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December 4, 2017

Testifying at Your Social Security Disability Hearing About Your Pain

Pain is probably the most common complaint my clients have concerning their inability to work.  Physical pain can manifest itself in about any area of your body, and describing it to someone else is not always easy. Chances are when you find yourself at a Social Security disability hearing, you are going to need to explain your pain to an Administrative Law Judge (ALJ).  This blog describes some of the more common questions I find that Judges ask about pain. Where is the pain located?  During this portion of testimony, I find many of my clients want to point to where they are affected by pain with hand gestures.  It is important to remember your hearing is being recorded, and you will need to describe in more detail with words exactly where you feel pain.  For example, if you have back pain, you would need to say “it is in my lower back and radiates down my right leg” if that is the case. What does the pain feel like?  Descriptive terms like dull, throbbing, stabbing, sharp, burning can usually give a Judge a good idea of what you are experiencing.  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. How often do you have the pain?  It is fine to say you experience pain all the time if that is the case, but if it is only when you perform certain activities, you should explain it in more detail to the Judge.  This is where you may want to describe difficulties standing, walking, sitting, lifting, and performing daily activities. Can you rate your pain on a scale of 1 to 10 … Continued

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June 12, 2017

Is Your Back Pain Preventing You From Working?

I have represented thousands of my Indiana neighbors in their Social Security disability claims, and I can easily say back pain is the most common disabling condition I see.  This pain can be so severe an individual cannot stand, walk, or even sit for any extended period of time.  These types of postural limitations can create an inability to hold down any type of job.  Many of my clients need to change positions constantly, lie down, and take very strong medication just to make the pain bearable. When reviewing your case, there are specific things the Social Security Administration (SSA) will examine.  For example, do you have objective testing showing the severity of your condition?  Just complaining about back pain is usually not going to get you benefits.  Objective testing like X-rays and MRI’s indicating the severity of your condition can be key in a finding of disability. Are you complying with or seeking appropriate treatment?  In my experience, the SSA and most judges want to see that you are trying to make your back better.  This is often done through medication, physical therapy, electrical stimulation, injections, and surgeries.   Exhausting some, or all, of these avenues and still experiencing severe pain can show the SSA you are complying with treatment and that the pain still persists. The SSA has various rules it uses when evaluating back problems.  It can find you disabled by using its Listing of Impairments or by deciding whether or not you have such severe functional limitations you are unable to work an eight-hour day, five days a week.  It is also important to remember the SSA will examine all of your impairments in combination when deciding if you are disabled.  Many of my clients have more than one severe impairment that is creating their inability to … Continued

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June 29, 2015

Social Security Disability Benefits for Back Pain

A large number of my clients suffer from back pain, and there are many possible causes: degenerative disease, injury, or years of overexertion.  The Social Security Administration (SSA) recognizes that severe back pain can be disabling, but you must have adequate documentation to prove you have a severe medical impairment.  In other words, you must be able to provide medical evidence to show that your pain is the result of a medical diagnosis and that it has more than a minimal effect on your ability to work.  Then you must show that your condition either meets or equals Social Security’s Listing of Impairments §1.04 for disorders of the spine, or that it keeps you from working at your past occupation or any other occupation.  Your age, education level, and work experience can also figure into a finding of disability. What does the SSA mean when they say you must “meet or equal a listing” to be found disabled?  When it comes to your back, the SSA will look at the criteria in §1.00: Musculoskeletal System.  In particular, Listing 1.04: Disorders of the Spine usually comes into play.  To meet Listing 1.04, you must have medical imaging showing that you have nerve root compression, arachnoiditis, or lumbar stenosis in your spine.  You must also have clinical evidence (treatment notes, for example) indicating specific corresponding physical symptoms. If you do not meet or equal a listing, you may be found disabled due to your limited residual function capacity (RFC).  If the SSA finds that your ability to stand, walk, sit, and lift is so decreased by your back pain that you are unable to work, you might be found disabled.  In this scenario, the SSA may also take into consideration your age, education, and prior work experience to determine if you are … Continued

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January 23, 2014

Back Pain and Social Security Disability Benefits

In my Indianapolis Social Security disability practice, most of my clients include back pain as an impairment that keeps them from working.  If you have ever suffered from back pain, you may understand why these individuals claim they are simply in too much pain to perform even the most simple tasks.  You can receive disability benefits for back pain, but it will take more than simply claiming that your back hurts.  In my experience, you are going to need medical records that support your claim.  In this blog I will describe what I find helpful in proving your case. Objective testing – Tests such as MRIs and x-rays can show the severity of your condition.  In my experience these tests, especially MRIs, can make a big difference in proving that your pain is caused by a severe medical impairment.  Some findings that indicate severe impairments include nerve root impingement and severe stenosis. Medical procedures –  What are you doing to try to resolve the problem?  If you are not receiving treatment for your back pain, or if you are resisting the treatment options presented by your doctor, Social Security may conclude that your pain does not bother you that much.  Some of the procedures doctors recommend for back pain include surgery, injections, and physical therapy. Medical source statements –  Sometimes winning your disability claim requires an extra push and some support from your medical provider.  My office strives to get our client’s treating physicians to complete medical source statements.  These statements include Physical Residual Functional Capacity Assessments and questionnaires regarding whether you meet or equal Social Security’s Listing of Impairments as described below. One of the ways Social Security can find you disabled is if you meet or equal its Listing of Impairments.  Listing 1.04 details how an individual can … Continued

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November 29, 2012

Social Security Disability Benefits For Back Pain

As an Indiana Social Security attorney, the majority of my clients suffer from back pain. I personally have occasionally experienced back pain that makes it hard to move around, and I sometimes wonder what my life would be like if the pain was present all of the time. I believe it would be difficult, if not impossible, to work a full time job if this was happening to me on a constant basis. I can sympathize with my clients when they describe their pain to me, but I also realize sympathy is not what they want. They want to be able to provide for themselves and their families when they are unable to work due to back problems. It is important for Social Security disability claimants to know there is a very specific way the Social Security Administration (SSA) looks at impairments involving the spine. One of the first things the SSA looks at when examining claims involving the spine is whether or not the individual meets or equals a “Listing”. The SSA publishes a set of guidelines that details what the SSA considers to be disabling conditions. Listing 1.00 covers the musculoskeletal system.  Listing 1.04 specifically covers disorders of the spine, and in order to meet it you must have objective evidence (e.g., medical tests or imaging) of your impairment. MRIs can be of great importance when attempting to show you meet or equal this listing. You usually cannot depend on the SSA to send you for the appropriate testing and imaging; instead your own physician must conduct testing or refer you for testing that proves you have the required criteria. When I am trying to prove that a client meets or equals this listing, I send questionnaires to the treating physicians requesting they provide relevant details about the … Continued

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