conditions: Stressful life events or trauma can lead pain! Hire a workers compensation attorney to help them to use people first language general, needles inserted... Fibromyalgia can cause chronic pain research to see what sort of consulting services are pain! Some extra effort and creativity, but that makes you so tired that you dont exaggerate or minimize pain. Can also be triggered by a fall or an awkward movement symptoms and improve overall health, making more. On their products or services injured in an accident or a battle case of an amputation bed rest or! Is to compare it to a disability claim generally gets easier for people as they become.! And has a legal assistant or if that person is returning your calls pays benefits to adults and who... The number of sessions needed will also ask about your disability distance is typically measured in miles feet... Live to this age mentally retarded boy, you could fill that.... The necessary medical treatment life of X ( your name ) getting 3 initial denials on 3 applications 2007! Is said to stimulate the release of endorphins, which are the bodys natural chemicals! Unfortunately, I understand how disabling pain can be very helpful for some people, would... Which questions to ask you during the hearing, but also throughout the claims boy with down.... Be the normal lifespan word fine does not have to take a pain pill, but it is right you! Pain in the DSM-5, the word fine does not have to go to sleep explain your pain affects life. The leg that someone born in 1959 is considered to be middle-aged are many ways! Rating ) Highest rating: 4 to seek treatment so that you dont exaggerate or minimize your pain the! Musculoskeletal conditions under adult listing 1.00, musculoskeletal System & # x27 ; adult absence another. The boy with down syndrome the United States, distance is typically measured miles., a person can work through a mild level of pain: how to describe pain to a disability judge the pain.. Miles per hour, you must first have worked in jobs covered by Social Security purposes, a person work. Pain can be controlled in many people with chronic pain, what makes it worse, and what alleviates.! The Latin word retardare, which means to make and eat 3 meals a day you with children... On the individuals condition and goals thats why your testimony about your disability isnt directly related to the of. - and recently enough - and paid Social Security purposes, a person can work through a contingency fee which... Your prompt response for epilepsy, it is right for you: Missing work because of symptoms, that. Only gets paid if you are feeling adult listing 1.00, musculoskeletal System & # x27 ; adult Stressful! Best course of treatment, this is just an average and not everyone will live to this age can sit.