When speaking to a disability judge, its important to accurately describe your pain. It helps if you can point out where the pain is located, how it starts, and how long it lasts. These are not the only words that can describe your pain, but it is important for you to be able to describe what you feel as you are the only one that knows exactly what you feel. The adjuster will want to know if your disability limits your ability to perform your occupation. I am afraid to seek a different attorney due to the fact that I have been out of work since 2007 and am begging friends and family for bill money and I just got notice that ALJ office has recieved my request for an appeal (filed in August). he just shrugged. 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 . Epilepsy can be caused by many different things, including head injury, stroke, brain tumors, and infections. We need this information to see if you can do any of your past work. This means that you worked long enough - and recently enough - and paid Social Security taxes on your earnings. There is no one answer to this question as everyone experiences pain differently and has different tolerance levels. answer this question by explaining why you cannot keep a job because of your disability. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. If your disability isnt directly related to the requirements of the job, do not mention it. Alberto. I will illustrate how my days vary widely and without any warning. Is your pain worse in the morning when you first get out of bed or later in the day? How Long Will Workers Comp Pay For Physical Therapy. Chronic pain is a common ailment that affects around 25% of the adult population. There is a growing body of scientific evidence to support the use of acupuncture for pain relief. Julie, you are asking a number of questions I will try to respond to each one: When it comes to winning a bipolar disability case, there are a few key things that you will want to keep in mind. Do yourself a favor and start journaling today. 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 dont say if your lawyer has a legal assistant or if that person is returning your calls. They also look at what treatment you have sought to eliminate your pain. Does lying or sitting in a certain way help? You need to be aware that there is a built-in . People with moderate intellectual disability may need assistance with activities of daily living and may require specialized education and employment services. A good lawyer will prepare you for the judge's questions and . 1. Offer consulting services: If you have expertise in a particular area, you could offer consulting services to businesses or individuals. Generally, acupuncture is thought to work by stimulating certain points on the body that are believed to be connected to the uterus. Thus, a judge assigned to your case may not fully understand the extent your pain if you merely state you have pain. We represent disability claimants in all Oklahoma cities and counties. Acupuncture can also help to reduce stress and anxiety levels. A pain scale is a tool that doctors use to help assess a person's pain. They will be able to tailor a treatment plan to your specific needs. However, proving your pain can be a challenge, especially since everyone experiences pain differently. Publish: 25 days ago. 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. There are many ways to treat pain, both chronic and acute. Regardless of the source of your pain, you should get a proper diagnosis. Do events such as walking result in pain? A Sympathetic Judge Revealed The Secret. Moreover, it can also lead to depression, anxiety, and sleeping problems. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources. Start a blog: If youre passionate about a particular topic, why not start a blog? Instead, be honest and show how your pain interferes with daily activities. Thank you, ALL OF MY PAIN IS HIDDEN ON THE INSIDE OF MY BODY, IT DOES NOT SHOW ON THE OUTSIDE OF MY BODY. Your email address will not be published. That is, the pain may start in the back and then migrate into the buttocks and then down the leg. How long can you sit, stand or walk? Hence, it can be very difficult to deal with the problem. But most people dont suffer from a pain level of 10 daily. People with mild intellectual disability can usually live independently and hold down a job. For example, telling a judge that you cook meals, do laundry, and run . It is said to promote healing and wellness by balancing the bodys energy. Choose your words cautiously even while at the doctor especially if your words relate to describing how you are feeling. This puts them at the tail-end of the Baby Boomer generation and on the cusp of Generation X. They would also remember when MTV first started playing music videos and would have watched Madonnas Like a Virgin video when it first came out. The following are some guidelines suggested by Tomasz Stasiuk to help claimants be able to effectively describe their pain. 2.How to Describe Pain in a Disability Hearing. 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. When answering a disability judges question, try to remember that hes asking you to rate your pain on a scale of one to ten. 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. Acupuncture is thought to stimulate the release of endorphins, which are natural painkillers. 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. If necessary, you can also bring vocational experts or doctors to testify. Lower back pain has different causes than buttocks and leg pain. Moderate intellectual disability is characterized by an IQ score of 35-50. Your ability to effectively describe your pain to your doctors is also important. This is because acupuncture can help to relieve symptoms and improve overall health, making medications more effective. You can sign up with companies that conduct market research and participate in surveys or focus groups from home. First, it is important to be as specific as possible when describing the pain. If we represent you, we will meet with you before your hearing to review your testimony. A level of ten means excruciating pain. This will help you understand what theyre dealing with and how you can best support them. 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. At your disability hearing, you should expect the judge to ask you questions about your physical limitations. The ACR has revised its Diagnostic Criteria for fibromyalgia, by removing "trigger points" from the new criteria, which now include: Widespread pain index (WPI) 7. Trouble concentrating. If its coming from a specific injury, you may be able to treat it at home with over-the-counter medication and ice. We need to find out about your past work to decide if you can still do it. She has even denied me antibiotics for a severe sinus infection. Effects of medications: Do your medicines help? Further, a judge should recognize that symptoms such as pain sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone, the judge must carefully consider the individuals statements about symptoms with the rest of the relevant evidence in the case record in reaching a conclusion about the credibility of the individuals statements.. Be sure to show your completed pain journal to your lawyer. Be careful to avoid exaggeration when using this technique. Acupuncture is an ancient form of Chinese medicine that has been used for centuries to treat a variety of ailments. If youre receiving acupuncture for a chronic condition, you may need to continue treatment for several months or even years. Herniated Disc And Sciatica Disability. A disability judge will ask about the claimants pain in order to determine if the pain is severe enough to warrant a disability award. 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. All individuals have experienced some degree of pain at some point throughout life. Be honest and accurate. Epilepsy is one of the most common neurological disorders, affecting more than 3 million Americans of all ages. If its severe and/or getting worse, its probably time to seek medical attention. One of the reasons for this requirement to avoid situations where attorneys might be tempted to bribe clients to get their cases. Write down any questions you have for your practitioner. There are several things you can inform the Judge about tha. If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. 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. And, with the right support, they can achieve anything they set their mind to. 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. There are many other ways to describe someone who is perceived as unintelligent or slow without using offensive language. 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. You know where it hurts, when it hurts, and the effects it has on your daily life. Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. 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. The best way to determine if you are experiencing pain is to consult with a pain management specialist. Theres no one-size-fits-all answer to this question. Does your pain affect your ability to read any type of written correspondence, whether it be a book or letter? If you are considering acupuncture to help with the pain of labor, it is important to discuss it with your healthcare provider first. Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. 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. Or phone or email us. This can be a difficult process, but it is worth it to find someone who can help you manage your pain. Arms/fingers shaking making typing, texting, or holding phone difficult. 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. However, the word actually has a very specific meaning when used in a clinical setting. Nature of your pain is it throbbing or sharp? Stayed on the couch w/ice and pain meds. 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.Since physical pain is common to many disability cases, I want to elaborate on this point. If not, write not applicable when asked about your medical condition. 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. Would your experience of pain interfere with your performance of one of these warm body jobs? This field is for validation purposes and should be left unchanged. Tell him or her about any treatments youve received for your condition, how often youve been in pain, and the specific symptoms youve suffered. Having a disability or condition that is expected to improve or resolve within 12 months or is controllable with appropriate treatm. It can also be triggered by a fall or an awkward movement. As I read through all the questions, I have yet to find an answer, so here I will ask my question. In my office, for example, I generally do not get involved in collecting medical records that is a task for my secretary. Be careful to avoid exaggeration when using this technique. How would you describe pain to a disability judge? Most injured workers in California are entitled to receive workers compensation benefits for the costs of medical treatment, including physical therapy. 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. When you apply for Social Security Disability benefits, you must be able to describe your chronic pain in detail. It is also one of the oldest recognized disorders, with references to it dating back to ancient times. 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. 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. 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. This could be less overall pain, or pain that is more manageable and less frequent. Generally, it lasts for fewer than six months and goes away once the underlying cause is treated. She has even denied me antibiotics for a severe sinus infection. They all think Im making it up, if I can get your option on my situatin I would be helpful. First, try to identify the source of your pain. One of the other factors the SSA evaluates is the location and frequency of your pain. 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. 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. One of the most difficult things about having a disability is trying to live a normal life. So how far is 500 ft in real-world terms? With proper treatment, most people with epilepsy can lead normal, active lives. My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. The judge will also ask questions about the claimant's ability to perform basic activities of daily living, such as dressing, bathing, and eating. Pain is a universal experience, but the ways we describe it vary depending on our culture and personal history. 3. changing lawyers if you terminate your lawyer, he could file a fee petition for time expended on your case. Someone born in 1959 is considered to be middle-aged. 8) Be Honest and Don't Exaggerate. Acute pain is short-term pain that comes on suddenly and has a specific cause, usually tissue injury. Does it come and go or is it constant? Frequency and Duration: It is painful all the time or just some of the time? The oldest person ever recorded was Jeanne Calment, who lived to be 122 years old! You need to think about an appropriate description. 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? With a little bit of research and perseverance, you can find ways to make money that work for you. Paint an accurate picture and the judge is more likely to believe you. To make this decision, we need to know how you did your job. Also, how will I know what extra med records he has gotten? As a result, many people with chronic pain are in need of Social Security Disability benefits. Exaggerating Your Symptoms - You should not exaggerate your symptoms. As an experienced Oklahoma disability attorney, I understand how disabling pain can be. In addition to describing the symptoms of your disability, you should also bring a witness to the 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. For example, does moving in a certain way, or heat or cold aggravate your pain? Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. Paint an accurate picture and the judge is more likely to believe you. This is usually mild and goes away quickly. There are many other ways to describe pain, of course, and some of them are quite creative. Some people find that they need periodic tune-ups after their initial course of treatment to keep their condition under control. My lawyer wanted me to tell him just 1 medical problem I have. Try to describe when and where youre in pain, how much it hurts, and how long it lasts. There are a number of ways that people with disabilities can make money. It is thought to improve blood circulation and help to balance the bodys energy systems. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. How Do You Know If Acupuncture Is Working. Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims . An ALJ may ask you to rate your pain according to the 10-point pain scale. 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. Difficulty staying focused on a task / need breaks. This would include telling the judge what type of pain you experience (burning, stabbing, etc. 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. Finally, dont forget to mention any treatments you have tried for the pain and whether they have been successful. 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. Difficulty concentrating or thinking. Of course, not all of these will provide an accurate picture of what you experience. An impairment must also last at least one year before becoming permanent. You may qualify for one or both of these programs. Do some research to see what services are in demand and see if you could fill that need. Common causes of acute pain include: Second, it is important to keep a pain journal. I toss and turn until about 5:00, then I get up and turn on the coffee pot.". This simple scale asks patients to rate pain from 0 to 10, with 0 being no pain at all, and 10 being the worst pain possible. Sorry..I guess I had more than one question. If you can, quote your doctor whenever possible. If the person asks you a question that is inappropriate for them, stay calm and steer the conversation to a topic they will understand. The severity of symptoms and the effectiveness of treatment options are important factors. Describe Your Pain Realistically. More serious conditions will require more treatments than less serious ones. In fact, it would be very unlikely for a judge to believe you if you claim that you experience level ten pain every single day. Do you experience pain only when your skin is touched or when you try to move. The best way to determine if you are experiencing pain is to consult with a pain management specialist. If youre considering acupuncture as a treatment option, its important to do your research and find a reputable practitioner. Most lawyers are happy to discuss their fees with potential clients. The only way to survive while waiting for disability approval is to keep a steady stream of cash coming in. But witness letters help the judge picture how the evidence in your medical reports actually translate to your daily life. Please contact us at. But most people don't suffer from a pain level of 10 daily. Log in. Irvine, CA 92617, United States, Entire site copyright 2022 Optimized Attorney Once they are out the door, I go back to bed until about 1:00pm.". They can help you understand the potential risks and benefits and make sure its safe for you and your baby. Other factors such as the babys position, the mothers general health, and her stress levels can also play a role. Acupuncture needles are inserted into the body to a depth of between 0.3 and 3.0 inches. This is particularly true for people over the age of 60. Medications? In March of 2006 I fell down some stairs going down 25 steps to the ground. 3. Review and Analyze Documents. Acute pain tends to start out sharp or intense before gradually improving. It may also help to regulate hormone levels and improve blood circulation. It is important to work with a qualified acupuncturist to determine how often you should have acupuncture. However, treatment is possible. 5. The most important way to answer an ALJ's questions is with honesty. The "right" answers will lend vital credibility to your claim. Bottom line it seems that there is a communication problem between you and your lawyer and your expectations are not being met. 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. Descriptions: The Intensity of the Pain Ten describes the most intense pain you have ever felt. You also know when you become dizzy, fatigued, or short of breath. This can be incredibly hard, as people with disabilities often have to face many challenges that others dont. Is it sharp or dull? This will help the ALJ understand your condition better. 5. If youre running, its closer to one city block. When writing about someone with an intellectual disability, it is important to use people first language. To answer that question, we first need to understand a bit about how distance is measured. The term mental retardation is still used in some legal documents and laws. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions. 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