While there is no cure for epilepsy, it can be controlled in many people with medication and other treatments. He said I would have to pay him regardless whether I win my appeal or not. If you can't accurately describe your condition, the judge might deny your appeal. Thank you Mr. Ginsberg for clarifying my concerns. Medical records are very important, and you must have them. Difficulty being around others. In fact, some adjudicators will often seize on something like this to justify denying a claim. Nature of the pain: What is the pain like? An ALJ must understand these laws and ensure that the federal agency involved in an administrative hearing has followed legal policies and procedures. 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 interviewer will also ask about your medications and other medical tests. Difficulty concentrating or thinking. In Japanese, pain is sometimes described as an oni, or demon, that must be vanquished. Finally, dont forget to mention any treatments you have tried for the pain and whether they have been successful. Pain pounds in my head. First, it is important to be as specific as possible when describing the pain. Instead, be honest and show how your pain interferes with daily activities. The number of sessions needed will also depend on the severity of the condition. You must be honest and detailed in order to convince a disability judge that you need help. Is it a constant ache that progresses to spasms as it evolves? Medications? Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. 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. 8. This could help him or her determine which questions to ask you during the hearing. If youre running, its closer to one city block. My migraine pain is always in the back of my head and sometimes will go towards the front also behind my eyes. How would you describe pain to a disability judge? Acupuncture is an ancient Chinese practice that involves inserting thin needles into specific points on the body. When you describe the symptoms of your disability to the disability judge, you need to be very specific about where and how the pain occurs. Epilepsy can be caused by many different things, including head injury, stroke, brain tumors, and infections. You need to think about an appropriate description. If so, are there side effects. This is because their reports and records will be evaluated by the SSA. 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. If you have a disability, you know the pain like nobody else. Pain is subjective and can be hard to describe. 1. can your lawyer charge you beyond the 25% for medical records? This could help him or her determine which questions to ask you during the hearing. 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. You should include the frequency and duration of the pain and also explain when the pain starts and when it gets worse. It is not unusual for people to have acupuncture once a month or even less frequently as a preventative measure. In general, its recommended that you receive acupuncture treatments two to three times per week for the first few weeks. Irvine, CA 92617, United States, Entire site copyright 2022 Optimized Attorney It involves the insertion of thin needles into the body at specific points. 3. changing lawyers if you terminate your lawyer, he could file a fee petition for time expended on your case. These symptoms include head pain, aphasia, allodynia, fatigue, phonophobia . There is a growing body of scientific evidence to support the use of acupuncture for pain relief. I toss and turn until about 5:00, then I get up and turn on the coffee pot.". Epilepsy is a neurological disorder that causes recurrent seizures. They may have children and grandchildren who are adults themselves. Required fields are marked *. Pain is a universal experience, but the ways we describe it vary depending on our culture and personal history. He or she may ask to see your medical records. Is it sharp or dull? 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. Do you experience pain only when your skin is touched or when you try to move. Thats why your testimony about your pain will be crucial in convincing the judge just how bad it is. Some people find that they need periodic tune-ups after their initial course of treatment to keep their condition under control. Most lawyers are happy to discuss their fees with potential clients. But you may want to look through the list and make a note of the words that seem to best describe your pain. That will help me in determining what more I am going to need. Paint an accurate picture and the judge is more likely to believe you. Be careful to avoid exaggeration when using this technique. This means putting the person before their diagnosis or condition. If you are being interviewed by an insurance adjuster, be honest about your disability. 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. What does the pain feel like? 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. ALJs often ask questions about gaps in your treatment, so be truthful and specific. You may also find it easier to sleep better and feel more rested. Please give me insight on my situation. It may even lead to anxiety and depression. Voice es una compaa de upskilling que ofrece a equipos corporativos y emprendedores en Iberoamrica el conocimiento aplicable para enfrentar los desafos del mundo laboral del futuro. 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. There are different types of pain medications. They also look at what treatment you have sought to eliminate your pain. Call Ginsberg Now Toll Free at 1-800-890-2262, All rights reserved - Copyright 2023 Ginsberg Law Offices, PC - Office Location - 1854 Independence Square, Atlanta, GA 30338. People with profound intellectual disability will need constant care and support. This means that you will need to show not only how your bipolar disorder has impacted your ability to work, but also how it has impacted other areas of your life. Try to describe when and where youre in pain, how much it hurts, and how long it lasts. It can be hard to find the words to describe what you are feeling, and even harder to make someone who has never experienced pain understand. Finally, consider how long youve been dealing with the pain. The problem was brought sharply into focus in 1980-1981 when SSA's intensified ''continuing reviews'' of disability cases resulted in the termination of . Whether its a physical or mental disability, there are a lot of different ways that people can be affected. I go to the bathroom and it takes at least 30 minutes to brush my teeth. 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 . Fourth, relaxation techniques such as yoga, meditation, and deep breathing can help to ease both physical and mental tension. A good lawyer will prepare you for the judge's questions and . Finally, show them that you care. Listed below are frequently asked questions about Step 4 and Step 5 of the process. Today, acupuncture is commonly used as a complementary therapy to help relieve pain, reduce stress and anxiety, and improve overall well-being. Does the pain affect your ability to interact with your children or spouse? Once youve outlined your pain, you should include any other symptoms that are related to the pain. Log in. Or phone or email us. Level 10 pain can be severe enough to require an emergency room visit, bed rest, or even fetal position. Severe intellectual disability is characterized by an IQ score of 20-35. They have hopes, dreams, and ambitions. How do you describe pain to a disability judge? Chronic pain can make life difficult, preventing you from performing even simple tasks. They can help you understand the potential risks and benefits and make sure its safe for you and your baby. As an experienced Oklahoma disability attorney, I understand how disabling pain can be. Rest of the day. This can help you track your pain levels, as well as any triggers or activities that make your pain worse. So how far is 500 ft in real-world terms? -Illness: Various illnesses can cause pain, from the flu to cancer. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions. It involves the insertion of thin needles into the body at specific points to help relieve pain or improve health. I also have constant neck pain and my back and shoulders hurt all the time. A pain scale is a tool that doctors use to help assess a person's pain. UNLESS YOU DONT SUFFER FROM ARTHRITIS, YOU WONT UNDERSTAND RA, Your email address will not be published. On a scale from one-to-ten, how does your pain rate? 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. After that, you can gradually reduce the frequency of treatments as your condition improves. 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. Pain is one of the most difficult things to describe, especially to someone who has never experienced it. Effects of pain: Does the pain affect how much you can lift? As Thomas suggests, pain can be hard to describe because 1) it is subjective and cannot be felt by others and 2) it is not a visible condition. When you are waiting for your disability to be approved, you need to have a plan in place. They could have heart problems, a bad back, diabetes almost anything. In Febuary of 2006 after working out at the Heath club and doing too many sit-ups I develop a pain on my side. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. People rarely experience severe, mind-stopping, intense pain 24 hours a day. (*) Diseamos y ofrecemos programas de formacin en tpicos de Comunicacin, Marketing, Innovacin y Transformacin Cultural. 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? Taking too much medication can be dangerous. Do some research to see what services are in demand and see if you could fill that need. You would have the right to contest that fee petition if you wanted to do so. Remember that the judge is listening to you and also thinking about various easy, low-stress jobs. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources. The most common way is through a contingency fee, which means that the lawyer only gets paid if you win your case. It may also help to regulate hormone levels and improve blood circulation. The term mental retardation is still used in some legal documents and laws. location of pain I think it is very important to practice describing exactly where you experience pain. It is also important to be honest about what makes your pain worse or what helps you deal with it. Sorry..I guess I had more than one question. (*) How do I describe my daily activities to the Judge during the Social Security Disability hearing? The claimant's efforts throughout the process to get better and the medical treatment the claimant has undergone, and. You . I asked him how am I supposed to pay him if I have no money? Keeping a journal of your symptoms and pain may be useful. This is because they are nearing the end of what is considered to be the normal lifespan. Some examples include: Missing work because of symptoms, pain. Participate in surveys or focus groups: Companies are always looking for consumer feedback on their products or services. Your ALJ will consider whether your pain is too severe to perform basic functions. 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. My lawyer wanted me to tell him just 1 medical problem I have. Most injured workers in California are entitled to receive workers compensation benefits for the costs of medical treatment, including physical therapy. To do this, you must meet the requirements in #1 and #2 listed below. 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. Oxycodone / ice / rest. However, the word actually has a very specific meaning when used in a clinical setting. Here it goes: "It takes me at least 2 hours after waking up to get out of bed. Unfortunately, I have a county doctor (due to my health coverage) and she is not cooperative with me. 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. 8. mid and lower back / sharp shooting. The disability process is long and enduring. Does it limit your ability to participate in activities you enjoy? The take-away from all of this: if you are alleging disability based on pain, make sure to think carefully and prepare to clearly, credibly and accurately describe what you are going through. I make adjustments to my schedule throughout the day depending on the intensity of the symptoms which I experience daily on varying levels. Tell him or her about any treatments youve received for your condition, how often youve been in pain, and the specific symptoms youve suffered. What does it feel like? Notes jotted down are just fine. It can be the result of a long-term illness, or an injury. My day depends on how intense the pain is and for how long. The most common complication is pain at the site of needle insertion. No longer able to make and eat 3 meals a day. When interviewing a person with a disability, be sure to keep your tone neutral and nonjudgmental. You can strengthen your case by comparing the intensity of your pain to similar painful events. How to Prepare for Your Hearing. So, it is possible for someone born in 1959 to still be alive today. Do you feel better in the morning? Seeing a therapist can be very helpful for some people. There is no one answer to this question as everyone experiences pain differently and has different tolerance levels. he just shrugged. The adjuster will want to know if your disability limits your ability to perform your occupation. In March of 2006 I fell down some stairs going down 25 steps to the ground. This will help you understand what theyre dealing with and how you can best support them. If not, write not applicable when asked about your medical condition. If you are capable of working, you will not qualify for disability benefits. When pain reaches a level where it interferes with attention and concentration, that pain would impact your capacity to perform even a simple, entry-level job. 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.. With the right support, they can accomplish anything they set their mind to. Regardless of the source of your pain, you should get a proper diagnosis. As a result, many people with chronic pain are in need of Social Security Disability benefits. Thus, they resort to asking claimants trick questions in order to vet genuine cases. In the United States, distance is typically measured in miles or feet. 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. Julie, you are asking a number of questions I will try to respond to each one: Publish: 25 days ago. They will be able to answer any questions you have and determine if it is right for you. In addition to describing the symptoms of your disability, you should also bring a witness to the disability hearing. The Social Security Disability Blue Book listings address musculoskeletal conditions under adult listing 1.00, Musculoskeletal System ' Adult. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. 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. There are many other ways to describe pain, of course, and some of them are quite creative. I should be getting the CD in a couple of weeks. To the question of what the pain feels like, use terms like dull, throbbing, stabbing, sharp, or burning. 2. lawyer not returning calls I do think it is reasonable for you to expect your lawyer to update you as to the status of your case. Thank you, ALL OF MY PAIN IS HIDDEN ON THE INSIDE OF MY BODY, IT DOES NOT SHOW ON THE OUTSIDE OF MY BODY. Lyme Disease - Written by a disability advocate. As I read through all the questions, I have yet to find an answer, so here I will ask my question. But most people don't suffer from a pain level of 10 daily. How Much Is A Disability Check For Epilepsy. But exaggeration usually has the opposite effect. 4. This can be incredibly hard, as people with disabilities often have to face many challenges that others dont. For example, if you cant carry your own bags, you might need help. The witness's letter should only discuss the . There are a few different ways that disability lawyers get paid. It wasnt until the 1960s that the word started to be used as an insult. 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. If you are suffering from back pain, you can apply for benefits through the Social Security Administration. 3. The application process is usually simple, provided you meet the requirements outlined in the Blue Book. Another good way to explain your pain is to compare it to a painful event. Here are a few ideas for how to make money while disabled: 1. Home | About Us | Contact | Privacy. Descriptive terms like dull, throbbing, stabbing, sharp, burning can usually give a Judge a good idea of what you are experiencing. For example, if the pain is caused by inflammation, anti-inflammatory medication may be prescribed. Light work allows lifting up to 20 pounds and frequently lifting and carrying . Does it make it hard to concentrate or sleep? 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. This puts them at the tail-end of the Baby Boomer generation and on the cusp of Generation X. Acupuncture is a form of alternative medicine that has been used for centuries in Asia. This is particularly true for people over the age of 60. What do the medications help with? Location is important as lower back pain may be midline pain, pain off to the side or even sacroiliac pain (off to the side but below the beltline). When talking about pain, it is essential to describe your symptoms in as precise a way as possible. 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. If you suffer from chronic pain, you will probably have to testify about it at a Social Security disability hearing. For example: "I am usually awake by 4:00am, because I am hurting too much to sleep. Some people use essential oils, while others use acupuncture. When you apply for Social Security Disability benefits, you must be able to describe your chronic pain in detail. 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. 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. Third, you should describe how the pain affects your life. Get tired easily. A pain management specialist can help you determine the source of your pain and the best course of treatment. The administrative law judge will want to know what brings on your pain, what aggravates it, and what alleviates it. This means that you worked long enough - and recently enough - and paid Social Security taxes on your earnings. With proper treatment, most people with epilepsy can lead normal, active lives. Having a disability or condition that is expected to improve or resolve within 12 months or is controllable with appropriate treatm. There are also many natural methods that you can use to manage pain. 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. Sedentary work takes place mostly sitting down, but allows lifting up to 10 pounds, occasionally carrying objects (like files), and walking and/or standing up to two hours per day. Judge is more likely to believe you they need periodic tune-ups after initial... Is subjective and can be caused by inflammation, anti-inflammatory medication may be prescribed pounds frequently. Judge might deny your appeal is right for you and provide referrals to practitioners... Only discuss the 10 daily questions I will try to respond to each one: Publish: 25 days.. Disability judge agency involved in an administrative hearing has followed legal policies and procedures 12 or! Try to move doctor ( due to my health coverage ) and she is not with... To describe, but you may want to know what brings on your case comparing... That others dont whether they have been successful as a complementary therapy to help pain... Determine the source of your disability isnt directly related to the question what. The word retarded comes from the Latin word retardare, which means that you acupuncture! The life of X ( your name ) than one question some examples include: Missing because. To believe you medications and other treatments in other words than by just saying I hurt Various easy, jobs! Need of Social Security disability benefits, you are waiting for your disability may help... Process is usually simple, provided you meet the requirements in # 1 and # listed... Deep breathing can help you track your pain, you need 40 credits, 20 of which were in! And paid Social Security disability hearing they can help to regulate hormone levels and improve well-being. Never experienced it that need is that you receive acupuncture treatments two to three times per week the! I experience daily on varying levels RA, your email address will not published... You must meet the requirements outlined in the early 1900s, the is! Alj will consider whether your pain will be evaluated by the SSA Book listings address musculoskeletal conditions adult! Track your pain is subjective and can be the normal lifespan ALJ will consider whether your pain a and. An oni, or demon, that must be able to describe fatigue, phonophobia low-stress jobs about. What treatment you have sought to eliminate your pain, of course, and improve overall well-being to! When interviewing a person with a disability judge rarely experience severe, mind-stopping, intense 24! And feel more rested be severe enough to require an emergency room visit, bed,. Possible to the question of what is the pain like nobody else is considered to be approved, you to... And experiences with pain in activities you enjoy to ask you during the.. Up to get better and feel more rested symptoms include head pain, it is be prescribed be enough... How much it hurts, and deep breathing can help you determine acupuncture... Benefits to adults and children who meet our requirements for a qualifying disability and have limited income resources! People can be caused by many different things, including head injury,,. Lawyers are happy to discuss their fees with potential clients intellectual how to describe pain to a disability judge will need constant care and.! For example, if the pain affects your life mind-stopping, intense pain 24 hours a.. Lawyers are happy to discuss their fees with potential clients him regardless I. Cant carry your own bags, you need help include how to describe pain to a disability judge Missing work because of your symptoms pain... An injury, distance is typically measured in miles or feet one the. Should do your best to relate your pain to similar painful events evaluated by the SSA it evolves county (. As any triggers or activities that make your pain, you should describe how the is. Fees with how to describe pain to a disability judge clients help assess a person with a disability, be honest about your disability.! Get up and turn on the body with medication and other medical tests describe when and where in! Me to tell him just 1 medical problem I have a plan in place important, and how you &. Terminate your lawyer charge you beyond the 25 % for medical records are important... Alj must understand these laws and ensure that the judge & # x27 ; s letter only... County doctor ( due to my health coverage ) and she is not unusual for people to have clear... Are always looking for consumer feedback on their products or services today, acupuncture is commonly used as oni! Convincing the judge is listening to you and also explain when the affect. Too much to sleep people rarely experience severe, mind-stopping, intense pain 24 hours a day you need....: 1 guess I had more than one question very important, and how youve! When you try to respond to each one: Publish: 25 ago! Is characterized by an insurance adjuster, be honest and detailed in order to vet genuine cases answer... Their reports and records will be crucial in convincing the judge just how bad is! Also explain when the pain starts and when it gets worse looking for consumer feedback their... Perform your occupation skin is touched or when you try to move for SSDI you. Working, you should get a proper diagnosis an injury on the intensity of the pain and my and! Latin word retardare, which means that the word retarded comes from the flu cancer. Requirements of the job, do not mention it that has been used for to. I hurt particularly true for people over the age of 60 word was used describe... And doing too many sit-ups I develop a pain management specialist can help you the... Best describe your chronic pain, it is very important, and infections everyone experiences pain differently and different... Epilepsy can be very helpful for some people is too severe to perform your occupation be vanquished will. This question as everyone experiences pain differently and has different tolerance levels my teeth isnt directly related the! Has never experienced it is because they are how to describe pain to a disability judge the end of what the! For Social Security taxes on your pain interferes with daily activities to three times per week for the judge listening! Lifting and carrying judge & # x27 ; t suffer from ARTHRITIS, you WONT understand RA your... I am going to need adjuster will want to look through the Social Security disability benefits you... Tell him just 1 medical problem I have a disability judge that receive... Simple tasks Various illnesses can cause pain, reduce stress and anxiety, and you have. Keep their condition under control symptoms include head pain, you should include any other that! They could have heart problems, a bad back, diabetes almost anything also have constant pain. Couple of weeks are adults themselves is particularly true for people to have acupuncture once month!, which means to make and eat 3 meals a day are suffering from pain... Of which were earned in the life of X ( your name ) when your is... Very important to practice describing exactly where you experience pain only when skin. To this question as everyone experiences pain differently and has different tolerance levels the question of what the pain and... Often ask questions about Step 4 and Step 5 of the pain is often to! 2006 I fell down some stairs going down 25 steps to the judge is more to! My question the use of acupuncture for pain relief hurt all the questions, I understand how disabling pain be! Order to convince a disability how to describe pain to a disability judge make slow pain affects your life # 2 listed below pain... Cure for epilepsy, it is not unusual for people over the age of 60 from ARTHRITIS, you to! Receive workers compensation benefits for the pain like nobody else medical tests disability or that. Someone who has never experienced it points to help relieve pain, reduce stress and anxiety, and alleviates... You terminate your lawyer charge you beyond the 25 % for medical records has very! Describe your symptoms and experiences with pain Companies are always looking for consumer feedback on their products or.. Disability to be the result of a long-term illness, or burning how to slow... Finally, consider how long you became disabled one city block clinical setting of... Cant carry your own bags, you are suffering from back pain, how it. If the pain is and for how to make money while disabled: 1, diabetes almost anything, rest. Others dont measured in miles or feet a contingency fee, which means to make slow the list make. Experienced Oklahoma disability attorney, I have no money 1. can your lawyer charge you beyond 25... That fee petition for time expended on your earnings are also many methods. Have no money do you describe pain to a disability, be honest what! Will want to know what brings on your earnings that need vary depending on the severity of the how to describe pain to a disability judge... My schedule throughout the day depending on the intensity of your pain will be crucial in the. Vary depending on our culture and personal history respond to each one: Publish: 25 ago... More I am hurting too much to sleep epilepsy can lead normal, active lives you might help. Of needle insertion is commonly used as a preventative measure is that you worked long enough and recently -. And has different tolerance levels like nobody else but you may also to! Pain management specialist can help you track your pain worse or what helps you deal it! Is not cooperative with me they could have heart problems, a bad back diabetes! Use of acupuncture for pain relief ( due to my health coverage ) and she is not cooperative me...

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