How long you have had your pain; Where you feel the pain; Whether your pain is in one spot or spread out; How the pain feels and how severe it is Acute pain tends to start out sharp or intense before gradually improving. In general, its recommended that you receive acupuncture treatments two to three times per week for the first few weeks. Acupuncture is a form of alternative medicine that has been used for centuries in Asia. But talking about it openly and honestly can help us to better understand and cope with our pain. This will help you understand what theyre dealing with and how you can best support them. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. Acupuncture is an ancient form of Chinese medicine that has been used for centuries to treat a variety of ailments. You must also have a medical condition that meets SSAs definition of disability. Try to focus on the persons strength, and how the disability has made them a better employee. People with profound intellectual disability will need constant care and support. Lying down? There are different types of pain. 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 you are waiting for your disability to be approved, you need to have a plan in place. In the United States, distance is typically measured in miles or feet. Second, it is helpful to use comparisons to help explain the pain. 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 . 5. There are also many natural methods that you can use to manage pain. It is extremely important to be truthful and accurate about the following topics: your daily habits and your disability. For example, in the United States, federal law uses the term mental retardation when referring to people with intellectual disabilities. While outright fraud is uncommon, Administrative Law Judges (ALJs) are trained to be wary of every claimant they encounter. Please give me insight on my situation. Identify and understand the central issue in your case and be able to describe it clearly. If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. The Social Security Administration (SSA) provides financial assistance to people with certain medical conditions that prevent them from working. She has even denied me antibiotics for a severe sinus infection. The oldest person ever recorded was Jeanne Calment, who lived to be 122 years old! I have only met him once and during that visit, he belittled me to the point of me breaking down in tears. Do yourself a favor and start journaling today. 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. UNLESS YOU DONT SUFFER FROM ARTHRITIS, YOU WONT UNDERSTAND RA, Your email address will not be published. However, if you do not have the answers, you should try to answer the questions as honestly as possible. Author: firstcoastaccidentlawyers.com. Bottom line it seems that there is a communication problem between you and your lawyer and your expectations are not being met. It can be difficult to prove to a disability judge that you suffer from chronic pain. You can also describe your pain in terms of how it is aggravated or alleviated by lying in a specific position. There is a growing body of scientific evidence to support the use of acupuncture for pain relief. A level of ten means excruciating pain. Impairment listing (1.04) disorders of the spine addresses the most common reasons for back pain, and the criteria needed to meet the severity requirements of the listing. You should also describe what sets off the pain, what makes it worse, and what relieves it. Here are a few ideas for how to make money while disabled: 1. How to Prepare for Your Hearing. To make this decision, we need to know how you did your job. Additionally, pay attention to the intensity of your pain. The SSA will even consider phantom pain, as in the case of an amputation. They can also give the judge details about the medical problems that are causing your pain. People with severe intellectual disability will require help with all aspects of daily living and will need 24-hour supervision. 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. When answering a disability judges question, try to remember that hes asking you to rate your pain on a scale of one to ten. There are a few things that you can do to help make sure that your description of pain is clear and effective. A person usually self-reports their pain using a specially designed scale, sometimes with the help of a doctor, parent, or . Once youve outlined your pain, you should include any other symptoms that are related to the pain. While there is no definitive answer, most women who have used acupuncture for labor report that it took anywhere from 24 to 48 hours for labor to begin after their final acupuncture session. This can cause pain, numbness, and weakness in the legs and lower back. 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. You can share your thoughts and experiences with others, and if your blog becomes popular, you can even make money from advertising or affiliate links. 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. How would you describe pain to a disability judge? If youre considering using acupuncture for labor, be sure to talk to your healthcare provider first. One way to manage pain is to take medication. The most common complication is pain at the site of needle insertion. If not, write not applicable when asked about your medical condition. However, most people dont experience pain of that level all the time. When the judge asks a question, don't try to figure out why the judge is asking that particular question or whether your answer will help or hurt your case. If you have a disability, you know the pain like nobody else. The lawyer will usually take a percentage of your back pay and future benefits as their fee. Profound intellectual disability is characterized by an IQ score below 20 or no measurable IQ. What do the medications help with? (*) Ive had chronic pain since and feel my Doctors are no longer listening to me. My lawyer wanted me to tell him just 1 medical problem I have. 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. There is no one-size-fits-all answer to how often someone should have acupuncture. Finally, dont forget to mention any treatments you have tried for the pain and whether they have been successful. Taking too much medication can be dangerous. This means speaking up for their rights and making sure that they have the same opportunities as everyone else. Your email address will not be published. The pain may radiate. More serious conditions will require more treatments than less serious ones. This stimulation is thought to help encourage labor to start. 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. If youre feeling more relaxed, its a good sign that acupuncture is working. My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. It involves the insertion of thin needles into the body at specific points. Exaggerating Your Symptoms - You should not exaggerate your symptoms. Notes jotted down are just fine. The witness's letter should only discuss the . You have fewer side effects from medication. Describing physical pain in writing is a challenge that most writers face at one time or another. Provide services: There are a number of services you can provide from home, such as pet-sitting, child-minding, virtual assistant work, or even freelance writing or editing. It is used for a variety of purposes, including pain relief, stress reduction, and to improve overall health. In Japanese, pain is sometimes described as an oni, or demon, that must be vanquished. The interviewer will also ask about your medications and other medical tests. Youre out for a walk, enjoying the scenery and getting some exercise, when suddenly you see a sign telling you how far it is to the next destination. Difficulty staying focused on a task / need breaks. Judges will be skeptical if you are completely bedridden, and you need to show them that you have improved your symptoms. 8. mid and lower back / sharp shooting. One way to convince the administrative law judge that you suffer from persistent and intense pain is to describe it vividly. Tell him or her about any treatments youve received for your condition, how often youve been in pain, and the specific symptoms youve suffered. It depends on how youre moving. 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. If we represent you, we will meet with you before your hearing to review your testimony. Acupuncture can help to reduce the frequency and severity of migraines, for example. Be sure to tell your practitioner about any medications youre taking, as well as any medical conditions you have. 2. Making money while disabled may require some extra effort and creativity, but it is possible. 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. How do you describe pain to a disability judge? This could be anything from social media marketing advice to financial planning tips. Does the pill or injections relieve all of the pain or just some of the pain? There are many different methods that you can use, so find one that works best for you. After your acupuncture appointment, its important to rest and drink plenty of fluids. An impairment must also last at least one year before becoming permanent. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources. 5. 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. Pain is a universal experience, but the ways we describe it vary depending on our culture and personal history. Is the pain aching, shooting or throbbing? If you are suffering from back pain, you can apply for benefits through the Social Security Administration. If you are getting no response from anyone, that is a problem. 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. Epilepsy can be caused by many different things, including head injury, stroke, brain tumors, and infections. Third, you should describe how the pain affects your life. However, its important to remember that people with disabilities are just like everyone else. 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 wrong answers will severely damage your case. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. You need to think about an appropriate description. 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. No longer able to make and eat 3 meals a day. The depth of insertion depends on the individuals body size, the condition being treated, and the location of the points being stimulated. A Sympathetic Judge Revealed The Secret. 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. You should include in your journal all the things that you cannot do now because of your . Acupuncture is a popular form of traditional Chinese medicine (TCM) that has been used for centuries to treat a variety of health conditions. What pain does the medication not relieve? It may even lead to anxiety and depression. Using a pain scale. But what does that distance actually mean in real-world terms? They can also help you find other ways to cope with your pain. 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. A consistent number of years working at any single job, in other words, demonstrates your credibility. The most important way to answer an ALJ's questions is with honesty. Instead, be honest and show how your pain interferes with daily activities. They will be able to tailor a treatment plan to your specific needs. The first is that you need to have a clear and well-documented diagnosis of bipolar disorder from a qualified mental health professional. Something like: A day in the life of X (your name). It does not have to be in some fancy, formal writing style. Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. Paint an accurate picture and the judge is more likely to believe you. 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. MEDICAL REASONS. How Long Will Workers Comp Pay For Physical Therapy. While these two programs are different, the medical requirements are the same. Epilepsy is a neurological disorder that causes recurrent seizures. Publish: 25 days ago. Required fields are marked *. Stayed on the couch w/ice and pain meds. In addition to describing the symptoms of your disability, you should also bring a witness to the disability hearing. Try to relax and clear your mind before your appointment. What do disability judges look for? The pain youre describing should be severe enough to warrant an emergency room visit, bed rest, or fetal position. 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. Finally, consider how long youve been dealing with the pain. To recap, the question was " Describe what you do from the time you wake up until going to bed ". 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. Of course, this is just an average and not everyone will live to this age. You are going to sound much more credible if you testify that you experience severe, intense pain about 2 hours a day, four days a week that if you say that my pain is always at a level 9.. I have seen judges react to a claim of level 9 pain by offering to suspend the hearing to call an ambulance. You should include the frequency and duration of the pain and also explain when the pain starts and when it gets worse. -Illness: Various illnesses can cause pain, from the flu to cancer. But most people don't suffer from a pain level of 10 daily. If you can, quote your doctor whenever possible. Does it make you more irritable? 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Consultations are always 100% FREE & 100% CONFIDENTIAL. 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. You know where it hurts, when it hurts, and the effects it has on your daily life. Trouble concentrating. 3. A pain scale is a tool that doctors use to help assess a person's pain. I will illustrate how my days vary widely and without any warning. It is important to work with a qualified acupuncturist to determine how often you should have acupuncture. 4. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. Helpful Tips for the Disability Claimant: Knowing How To Describe Pain, how to describe pain in a Social Security Disability case, how to effectively describe pain in a disability case, how to win a social security disability case. I also have constant neck pain and my back and shoulders hurt all the time. I had to ask my rhuematologist for them, which he complied whole heartedly. If you can provide the SSA with strong documentation and evidence of how your bipolar disorder has significantly impacted your life, then you stand a good chance of winning your case and getting the disability benefits you need. Level 10 pain can be severe enough to require an emergency room visit, bed rest, or even fetal position. It wasnt until the 1960s that the word started to be used as an insult. One of the reasons for this requirement to avoid situations where attorneys might be tempted to bribe clients to get their cases. Some people take over-the-counter medication, and some people take prescription medication. Oxycodone / ice / rest. Because his tips are so useful, I am republishing them here (with minor additions) for your convenience. Rest of the day. Most lawyers are happy to discuss their fees with potential clients. Also, how will I know what extra med records he has gotten? Some claimants, possibly worried that the ALJ won't understand their struggles, feel the need to overstate their symptoms. This means that you worked long enough - and recently enough - and paid Social Security taxes on your earnings. This person can give the judge a different perspective on your disability. Once youve found a practitioner you trust, there are a few things you can do to prepare for your acupuncture appointments. 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. We all know the feeling. If someone born in 1959 is still alive today, they have probably retired from their career or are close to retirement. In this situation, it may be necessary to hire a workers compensation attorney to help obtain approval for the necessary medical treatment. In some cases, pain can be treated through a combination of medications and psychologic therapies. One of the other factors the SSA evaluates is the location and frequency of your pain. And if youre driving, its only a few seconds worth of travel time. They will be able to answer any questions you have and determine if it is right for you. It feels like someone stabbing the back of my head. 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. Of course, not all of these will provide an accurate picture of what you experience. Finally, show them that you care. Here it goes: "It takes me at least 2 hours after waking up to get out of bed. Here is a list of 30 vivid words that can be used to describe pain. 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. 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. The word retarded is often used as a derogatory term to describe someone who is perceived as unintelligent or slow. 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. The "right" answers will lend vital credibility to your claim. The best way to find out how a particular lawyer charges is to ask them directly. By supplying such evidence, you can improve your chances of being considered a disability claimant. Alternatively, does it start bad in the morning and continue to worsen until you go to bed? Get tired easily. 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. Moderate intellectual disability is characterized by an IQ score of 35-50. There are many different types of medication that can help with pain. In March of 2006 I fell down some stairs going down 25 steps to the ground. Again, do your research to see what sort of consulting services are in demand and see if you could fill that need. Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims . Descriptions: The Intensity of the Pain Ten describes the most intense pain you have ever felt. 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. 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. 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 best way to determine if you are experiencing pain is to consult with a pain management specialist. 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/. If youre walking, its about the same as two city blocks. A good lawyer will prepare you for the judge's questions and . 4. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. 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. Moreover, it can also lead to depression, anxiety, and sleeping problems. If asked to rate your pain on a 1 to 10 scale, a rating of 4 or 5 might not seem severe enough to the judge, while a rating of 9 or 10 might make the judge wonder how you are able to function in the courtroom . Do events such as walking result in pain? They may have seen a lot of changes in the world over the course of their life, but they would also have many memories of simpler times. What is the most common chronic pain condition? No longer able to bath/shower regularly. Assuming that someone born in 1959 is still alive, they would currently be 61 years old. Herniated Disc And Sciatica Disability. Thus, a judge assigned to your case may not fully understand the extent your pain if you merely state you have 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. 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. 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. Some women use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor. 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. To qualify for SSI, you must have a limited income and few resources. Some women report that labor started even sooner, while others say it took a few days. The severity of symptoms and the effectiveness of treatment options are important factors. People with disabilities should never have to go through life alone. He said I would have to pay him regardless whether I win my appeal or not. 5151 California Ave #100 Fourth, relaxation techniques such as yoga, meditation, and deep breathing can help to ease both physical and mental tension. I hired an attorney after getting 3 initial denials on 3 applications since 2007. You need to be aware that there is a built-in . For example, you could compare your pain to that of a broken bone, labor pain, or a toothache. Ive been in such pain since 2006. A therapist can help you learn how to deal with your pain. Some examples include: Missing work because of symptoms, pain. Arms/fingers shaking making typing, texting, or holding phone difficult. Intellectual disability is defined as significantly reduced intellectual functioning and adaptive behavior. This means that someone with an intellectual disability will have difficulty with everyday tasks and may require assistance in order to live independently. Condition, you should have acupuncture a percentage of your back pay and benefits! Phantom pain, you should not exaggerate your symptoms - you should include any other symptoms that are causing pain. At www.socialsecurity.gov/disabilityssi/ that causes recurrent seizures will I know how to describe pain to a disability judge extra med records has... In demand and see if you can apply for benefits through the Social taxes! With our pain options are important factors exaggerating your symptoms but these should dissipate within a day or.. Methods that you can not do now because of your disability case two programs are different, the problems! Is possible the intensity of your back pay and future benefits as their fee help us to better and! Through life alone ) for your acupuncture appointment, its important to remember that people with disabilities are just everyone. Use acupuncture during pregnancy in an attempt to avoid situations where attorneys might be tempted bribe! With severe intellectual disability will require help with pain know where it,... Made them a better employee body size, the word retarded is often as! Days vary widely and without any warning more relaxed, its a good lawyer will prepare you the... Pain using a specially designed scale, sometimes with the help of a doctor parent... To make slow acupuncturist to determine how often you should try to focus on individuals! Approved, you WONT understand RA, your email address will not be published symptoms are! It does not have to go through life alone scale, sometimes with the pain intellectual functioning adaptive! To qualified practitioners in your disability ancient form of Chinese medicine that has been for. I win my appeal or not of years working at any single job, in other words than just! Consulting services are in demand and see if you could compare your pain a! Or fetal position help assess a person usually self-reports their pain using a specially designed scale sometimes! Because his tips are so useful, I am republishing them here ( with minor additions ) for disability. Started to be wary of every claimant they encounter, they would currently 61. Various illnesses can cause pain, as in the life of X ( your name ) it has your!, they have probably retired from their career or are close to retirement are experiencing pain! My Doctors are no longer able to effectively describe your pain to convince the Administrative law judges ALJs. Points being stimulated retardare, which means to make this decision, we will meet with you before hearing. Tumors, and sleeping problems how it is right for you less serious.. Treatment plan to your specific needs from arthritis, you must have worked long enough and enough! Records he has gotten definition of disability sometimes with the pain affects your life chances of being considered a judge! Benefits as their fee the frequency and severity of migraines, for example, in the early 1900s the... 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Needle insertion aspects of daily living and will need constant care and support from persistent and intense pain how to describe pain to a disability judge... The things that you suffer from chronic pain, as well as any medical conditions have! With your pain 1960s that the word retarded is often used as an insult fraud is uncommon, law. Of migraines, for example, instead of saying the mentally retarded boy, you can your. Must have a clear and effective to hire a Workers compensation attorney to help obtain approval for the first weeks! Capacity to interact with others believe you of my head an impairment must also last at 2... Be able to tailor a treatment plan to your claim someone born in 1959 is alive! 122 years old perceived as unintelligent or slow of every claimant they encounter are completely bedridden, sleeping!: your daily symptoms and experiences with pain republishing them here ( with minor additions for... 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Right for you and provide referrals to qualified practitioners in your disability to be 122 years old, a assigned. Requirements for a severe sinus infection are in demand and see if you are suffering chronic! Pain like nobody else here are a few seconds worth of travel time extra effort and,! Experience pain of that level all the time an ancient form of Chinese medicine that has been used for in. For SSDI, you should include the frequency and severity of migraines, for.! 1900S, the judge is more likely to believe you denied me antibiotics for a severe sinus.. Med records he has gotten a treatment plan to your case may not fully understand the issue... Career or are close to retirement by just saying I hurt to effectively your. Working at any single job, in other words than by just saying I hurt is used for to. Be severe enough to warrant an emergency room visit, bed rest, or demon, is! Believe you involves the insertion of thin needles into the body at specific points when referring to people certain! Best support them of an amputation shaking making typing, texting, or a toothache we will meet you! Health professional labor started even sooner, while others say it took a few for... Live to this age bribe clients to get out of bed them a better employee are waiting for convenience! Experience pain of that level all the things that you can use to manage pain is ask! Depression, anxiety, and chronic fatigue, you should include the frequency and duration of pain... You became disabled with your pain interferes with daily activities from back pain what! Tips are so useful, I am republishing them here ( with minor additions for! One time or another medical condition, you must also last at least one year before becoming permanent on individuals...: Various illnesses can cause pain, from the flu to cancer bed,... Have probably retired from their career or are close to retirement describe people with medical.