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Archive for the ‘Chronic Pain’ Category

Chronic Pain as a Basis for Social Security Disability Benefits: Part 1—Objective Evidence

Wednesday, March 14th, 2012

Chronic pain can be defined in a number of different ways. It can be continuous, irregular, or intense. It can be pain that cannot be eliminated by standard medical treatment, pain that persists after an injury or illness has resolved, or pain for which no origin can be determined.

Many Florida Social Security disability clients suffer from chronic pain. However, claimants suffering from chronic pain sometimes have trouble convincing the Social Security Administration that their pain prevents them from working because pain tends to be subjective and difficult to measure. Thus, the Social Security Administration will look at the credibility of the claimant’s description of his or her pain in order to determine if Social Security disability benefits will be awarded.

In order to assist in its decision-making process, the Social Security Administration will evaluate the extent to which your pain prevents you from working with the following questions:

  1. Do you have objective evidence that demonstrates a “medically determinable impairment” that could reasonably be the origin of your pain? Stated another way, your medical records and doctors’ reports must illustrate an underlying physical or mental impairment that could reasonably be expected to cause the pain.
  2. If you are able to demonstrate a “medically determinable impairment,” how intense and persistent is your pain and how does it limit your ability to perform basic work activities?

Your credibility in describing the intensity and persistence of your pain can be crucial to the success of your case. In order to determine your credibility, the Social Security Administration will look to see whether your statements describing your pain are consistent with the medical evidence and other evidence presented in your case.

Objective Evidence of a “Medically Determinable Impairment”

Your chronic pain must be related to a “medically determinable impairment.” The impairment must be an anatomical, physiological, or psychological abnormality that can be shown through objective evidence consisting of medically acceptable clinical and laboratory diagnostic techniques.

Without this objective evidence, mere statements that you suffer from pain are not enough to prove you are disabled. No matter how genuine your complaints of pain are, the Social Security Administration requires medical signs and laboratory findings that show the existence of a medical impairment that is consistent with your subjective evidence of chronic pain before awarding Social Security disability benefits.

Contact dedicated Florida Social Security disability lawyer Claudeth Henry to discuss establishing a claim based on chronic pain or for a free initial consultation.

 

Chronic Pain as a Basis for Social Security Disability Benefits: Part 2– Intensity and Persistence

Tuesday, March 13th, 2012

If you have a medically determinable impairment, that is — your medical records and doctors’ reports illustrate an underlying physical or mental impairment that could reasonably be expected to cause your pain, the Social Security Administration next evaluates the intensity and persistence of your pain to determine how it limits your ability to perform basic work activities. The Social Security Administration will consider all evidence that has been presented including, but not limited to, your medical history and findings and statements from you, your treating physicians, or other persons, regarding how you are affected by your pain. The Social Security Administration will also consider medical opinions of doctors who have treated or examined you.

In addition to objective medical evidence, the Social Security Administration also considers the following in evaluating your pain:

  • Your daily activities;
  • The location, duration, frequency, and intensity of your pain or other symptoms;
  • Factors that may cause or exacerbate your pain;
  • Medications you take or have taken to treat your pain, including the type of medication, the dosage, the effectiveness and any side effects;
  • Treatments, other than medication, you receive or have received for your pain;
  • Steps, other than treatment, you have taken to relieve your pain (e.g., lying down, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and
  • Other factors relating to your functional limitations and restrictions that are due to your pain.

Due to the subjectivity of pain and the resulting difficulty in measuring it, the Social Security Administration is required to consider any limitations that are reported by you, your treating or examining doctors, or other persons that are consistent with objective medical evidence and other evidence presented in your case.

For some Florida Social Security disability claimants, their pain may be even more severe than the objective medical evidence suggests. There are several medical conditions, such as back pain and arthritis, in which the objective medical evidence may not support the symptoms. Simply because the intensity and persistence of your pain are more severe than the objective medical evidence may demonstrate, the Social Security Administration will not necessarily reject them. Rather, the Social Security Administration must consider the integrity of your statements based on a consideration of the complete case record.

Contact experienced Ocala Social Security disability lawyer Claudeth Henry at (352) 304-5300 to discuss establishing a claim based on chronic pain or to discuss your claim for Social Security disability benefits.

 

 

 

Claimants Under 50: Manipulative Limitations

Sunday, February 26th, 2012

To qualify for Social Security disability benefits if you are under the age of 50, you will likely need to prove you cannot perform most sedentary jobs.  Sedentary work is the physically easiest type of work recognized by the Social Security Administration.  Even so, sedentary jobs require the ability to sit for extended periods and do some walking and standing.  As discussed in the previous post, sitting, walking, and standing limitations can significantly reduce the number of sedentary jobs you can perform.

Sedentary jobs also typically require a certain capacity to manipulate objects with the hands and fingers.  Proof that you lack the requisite dexterity can help to establish that there are few sedentary jobs that you can perform.

Specifically, most unskilled sedentary jobs require bilateral manual dexterity, in other words, good use of both hands and fingers. To accomplish fine movements of small objects, you need use of the fingers to pick or pinch.

Most unskilled sedentary jobs also require good use of the hands and fingers for repetitive hand-finger actions. Any significant limitation of your ability to handle and work with small objects with both hands will significantly limit the number of unskilled sedentary jobs you can do.

Likewise, the ability to reach and handle is required in almost all jobs. Reaching is extending the hands and arms in any direction and handling means seizing, holding, grasping, turning or otherwise working primarily with the whole hand or hands.  Significant limitations in your ability to reaching or handling, therefore, may eliminate a large number of occupations you could otherwise perform.

An Ocala disability lawyer can help assess your manipulative limitations and their impact on your ability to work. Contact experienced Ocala Social Security disability attorney Claudeth J. Henry for a free evaluation of your claim. Fill out the form on this page or phone (352) 304-5300 if you prefer.


Chronic Pain as a Basis for Social Security Disability Benefits: Your Credibility

Wednesday, February 1st, 2012

Your credibility is the extent to which your statements regarding your pain can be believed and accepted as true. There are two significant factors that can increase the credibility of your statements concerning your pain:

  • The consistency of your statements to each other and with other information in your case record. All statements made by you regarding your pain that are in your case record will be examined by the Social Security Administration. These include statements made to your doctors that have been recorded in your medical records, statements made in Social Security disability forms and questionnaires that were prepared during the application process, statements made in connection with claims for other types of disability benefits, and testimony at your hearing. Consistency in your statements is key to your credibility. However, inconsistency does not necessarily mean that your statements are not credible as long as the inconsistency can be explained, such as if your pain fluctuates over time or your treatments stop working. The Social Security Administration will also compare your statements to reports and observations of other persons concerning your daily activities, behavior, and efforts to work, including any observations recorded by Social Security Administration employees.
  • A history of seeking and following treatment for your pain. If you are able to present evidence that shows you sought treatment for your pain and followed the prescribed treatment, this will support your allegations of intense and persistent pain. Continual efforts to achieve pain relief, such as through consultation with pain specialists, and testing the effectiveness of different medications or treatments, increase your credibility. Conversely, your statements concerning the severity of your pain may lose credibility with the Social Security Administration if you delayed seeking treatment, or if the medical records indicate that you have not followed the prescribed treatment, without reason.

Contact experienced Ocala disability lawyer Claudeth Henry to discuss establishing a claim based on chronic pain or for a free initial consultation. To schedule your appointment, fill out the form on this page or call (352) 304-5300.

 

Evaluating Chiropractic Evidence in Social Security Disability Cases

Monday, January 23rd, 2012

An experienced Florida Social Security disability attorney will tell you that the Social Security Administration differentiates between evidence from “acceptable” medical sources and “other” medical sources.

You may be surprised to learn that chiropractors appear on the list of “other” medical sources, a list that includes, among others, nurse practitioners and naturopaths. In fact, the administrative law judge hearing your Social Security disability case may consider chiropractic evidence to be the least reliable form of “other” medical source evidence. Accordingly, the judge presiding over your hearing may assign less weight to records from your chiropractor compared to records from other medical sources. Likewise, the judge may give less credibility to your chiropractor’s opinion regarding your impairment.

Due to the lack of credence given to chiropractic evidence in Social Security cases, you should not rely solely on chiropractic evidence to prove that you are “disabled” as defined by the Social Security Administration. You are advised to get an opinion regarding the existence of your disability from an “acceptable” medical source, such as a medical doctor. You may, however, rely on records from your chiropractor as additional evidence of the severity of your injury and its effect on your ability to perform your job duties. Thus, if regular chiropractic treatment provides you relief, you should continue to see your chiropractor, obtain an opinion from your chiropractor, and you or your Florida Social Security disability attorney should present this to the judge presiding over your case as supplemental evidence that you sought ongoing treatment for disabling pain.

For more information about your disability case, contact dedicated Ocala disability lawyer Claudeth Henry for a free consultation today. Simply fill out the form on this page or call (352) 304-5300.

 

CAT SCAN TECHNOLOGIST WITH FIBROMYALGIA AND CHRONIC PAIN WINS AGAINST UNUM

Saturday, October 30th, 2010

A CT technologist at an area hospital applied for benefits under her disability insurance policy that she paid for through payroll deductions. Although she had rotator cuff tear for many years, her employer accommodated her restrictions so that she could continue working. She filed a claim when Fibromyalgia and Chronic Fatigue, combined with her other medical conditions, made it impossible for her to perform the duties of her occupation. As a CT technologist, she needed to be able to walk, bend, stoop, lift and reposition patients and equipments and be ready to respond in an emergency.

Unum denied her STD claim, solely on the basis that the condition was work related. Claudeth Henry, of CJ Henry Law Firm, PLLC partnered with her workers’ compensation attorney and her physician to establish her disability independently of the work related injury. She provided excerpts of her client’s orthopedic surgeon deposition, who testified that the industrial injury did not cause her fibromyalgia or her rheumatologic condition. She also proved that her primary medical conditions, Fibromyalgia and Chronic Fatigue, limited her ability to meet the physical demands of her occupation as a CT Technologist independent of her rotator cuff tears.

CJ Henry Law Firm, PLLC filed the appeal on December 15, 2009, and on January 13, 2010, received a letter reversing the denial. A week later we received a check covering the entire 22 weeks of STD benefits. This quick resolution was due to the hard work of Ocala disability insurance attorney Claudeth Henry and the her team at CJ Henry Law Firm, PLLC, whose mission is to seek justice for the disabled, one client at a time.

We have represented many policyholders who have claims against their disability insurance carrier and many who suffer from the debilitating effects of Fibromyalgia or other disabling conditions. We represent clients with initial applications for benefits, in appeals, litigation, settlement and policy buy-outs. If you have a problem with a disability policy, or are preparing to file a disability claim, please call us at 352-304-5300 or click here to contact us.

Chronic Pain Exists Even One Year Post Injury

Wednesday, February 4th, 2009

Arch Surg. 2008 Mar;143(3):282-7;
Prevalence of pain in patients 1 year after major trauma.Rivara FP,
Mackenzie EJ, Jurkovich GJ, Nathens AB, Wang J, Scharfstein DO.
Departments of Pediatrics and Epidemiology, Harborview Injury Prevention and Research Center, University of Washington School of Medicine, Box 359960, 325 Ninth Ave, Seattle, WA 98104, USA. fpr@u.washington.edu

OBJECTIVES: To describe the prevalence of pain in a large cohort of trauma patients 1 year after injury and to examine personal, injury, and treatment factors that predict the presence of chronic pain in these patients.

SETTING: Sixty-nine hospitals in 14 states in the United States.

PATIENTS: There were 3047 patients (10 371 weighted) aged 18 to 84 years who were admitted to the hospital because of acute trauma and survived to 12 months after injury.

MAIN OUTCOME MEASURE: Pain 12 months after injury measured with the Chronic Pain Grade Scale. RESULTS: At 12 months after injury, 62.7% of patients reported injury-related pain. Most patients had pain in more than 1 body region, and the mean (SD) severity of pain in the last month was 5.5 (4.8) on a 10-point scale. The reported presence of pain varied with age and was more common in women and those who had untreated depression before injury. Pain at 3 months was predictive of both the presence and higher severity of pain at 12 months. Lower pain severity was reported by patients with a college education and those with no previous functional limitations.

CONCLUSIONS: Most trauma patients have moderately severe pain from their injuries 1 year later. Earlier and more intensive interventions to treat pain in trauma patients may be needed.

Depression and Pain: Is it all in your head?

Wednesday, February 4th, 2009

Pain and depression are among the leading causes of long term disability. According to a literature review, on average 63 % of patients with depression experience one or more pain complaint and depression is present in 5% -85% (depending on the study setting) of patients with pain conditions. [Matthew J. Bair, MD, MS; Rebecca L Robinson, MS; Wayne Katon, MD and Kurt Kroenke, MD Arch Intern MED/Vol 163, Nov 10, 2003]

Insurance carriers love to see these conditions in your medical records because those conditions allow them to limit or deny benefits caused by self reported symptoms. You should know there are ways to objectify your complaints. Therefore, you must seek legal representation should your insurance claim be denied based on a self reported condition.

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CJ Henry Law Firm, PLLC
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Phone: 352.304.5300
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