How to Prove Pain in a Social Security Disability Case
What is the Social Security Administration trying to do in my disability case?
The Social Security Administration’s main goal is to decide whether you are able to work, doing either your past job or any type of job.
Does the Social Security Administration (SSA) consider the pain I am in when deciding whether to award me disability benefits?
In many cases, it is the person’s pain that makes them unable to work full time. Pain is subjective, meaning it cannot be measured and everyone’s tolerance for pain differs. Pain can limit what you can do, which can be measured. For example you cannot lift more than 5 pounds, sit for more than 30 minutes or walk farther than 50 yards. These are examples of “exertional limitations.”
What happens if my pain is just there, and isn’t from doing something (walking, sitting etc.) so it cannot be measured?
The SSA recognizes that chronic pain and non-exertional pain (pain not from doing something) exists and can limit what you can do at a job. The SSA looks at a number of different things to decide the effect of pain on your ability to work:
- They look at your daily activities.
- They look at the location of your pain, how often and how long you have pain, and how intense the pain feels.
- They look at what makes the pain appear and what makes the pain worsen.
- They look at the medications you take and what effects the medications may have.
- They look at what you do in order to make the pain go away or lessen (lying flat, using heat or ice, etc.).
- They look at how your activity is limited because of your pain.
What can I do to prove my pain affects my being able to work?
1) Be SPECIFIC when describing your pain.
Don’t say,” I hurt all over and I am in constant pain.” Rather say, “I have extreme pain in my lower back. On a scale from 1 to 10 my lower back is a 5, but if I walk or stand for more than 20 minutes, the pain jumps to an 8 or 9. The pain stays that way until I take medication.”
Don’t always say your pain is at a level of 10 because the SSA might think you are exaggerating and have a harder time believing you.
2) Be CONSISTENT when describing your pain.
Your testimony at your hearing will be considered stronger if what you tell your doctor at every visit about your pain level is the same as what you have told the SSA in the application process. If there is no medical test (MRI, etc.) to prove the source of your pain, your testimony will be a very important factor in deciding whether you are found disabled. Be consistent and specific.
Still confused about how to describe your pain? Give us a call, and we’ll help guide you through it!
adrian rivas, 
felicia are discussing.
felicia 9:15 pm on May 10, 2011 Permalink |
I was involved in an accident 16 years ago. A car drove through a store I worked at and I got hit by debri. My right knee was injured. Over the years, I have had 4 surgeries, the last being a partial replacement. The pain now is worse than before the surgery, and I can’t sleep without Ambien. I have been out of work since this past November. My pain is constant. Usually my pain level is around a 4 or 5, but after I’ve been sitting in one place for too long (10-15min) the pain gets sharp and goes to a 7. If I walk to my mailbox and back when it is only a 5, by the time I get back to the house it’s up to a 9. I’m most comfortable when I’m stretched out on my right side with my injured leg stretched under me. That position helps, but even then when I go to bend my leg to get up, I experience a sharp pain that levels an 8 at least. With weather, usually 2 days before a front moves into the area I start hurting at higher levels. For those 2 days it is commonly around a 7 and sometimes goes up to a 9. I generally have a high tolerance for pain, but with it being my knee, I can’t function to my normal. I have worked convenience stores most of my life and in 1996 decided to go to school to become a medical assistant. My last surgery was about 6 months before I was hired at my first position as a CMA. Over the year I worked there, the pain increased until I couldn’t really do the job they expected. I can’t go up and down stairs normally, I can’t make sudden turns, and after being on my feet for a few hours, my knee would swell. As I’m sitting here typing this, my knee is feeling as if an icepick is being stuck in it. My family says I’m depressed. I feel useless most of the time because I can’t do the things I used to. Driving is getting harder. I have to use both feet for gas and brake because I can’t turn my right knee to get my foot to go to the brake. It even hurts to get out of the vehicle, because of the way I have to turn to get out. I know this is a lot of information, but I wanted someone to kind of understand why I’m checking in to this. What should I do? Everything was initially filed with Worker’s Comp. so they have all my information. I feel like giving up, because they don’t seem to care. My doctor has suggested another surgery (total knee replacement), but the WC people are having their doctors look at it because they aren’t sure another surgery would help me any.
felicia 9:18 pm on May 10, 2011 Permalink |
I correct… it was in 2006 not 1996 that I went to school for my CMA
felicia 9:26 pm on May 10, 2011 Permalink |
to correct… I started school in 2006, not 1996 for medical assistant.
Disability Group 9:22 am on May 13, 2011 Permalink |
Hi Felicia,
Thank you so much for your comment and question. I am forwarding your comment to our paralegals. Stand by!
Thanks,
Disability Group
adrian rivas 2:56 pm on July 1, 2011 Permalink |
I got lupus when I was 12 and know as a adoult I have arthritis, fibromyalgia,chronic migranes, anxiety attachs and depression. All the meds I take for these things make me tiered. I need help pruving to s.s.i that I am unaboule to hold a job.