Can disability be based on pain?

The rules and regulations of the Social Security Administration provide that pain must be considered in evaluating whether or not a person is disabled. The regulations require that the Administrative Law Judge consider all your symptoms, including pain.

The following chart demonstrates the typical pain levels that are seen by an Administrative Law Judge:

• Mild - Would constitute an awareness but causing no handicap in the performance of the particular activity
• Moderate - Could be tolerated but would cause some handicap in the performance of the activity precipitating the pain
• Moderately Severe - Could be tolerated but would cause marked handicap in the performance of the activity precipitating pain
• Severe - Would preclude the activity precipitating the pain

Pain at the moderately severe or severe level would usually mean you are disabled and unable to work.

Mac Downs has tried more than 1,000 Social Security disability cases. For help with disability claims, call the Downs Law Firm. No attorney fee charged unless you win.

The Judge is going to send me for PCE-Will it hurt? (And what is it?)

A PCE is a Physical Capacities Evaluation performed by a physician or physical therapist. It is a written report which describes your ability to do typical day-to-day activities such as sitting, standing, walking, lifting and/or carrying (It usually will not hurt.)

In the Social Security system, part of the judge's job is to determine whether you have the ability to work an 8-hour day at various levels of activity.

The doctor or therapist will have you do a series of movements such as lifting or walking while he/she observes you. He/she will also try to be sure that you do your best in performing the activities. If you don't put forth a good effort, the test would not show your true ability.

The judge will get a copy of the report and will also provide a copy to you or your attorney. The report then becomes a part of the evidence in your case.

If you have any questions concerning this article or any other matters relating to Social Security disability, please feel free to contact Attorney Mac Downs. Downs is a member of NOSSCR (National Organization of Social Security Claimant's Representatives).

Mac Downs has tried more than 1,000 Social Security disability cases. For help with disability claims, call the Downs Law Firm. No attorney fee charged unless you win.

Medicine side effects (my medicine makes me sleepy-would that affect my case?)

Effects such as sleepiness or drowsiness are often referred to as "side effects" of medications. Many medicines prescribed by doctors cause such side effects. How much you are affected can be important in your Social Security disability case.

Regulations of the Social Security system provide that medication side effects must be taken into consideration in your case. The judge must decide how much the medicine affects you in a typical day. If the medicine causes you problems such as having to lie down, you normally can't work a job. Other problems such as being unable to remember work instructions can also prevent you from working.

Side effects can be proved by your testimony as well as by written records such as the printout you receive from your pharmacist. The printout normally will talk about the medicine side effects and may include warnings such as avoiding hazardous machinery, etc.

Mac Downs has tried more than 1,000 Social Security disability cases. For help with disability claims, call the Downs Law Firm. No attorney fee charged unless you win.

My husband has depression which keeps him from working. Could he receive disability based on depression if he has no physical problems?

The Social Security Administration recognizes that depression can prevent a person from being able to work even though they may be physically able to work. Examples which would show the depression is severe enough for disability would be as follows:

Have four of the following

• Loss of interest in almost all activities; or
• Loss of appetite with change in weight; or
• Sleep disturbance; or
• Psychomotor agitation or retardation; or
• Decreased energy; or
• Feelings of guilt or worthlessness; or
• Difficulty concentrating or thinking; or
• Thoughts of suicide; or
• Hallucinations, delusions or paranoid thinking.

And also two of the following:

• Marked restriction of activities of daily living; or
• Marked difficulties in maintaining social functioning; or
• Marked difficulties in maintaining concentration, persistence, or pace; or
• Repeated episodes of decompensation, each of extended duration.

If your husband's depression is this severe, he would normally be considered disabled.

Mac Downs has tried more than 1,000 Social Security disability cases. For help with disability claims, call the Downs Law Firm. No attorney fee charged unless you win.

Do I Need an Attorney in my Social Security Disability case?

1. This is probably your first Social Security case. Your Social Security attorney is experienced in guiding clients through the complicated steps of this process.
2. Missed deadlines can lose your case. Your attorney knows what papers need to be filed and where and when.
3. Your attorney will advise you on what medical information is needed to win your case.
4. Your attorney will tell you what questions the judge will ask you at the hearing.
5. Your attorney will present your case to the judge based on the rules and regulations that apply.
6. Sometimes important records are left out of a file. Your attorney will make sure all your records are in your file.
7. Your attorney can copy your file from the Social Security Administration so an exact copy of your records can be studied in preparation for your hearing.
8. Your attorney can encourage you not to give up through the long delays in the process.
9. Your attorney will not charge you an attorney fee unless you win your case.

Mac Downs has tried more than 1,000 Social Security disability cases. For help with disability claims, call the Downs Law Firm. No attorney fee charged unless you win.

My doctor says I have Fibromyalgia. Will this make any difference in my Social Security Disability claim?

The Social Security Administration now recognizes that the condition of fibromyalgia can be serious enough to disable an individual. One of the problems in evaluating the disease in a Social Security disability claim is that the symptoms are entirely subjective. That is, there are no laboratory tests for the presence or severity of fibromyalgia.

The principal symptoms often cited by individuals relate to "pain all over", fatigue, disturbed sleep, stiffness and multiple tender spots. (The general rule of thumb is that if a patient has 11 of 18 of the tender spots, then they are generally diagnosed as having fibromyalgia.)

In determining whether the fibromyalgia is disabling, the Administrative Law Judge must evaluate the subjective complaints of the person and determine the weight and credibility to be given to the testimony of the person. Opinions of the treating physician are often very important.

If the Administrative Law Judge determines that the effects of the fibromyalgia symptoms are severe enough, the person would generally be determined to be disabled.

Mac Downs has tried more than 1,000 Social Security disability cases. For help with disability claims, call the Downs Law Firm. No attorney fee charged unless you win.

My Social Security disability claim has been pending for over a year and I have had no income. My utilities are being turned off and I am being evicted. Can anything be done to speed up my case?

The Social Security Administration recognizes several situations which can allow your case to be processed faster. One of the situations is referred to as dire need. A dire need situation exists when a person has insufficient income or resources to meet an immediate threat to health or safety such as lack of food, clothing, shelter or medical care.

You must be able to show that you have specific immediate circumstances such as (1) lack of food; (2) lack of medicine or medical care; and/or (3) lack of shelter such as a situation where the utilities are shut off and the home becomes uninhabitable, etc. The threat of eminent eviction or foreclosure with no means to remedy the situation or obtain shelter would be an example.

If you meet this dire need, then your case would be considered as a critical case and it would be processed faster. In addition, the Staff would also try to determine if a decision could be made without the need for a hearing in your case. Your case would also have attached to the front of the file, a note that it was a dire need case.

Mac Downs has tried more than 1,000 Social Security disability cases. For help with disability claims, call the Downs Law Firm. No attorney fee charged unless you win.

My wife has Diabetes. Could she receive disability based on Diabetes?

Diabetes can result in several problems which interfere with a person's ability to work.

The disease can blur a person's eyesight to the extent that work becomes difficult or impossible. Diabetes can also make you feel so tired that you are not able to last 8 hours at work.

One of the most serious problems caused by diabetes is peripheral neuropathy. Peripheral neuropathy results from damage to the nerves in the body that carry signals between the central nervous system and the muscles, skin and internal organs. This can lead to extreme pain and difficulty in walking or standing.

Diabetes that is severe enough is considered disabling under the rules of the Social Security Administration.

Mac Downs has tried more than 1,000 Social Security disability cases. For help with disability claims, call the Downs Law Firm. No attorney fee charged unless you win.