For many of our Social Security disability
clients, whatever their injury, disease, or
condition is, the single most disabling
symptom they have is chronic pain. People
who are in constant, severe pain simply
cannot work all day every day. However,
actually proving that a claimant is in pain
is very difficult, especially under the
rules followed by the Social Security
Administration. If you are suffering such
chronic pain, this article will provide some
helpful information to you.
The Administrative Law Judge (ALJ) at your
Social Security disability hearing will
consider the pain you experience, and
its effect on your ability to do basic work
activities, but only after you first
establish by “objective medical evidence”
that you suffer from a medically
determinable physical or mental impairments
that could reasonably be expected to produce
pain. In other words, it is not enough to
say “My back hurts.” There must be evidence
in the record demonstrating a cause of the
pain.
For example, a bulging disc shown by CAT
Scan or MRI is considered to be objective
evidence of a physical condition reasonably
expected to cause pain. Once this
relationship is established, the intensity,
persistence, and limiting effects of your
pain must be considered in
determining whether your impairments is
severe. In addition, as mentioned
previously, the judge at your hearing will
consider all your symptoms (including pain)
in determining your residual functional
capacity (RFC). RFC, in simple terms, is the
most activity you can still do after
considering the effects of physical and/or
mental limitations that affect your ability
to perform work-related tasks. Pain will
often be severe enough that it impacts a
person’s ability to maintain attention and
concentration.
The ALJ will make a determination of the
credibility of your statements concerning
your pain and its functional effects. In
determining the credibility of your
statements, the judge will consider medical
evidence as well as your testimony about
pain. The judge is looking to see that your
functional limitations and restrictions due
to pain are consistent with the other
evidence in the case record including the
objective medical evidence.
In assessing your credibility the judge will
consider many factors including:
· The location, duration,
frequency, and intensity of your pain
·
Your daily activities
·
Factors that precipitate and aggravate your
pain
· Treatment
other than medication that you receive for
pain
·
The type, dosage, effectiveness, and side
effects of medication you take to alleviate
your pain
Most importantly, a continuous medical
record documenting your attempts to seek
medical treatment for pain, and to follow
the prescribed treatment, lends support to
your allegations of persistent pain. In
other words, go to the doctor, and take your
medication! We realize that while applying
for disability benefits and/or SSI, your
money may be tight, and you may lack
adequate health insurance. However, many
cities offer health care services for free
or for a nominal fee. In Dallas, for
example, Parkland Hospital offers services
for patients who lack adequate income and
resources. Our law firm maintains contact
information for various other clinics that
offer indigent services. Please contact us
to determine if there is a free or
inexpensive clinic in your area.
At your hearing, the judge will likely ask you
where you experience pain and how you would
describe it. Pain is often hard to describe,
but you should do your best to relate your
pain as specifically as possible to the judge.
This would include telling the judge what type
of pain you experience (burning, stabbing,
etc.), how often you experience it, and how
you would quantify it (for example, on a scale
of 1 to 10).
By following these suggestions, you will have
a much better chance of getting the ALJ to
seriously consider your chronic pain in making
a determination of disability in your claim.
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