The disability hearing requires that you know how to communicate your limitations effectively. This includes symptoms that can be difficult to explain, such as pain.
If you’re wondering how to describe the pain to a disability judge, all you need to do is be precise and honest. Try to use as many specifiers as possible. Use numerical values when explaining how frequently the pain happens.
Keep reading below for more information.
What SSA Needs to Determine Pain
Your doctor should document all your comments regarding your pain level in the official medical record. Your health records are crucial. A nurse practitioner or physician’s assistant can also record your pain reports. Your claims, of course, must be backed up by hard medical evidence.
You can complain about your body hurting all you want, but ultimately your doctor will order an X-ray or MRI to prove that there is a problem. If the MRI or X-ray fails to reveal a cause for your pain, the Administrative Law Judge is less likely to find your complaints credible.
You could say that the SSA needs concrete evidence from a doctor to approve your claim. For instance, if your arm breaks, you might realize it immediately due to the excruciating pain. However, you’ll need an X-ray to prove the broken bone to the Social Security Administration.
How to Describe Pain to a Disability Judge
You will need to provide a description of the pain you are experiencing (for instance, does the pain feel like burning, stabbing, aching, pins and needles, or numbness?) as well as the degree to which it is affecting you).
In a hearing, you may be asked to rate your daily pain on a scale from 0 (no pain) to 10 (extreme pain). Most judges will not believe you if you say you experience constant pain at a “10” level since they believe that anyone experiencing that level would either seek medical attention or curl up in a ball.
The goal of pain medication is also to get you to a level of pain that’s less than a 10.
Those who experience both good and bad days should detail what a good day entails (such as being able to do light housework) and what a bad day entails (such as being confined to a recliner for the majority of the day) and the frequency with which each occurs.
If you testify that you experience good days “sometimes,” “occasionally,” or “once in a while,” the judge will have no way of knowing whether you mean once per week or four times per week. For the judge to make an informed decision, they need you to provide them with the best estimate possible using numerical data.
What Happens at a Disability Hearing
One of the most important parts of the disability benefits process is the hearing in front of an Administrative Law Judge. It’s your chance to meet the person who will decide your disability status in person.
At the hearing, what is not said can be just as crucial as what is. You can tell your “story” to an attentive audience here.
The hearing itself will be fairly casual, though standard procedural rules will still apply. Most hearings last about an hour, but the length can vary depending on the number of witnesses and the complexity of the case.
The Administrative Law Judge ALJ and the claimant are not the only people present at the hearing; the judge also has a hearing assistant who performs necessary clerical duties and records the proceeding for future reference.
The ALJ may also consult with medical and vocational specialists if further clarification is needed. There is no requirement for their presence at every hearing; their role is limited to providing testimony on issues outside the ALJ’s area of expertise.
No Social Security Administration representative will “cross-examine” you or contest your claims. Of course, the Administrative Law Judge will ask you about any discrepancies during your testimony.
Under oath, the ALJ will ask about the following three main topics: (1) your age, education, and employment history; (2) your health problems and on what grounds you claim disability; and (3) the impact your health condition has had on your daily life. If you have legal representation, your disability lawyer can ask questions and present arguments on your behalf to help build the record.
The hearing is the only time the applicant (you) and the Social Security Administration (SSA) are physically put in a single room with one another, as most of the application procedure is completed by sharing paperwork.
As a result, the events that take place during that hearing are likely to have a greater influence on the final result of a claim than those that take place during any other stage of the process.
How to Succeed at Your Disability Hearing
Following the submission of your appeal, you should anticipate receiving a notice in the mail that will inform you of the date and time of your hearing. You will receive this notice anywhere from 20 to 30 days in advance to notify you of the date and time of your hearing.
You will want to make sure that you submit any new medical documents that relate to your case at least a week before the hearing takes place. The new medical evidence may include any newly generated doctor’s reports or examinations.
You or your representative may submit a brief in advance of the hearing, in addition to presenting any new medical evidence that you may have.
In the brief, you can explain the reasons why you believe you should be awarded disability benefits. The new medical documentation can be summarized, and your eligibility for disability benefits can be demonstrated.
It’s crucial that you remember that your hearing is a formal legal process. Dress appropriately, which means maintaining a neat and modest aesthetic. You must also show up on time, speak politely, and comply with the ALJ’s directions.
You can expect to be questioned by the administrative law judge during the hearing. Your representative should help you get ready for these sorts of questions before the hearing. It’s also a good idea to go over your case paperwork one last time before your hearing.
Your attorney will ask questions designed to illustrate the challenges you face daily to the Administrative Law Judge. Your lawyer will guide the ALJ through a series of questions designed to show how much your disability affects your daily life.
Your disability hearing will almost certainly also include testimony from a vocational expert (VE). The VE’s role is to offer advice on the types of work you can do in light of your health issues. Because of the nature of your condition, your disability attorney will be able to ask the VE questions to challenge any information that might not be accurate.
If you feel like the ALJ needs more information on a particular point or question, you can always ask if you can submit a brief written explanation. You should consult with your disability attorney before submitting any written explanation to the ALJ. You should also be to the point when explaining things. Make sure you only write about the topic you’ve been authorized to write about.
What Does a Lawyer Do During a Disability Hearing?
It’s possible that your attorney won’t have to ask you many questions during the hearing if you’ve done your homework and come prepared, thanks to the meeting you had with your attorney before the hearing.
In hearings with judges who prefer to ask the majority of questions, your attorney should only question you when he or she believes you weren’t straightforward or if there were issues that weren’t identified during your testimony.
Your lawyer will likely do most of their work for you before and after the actual hearing. Your attorney will collect medical records, request witness statements, and conduct medical and legal research on your behalf.
Your attorney may submit a written closing argument or present oral arguments at the hearing. In many cases, a closing argument is unnecessary if the case is well-developed through clinical findings and the claimant’s testimony.
Your attorney is limited in one respect: they cannot speed up the process. The timing of the written decision is uncertain. You and your attorney will each receive a copy of the written decision when it is mailed to you.
You shouldn’t expect a judge’s ruling for at least a month, and probably closer to two. There are times when you have to wait for even longer for a hearing decision to be mailed to you. Some judges move at a glacial pace.
Conclusion
Describing pain is a difficult process. If you’re wondering how to describe pain to a disability judge, you should go through the tips discussed in this article. A consultation with your SSDI lawyer in this regard will also help.
