Chronic pain is the most limiting symptom for many Social Security disability clients, regardless of their accident, sickness, or condition. People in chronic, severe pain cannot. It can work 24 hours a day, seven days a week. However, establishing that a claimant is in pain is extremely difficult, especially under the Social Security Administration’s criteria.
How To Demonstrate Chronic Pain At A Social Security Disability Hearing:
At your Social Security disability hearing, the Administrative Law Judge (ALJ) will consider your pain and how it affects your ability to perform basic work activities. but only after you’ve established that you have medically determinable physical or mental impairments that could reasonably be expected to cause pain using “objective medical evidence.” Put another way, saying “My back hurts” isn’t enough.
In basic terms, RFC is the maximum amount of activity you can accomplish after considering the consequences of physical and mental constraints that restrict your capacity to do work-related tasks.
The ALJ will determine the believability of your assertions about your pain and its functional implications. The court will examine medical evidence and your testimony regarding pain when considering the reliability of your remarks. The court will review your practical limits and restrictions resulting from pain to see if they are compatible with the other evidence in the case record, including objective medical data.
To put it another way, see a doctor and take your prescription. The judge would most likely question you where you have discomfort and how you would characterize it throughout your hearing. Although pain is challenging to convey, you should try your utmost to describe it to the court as precisely as possible. This would entail informing the judge what kind of pain you’re in (burning, stabbing, etc. ), how often you’re in it, and how you’d measure it.
If you follow these ideas, you’ll have a far higher chance of convincing the ALJ to take your chronic pain into account when reaching a disability finding in your claim. If you have any further legal issues, you should get advice from a specialist like Fusco, Bradenstein & Rada, P.C. For more information, click here.