Pain is the human body's reaction to trauma while recovering from injuries or illnesses. In most cases, the discomfort of aching, cramping, or soreness goes away once the body has had a chance to heal itself. Unfortunately, that is not always the case; sometimes instead the pain continues. When pain persists for six months or more, regardless of the cause, it is considered chronic. Millions of adults in the United States suffer from ongoing pain that can be debilitating. Continuous pain by itself is not considered a medical diagnosis or listed as a disability qualifying for Social Security disability benefits, yet severe, unremitting pain can make carrying out the tasks needed to hold a job difficult to impossible. Further complicating the situation for individuals applying for disability benefits, pain in the absence of acute trauma is often invisible, so simply proving that the debilitating symptoms exist can sometimes present a challenge. These difficulties do not mean, however, that there are no options available to you. Consider seeking help from an experienced Michigan Social Security disability lawyer from Bruce L. Weider, PC by calling (734) 485-0535 and scheduling a consultation to discuss your legal options for establishing a disability for chronic pain claim.
Chronic Pain Syndrome and Qualifying for Benefits
The Cleveland Clinic defines chronic pain as pain lasting at least three months. Over the course of these three months, the pain may be constant, or it may come and go, hindering the completion of daily tasks and normal activities. The pain can be in any area of the body, including back or joint pain, migraines and continuous headaches, and generalized nerve or muscle pain. Chronic pain disorders are more typical after someone sustains severe injuries, such as spinal cord and central nervous system damage, with the pain continuing after the tissue damage appears to be healed. The symptoms may persist for an extended period before resolving, or they may be permanent.
Chronic Pain and Medical Diagnoses
The Social Security Administration (SSA) provides a standard list of disabilities that qualify for benefits. Chronic pain alone, even when severe, does not qualify under the agency’s guidelines. However, some individuals who are unable to function normally due to severe chronic pain may be able to qualify for Social Security disability benefits by determining the source of the pain and effectively documenting a link between verifiable health conditions and chronic symptoms.
Getting to the Root Cause of Your Chronic Pain
Chronic pain can signal a severe illness, or it may emerge as a symptom of a range of injuries and illnesses. Seeking evaluation from medical professionals is typically the best way to find the source. Some common causes of chronic pain include:
- Certain diseases, such as arthritis, neuropathy from diabetes, and fibromyalgia
- Major surgical procedures
- Repetitive strains or other overuse injuries
- Multiple sclerosis
- Accidents resulting in neck and back trauma causing long-term or permanent damage
- Cancer, especially around the area of tumors
The Social Security Administration provides Disability Evaluation Under Social Security, more commonly called the Blue Book, listing physical disabilities and diagnoses or neurological disorders that commonly cause pain.
The Mental Effects of Chronic Pain
Ongoing chronic pain can not only cause substantial physical limitations, but in many cases may have significant implications for the patient’s mental health as well. According to the American Psychiatric Association, there is often a strong link between chronic pain and poor mental health. Sufferers are at elevated risk of mental health issues and illnesses. Examples include severe depression, substance abuse syndrome, and anxiety disorders. Sleep disturbances caused by chronic pain can also take a severe toll and play a significant role in the correlation between pain and psychological disorders.
Types of Social Security Disability for Chronic Pain Conditions
There are two forms of federal financial support distributed through the Social Security Administration. Supplemental Security Income (SSI) is a monthly payment for those with limited income and resources resulting from a disability or age. Social Security Disability Insurance (SSDI) covers temporary or ongoing payments to supplement income for those with long-term or permanent disabilities. People may apply and qualify for one or both federally funded programs.
How Social Security Evaluates Chronic Pain in Disability Claims
The rules and regulations for disability benefits require the Social Security Administration to conduct a careful evaluation of subjective ailments, like pain, to make the distinction between genuine symptoms and exaggeration or overstated symptoms. Per the guidance of The Code of Federal Regulations § 404.1529, the agency will consider medical records and evidence, consistency of the applicant’s statements and credibility, and how the symptoms affect their daily life and ability to carry out job duties to maintain employment. The SSA will likely issue a denial of benefits if the analysis fails to return a medically accepted diagnosis that supports the need for disability insurance. A lawyer with Bruce L. Weider, PC may be able to answer questions about the relevant statutes and help gather the medical records needed to document a Social Security disability for chronic pain application.
Collecting Disability Benefits for Chronic Pain
Many claimants applying for disability benefits because of chronic pain find it extremely challenging to prove the existence and intensity of the symptoms they suffer. The SSA will consider the extent of pain when there is solid evidence supporting that a medical condition or impairment is causing the debilitating symptoms. Some medical evaluations that could affirm the severity of subjective symptoms include:
- Functional capacity evaluations to measure the individual’s ability to carry out specific tasks
- Computed tomography (CT) scans, radiography scans (X-rays), or magnetic resonance imaging (MRI) scans to check for the presence of muscle or other tissue damage or deterioration
- Physical reports and certification to confirm the existence and effects of chronic pain
- Witness statements from close friends and family who have witnessed the ongoing symptoms and limitations the pain causes
Another crucial factor may be the applicant’s background and credibility. The SSA may assess the frequency of medical visits, how long ago the patient reported the problem, and the consistency with which they have sought medical care and treatments and adhered to physician-prescribed treatment regimens, such as medication and physical therapy.
Call an Experienced Social Security Disability Attorney in Michigan Today
The process to obtain approval for social security benefits is often less than straightforward. The system can be incredibly complex, leading chronic pain sufferers to feel immense frustration when their symptoms seem arbitrary, or it is difficult to establish the existence of the pain to the examiners’ satisfaction. Even so, it may be possible to navigate the application process and receive approval successfully. Those living with long-term or permanent chronic pain that affects their daily life and ability to work could qualify, lightening the load of ongoing stress and uncertainty on top of the painful symptoms. While denials after putting in the effort to complete and support an application can be frustrating, such denials are a common experience and they may not represent the end of the road. You have the right to appeal SSA decisions and continue the fight for the benefits you deserve. A seasoned Social Security benefits lawyer with Bruce L. Weider, PC at (734) 485-0535, may be able to review your case and discuss options for supporting your disability for chronic pain claim.
