Monday, January 11, 2021

DISABILITY BENEFITS FOR CHRONIC PAIN

 Chronic pain can be defined two ways:

1.  Pain that lasts longer than the usual course of an illness or injury.  

2.  Recurring pain that has lasted 6 months or longer.

While Social Security's Blue Book does not have a listing for chronic pain, it may be possible to get benefits.  But there are some things you should know about chronic pain:

1.  Social Security cannot pay for symptoms only.  You must establish that you have a medically determinable illness or impairment that can reasonably explain the chronic pain.

2.  Your medical impairment must be determined by objective medical tests or investigation.  You should have X-rays, MRIs, CAT scans, laboratory tests, etc. to diagnose the condition.

3.  The pain must be a reasonable symptom of the diagnosed medical condition.  

4.  There should be current medical records that documents the location(s), nature and severity of pain.

  • In what parts of the body does pain occur?
  • Is the pain described as burning, aching, stabbing, throbbing?
  • Does the pain occur constantly, frequently, or only occasionally?  Be specific.
  • What exacerbates (brings on) the pain?  What relieves it?
  • What treatments have you tried to help reduce the pain?

Again, it is extremely important that the chronic pain is understood to be the result of a medically determinable impairment.  It cannot be just that, "I have a lot of pain."  

If possible, get a treating doctor to provide a Treating Source Statement specifying how work-related activity would be restricted by the pain.  In other words, specifically how would it limit such abilities as standing/walking, sitting, bending, lifting, kneeling, using arms and hands, concentration, completion of work tasks, etc.

Social Security may approve a benefit if it is convinced that pain is so severe that it prevents the ability to perform full-time work (i.e., 8 hours per day, 5 days per week or an equivalent schedule).

 

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