Monday, January 11, 2021

DISABILITY BENEFITS FOR CHRONIC PAIN

 Chronic pain may certainly be disabling.  However, it is not listed in Social Security's Blue Book as a medical condition.

You may get SSDI benefits for chronic pain but there are some definite requirements.

First, let's define what we mean by "chronic pain."

It is pain that lasts longer than the expected discourse of an illness or injury.  Or, it may be pain that has lasted more than about 6 months.

Pain is a symptom of an injury or illness.  Social Security does not award benefits for symptoms alone.  So, your doctor must determine the underlying source or cause of pain.  Here are steps to take before applying for disability benefits for chronic pain.

1.  You must have a definite diagnosis of a medically determinable impairment that causes the pain.  This definition needs to be based on X-rays, imaging, lab tests or other objective, medically accepted investigations.

2.  The pain must be shown to be a reasonable symptom of the type of medical condition that has been diagnosed.

3.  You should do everything possible to mitigate the pain, such as seeing specialists and following medical treatment.

4.  Severity and frequency of the pain should be documented in your medical records, along with location(s) and description of the pain.  Is it aching, throbbing, stabbing?  Does it radiate or move?  Is it constant, frequent or occasional?

5.  If possible, get a treating doctor to provide a treating source statement, opining how the chronic pain will limit the ability to perform work-like activity.  For example, being absent from work, being off task, inability to concentrate or complete tasks, difficulty bending, standing, walking, etc.  The more specific, the better.

So, a claimant with images showing a herniated lumbar disc with nerve root encroachment could reasonably be expected to have severe back pain.  However, a claimant complaining of severe back of unknown etiology needs medical tests to determine the cause of the pain prior to filing a disability claim.

The other thing to consider:  Social Security accepts that certain symptoms renders a person unable to perform certain types of work, not necessarily all work.  An individual who cannot stand and/or walk more than 2 hours per day, and who is limited to lifting no more than 10 pounds occasionally could not perform work at the heavy or medium exertion levels--but might be able to perform sedentary level work.

Claimants below age 55 are usually not considered "disabled" under Social Security's rules unless that are unable to perform any full-time work.  So, age plays a definite part in the evaluation of a disability claim.


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