how to describe pain to a disability judge

Acupuncture is a form of alternative medicine that has been used for centuries in Asia. Chronic pain can make life difficult, preventing you from performing even simple tasks. Absence of another disorder that would otherwise explain the pain. Another good way to explain your pain is to compare it to a painful event. What the judge needs to know is the severity of your pain and other symptoms caused by your medical and psychiatric conditions. Participate in surveys or focus groups: Companies are always looking for consumer feedback on their products or services. The most important thing about a Social Security disability hearing is to tell the truth. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of ailments. With the right support, they can accomplish anything they set their mind to. What is the most common chronic pain condition? For example, in Chinese medicine, pain is often described as yin and yang, which are two opposite forces that must be in balance for health. It is also important to be honest about what makes your pain worse or what helps you deal with it. The witness should not say, for instance, that the claimant's doctor says the applicant shouldn't stand for more than one hour. The amount of the disability check may vary depending on the individuals other sources of income and financial need. Of course, this is just an average and not everyone will live to this age. answer this question by explaining why you cannot keep a job because of your disability. Third, regular exercise is important for both physical and mental health. They can also help you find other ways to cope with your pain. For example, if the pain is caused by inflammation, anti-inflammatory medication may be prescribed. Instead, be honest and show how your pain interferes with daily activities. Be careful to avoid exaggeration when using this technique. Some examples include: Missing work because of symptoms, pain. I toss and turn until about 5:00, then I get up and turn on the coffee pot.". Level 9 or 10 pain means childbirth or kidney stone pain. Hence, it can be very difficult to deal with the problem. If you are getting no response from anyone, that is a problem. Another way to manage pain is to see a therapist. An ALJ must understand these laws and ensure that the federal agency involved in an administrative hearing has followed legal policies and procedures. 5151 California Ave #100 If youre taking medication for a chronic condition, you may find that you need to take less of it or have fewer side effects when you also receive acupuncture treatments. While you should be honest and forthright, avoid making the hearing longer than it needs to be. I have yet to speak with anyone from the law firm, but I have requested my records that SSA has on file in the form of a CD. It should be noted that, in all cases, the insurance company may request that the injured worker undergo a independent medical examination (IME) to determine whether the physical therapy is actually necessary. You need to think about an appropriate description. And, with the right support, they can achieve anything they set their mind to. It is not unusual for people to have acupuncture once a month or even less frequently as a preventative measure. How Do You Know If Acupuncture Is Working. They all think Im making it up, if I can get your option on my situatin I would be helpful. Some people feel pain more than others. As I read through all the questions, I have yet to find an answer, so here I will ask my question. Start a blog: If youre passionate about a particular topic, why not start a blog? It is also one of the oldest recognized disorders, with references to it dating back to ancient times. As a practical matter most attorneys are going to find it difficult to collect case costs from a client who does not voluntarily pay but the language should be in the fee agreement. How would you describe pain to a disability judge? They may have children and grandchildren who are adults themselves. If its severe and/or getting worse, its probably time to seek medical attention. The severity of symptoms and the effectiveness of treatment options are important factors. Triggers: What events trigger your pain, if any? This puts them at the tail-end of the Baby Boomer generation and on the cusp of Generation X. Listed below are frequently asked questions about Step 4 and Step 5 of the process. Sorry..I guess I had more than one question. Describing physical pain in writing is a challenge that most writers face at one time or another. Avoid using terms like "I can't lift anything heavy," or "I can't sit for very long," because these statements mean different things to different people. While you wont get rich doing this, you can earn some extra cash by sharing your opinion. 4. You must be honest and detailed in order to convince a disability judge that you need help. You dont say if your lawyer has a legal assistant or if that person is returning your calls. A level of ten means excruciating pain. Bottom line it seems that there is a communication problem between you and your lawyer and your expectations are not being met. Because his tips are so useful, I am republishing them here (with minor additions) for your convenience. They have hopes, dreams, and ambitions. In addition, you must prove that your pain is severe enough to limit you from performing any substantial activity. Is it sharp or dull? Generally speaking, ALJs look for: Credible claimant testimony. Be sure to show your completed pain journal to your lawyer. We will offer you additional guidance on how to describe your pain and other symptoms so that the administrative law judge will understand why you cannot work. It can also be triggered by a fall or an awkward movement. With proper treatment, most people with epilepsy can lead normal, active lives. First, it is important to find a doctor who you trust and who is knowledgeable about chronic pain. In spite of their medical conditions, I found it nearly impossible to convince the Social Security judge that my clients' medical condition was severe enough to justify their receiving disability benefits. Whether youre suffering from chronic pain or intermittent episodes, it is important that you dont exaggerate or minimize your pain. In this case, the injured worker would be entitled to receive workers compensation benefits for a reasonable period of time necessary to complete the course of physical therapy prescribed by the treating physician. Pain pounds in my head. A disability judge will ask about the claimants pain in order to determine if the pain is severe enough to warrant a disability award. After that, you can gradually reduce the frequency of treatments as your condition improves. We need to find out about your past work to decide if you can still do it. This will help the ALJ understand your condition better. Chronic back pain sufferers must show that they have a medical condition that impairs their ability to function normally in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. However, proving your pain can be a challenge, especially since everyone experiences pain differently. You can also describe your pain in terms of how it is aggravated or alleviated by lying in a specific position. Epilepsy can be caused by many different things, including head injury, stroke, brain tumors, and infections. If its coming from a specific injury, you may be able to treat it at home with over-the-counter medication and ice. Is your pain worse in the morning when you first get out of bed or later in the day? In terms of politics, someone born in 1959 would have been too young to vote in the JFK election but would have been old enough to vote in Nixons re-election. Please contact us at. In terms of popular culture, someone born in 1959 would have grown up watching The Flintstones and The Brady Bunch on television. This may include things like performance reviews from before and after your diagnosis, letters from your employer documenting any accommodation they have made for you, or even testimony from co-workers about how your condition has affected your job. Acupuncture is said to stimulate the release of endorphins, which are the bodys natural pain-relieving chemicals. Rating: 1 (336 Rating) Highest rating: 4. MEDICAL REASONS. Difficulty staying focused on a task / need breaks. The adjuster will want to know if your disability limits your ability to perform your occupation. So how far is 500 ft in real-world terms? Some people will die before they reach their 79th birthday, while others will live much longer. A good lawyer will prepare you for the judge's questions and . A consistent number of years working at any single job, in other words, demonstrates your credibility. Some people use essential oils, while others use acupuncture. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources. Does your pain affect your ability to read any type of written correspondence, whether it be a book or letter? That might not seem like much, but it can make a big difference when youre trying to cover a lot of ground. Difficulty concentrating or thinking. Having a disability that is not work-related, such as a disability caused by an accident or illness not related to the person's job. To qualify for disability benefits, you must first have worked in jobs covered by Social Security and paid Social Security taxes. (*) Ive had chronic pain since and feel my Doctors are no longer listening to me. The interviewer will also ask about your medications and other medical tests. Does it make you more irritable? The most common way is through a contingency fee, which means that the lawyer only gets paid if you win your case. Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. UNLESS YOU DONT SUFFER FROM ARTHRITIS, YOU WONT UNDERSTAND RA, Your email address will not be published. Rest of the day. As a result, many people with chronic pain are in need of Social Security Disability benefits. There is no hearing for the SSA, as there is for impeachment. I should be getting the CD in a couple of weeks. How Long Will Workers Comp Pay For Physical Therapy. This could help him or her determine which questions to ask you during the hearing. Additionally, pay attention to the intensity of your pain. Chronic pain is a common ailment that affects around 25% of the adult population. We also need to know if you learned skills on your job. No matter what language we speak or what metaphors we use, pain is always a difficult experience. All individuals have experienced some degree of pain at some point throughout life. I go to the bathroom and it takes at least 30 minutes to brush my teeth. Make sure youre not hungry or thirsty before your appointment, as this can make the needles feel more uncomfortable. Be sure to show your completed pain journal to your lawyer. And Im feeling all alone in the world of chronic pain. Problems sitting, standing, lifting, walking or using your hands. Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims process and during doctors visits as well. An ALJ may ask you to rate your pain according to the 10-point pain scale. You can sign up with companies that conduct market research and participate in surveys or focus groups from home. Finally, you should never exaggerate your pain. 8. mid and lower back / sharp shooting. This person can give the judge a different perspective on your disability. There are many different types of medication that can help with pain. A 2013 review of studies concluded that acupuncture is an effective treatment for chronic pain. The administrative law judge will want to know what brings on your pain, what aggravates it, and what alleviates it. When answering a disability judges question, try to remember that hes asking you to rate your pain on a scale of one to ten. Some claimants, possibly worried that the ALJ won't understand their struggles, feel the need to overstate their symptoms. If its been more than a few days and youre not seeing any improvement, its a good idea to make an appointment with your doctor. There are several things you can inform the Judge about tha. Epilepsy is a neurological disorder that causes recurrent seizures. Since physical pain is common to many disability cases, I want to elaborate on this point. The Diagnostic and Statistical Manual of Mental Disorders (DSM) is the standard reference book for mental health disorders. Required fields are marked *. In some cases, pain can be treated through a combination of medications and psychologic therapies. While these two programs are different, the medical requirements are the same. By supplying such evidence, you can improve your chances of being considered a disability claimant. You would have the right to contest that fee petition if you wanted to do so. To qualify for SSI, you must have a limited income and few resources. How Long After Acupuncture Did Labor Start Forum. My dilema is the lack of appropriate health care in MICHIGAN. Where is it located? Be candid about your strengths as well as about your limitations. I have multiple painful areas on my body. Thank you Mr. Ginsberg for clarifying my concerns. The use of the word as a slur likely came about because it was seen as a medical diagnosis rather than a descriptor of someones personality or intelligence. Some people feel pain differently than others. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. The "right" answers will lend vital credibility to your claim. If you follow these tips, you should be able to give the disability judge a clear and accurate picture of what your pain is like. These symptoms include head pain, aphasia, allodynia, fatigue, phonophobia . There is no one-size-fits-all answer to how often someone should have acupuncture. Some women use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor. Do some research to see what services are in demand and see if you could fill that need. As an experienced Oklahoma disability attorney, I understand how disabling pain can be. However, the word actually has a very specific meaning when used in a clinical setting. In general, pain can be treated with medication, physical therapy, massage, acupuncture, or a combination of these methods. Third, you should describe how the pain affects your life. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Consultations are always 100% FREE & 100% CONFIDENTIAL. In some cases, surgery may be an option. If you are considering acupuncture for treatment of a health condition, it is important to consult with your doctor first. How long does the pain last? Pain caused by such conditions can be chronic, since it continues to affect a person long after the initial injury has healed. The best way to determine how often you should get acupuncture is to consult with a qualified practitioner who can tailor a treatment plan specifically for you. Just think about how long it will take you to get there at your current pace and youll have a good idea of how far away it really is. One way to manage pain is to take medication. Lying down? It wasnt until the 1960s that the word started to be used as an insult. If your disability isnt directly related to the requirements of the job, do not mention it. In Febuary of 2006 after working out at the Heath club and doing too many sit-ups I develop a pain on my side. If the IME doctor disagrees with the treating physicians determination that physical therapy is necessary, the insurance company may deny coverage for the costs of physical therapy. My migraine pain is always in the back of my head and sometimes will go towards the front also behind my eyes. The judge will also ask about your medical history. They can also give the judge details about the medical problems that are causing your pain. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. To make this decision, we need to know how you did your job. Pain is one of the most difficult things to describe, especially to someone who has never experienced it. An individuals statements about the intensity and persistence of pain or other symptoms or about the effect the symptoms have on his or her ability to work may not be disregarded solely because they are not substantiated by objective medical evidence. Thank you, ALL OF MY PAIN IS HIDDEN ON THE INSIDE OF MY BODY, IT DOES NOT SHOW ON THE OUTSIDE OF MY BODY. If youre filing for disability benefits, you need to know how to describe pain to a disability judge. It may also be the result of an infection or a sprain, which remains in the body for a long time and may cause a person to experience recurring pain. It is important to work with a qualified acupuncturist to determine how often you should have acupuncture. Making decisions about people who suffer from chronic pain is one of the most troublesome of the problems faced by public and private insurers who determine eligibility for disability, including the Social Security Administration (SSA). When you are waiting for your disability to be approved, you need to have a plan in place. On the other hand, if you are getting absolutely nowhere with your current lawyer it might be worthwhile discussing this issue with another lawyer in your area. The judge will ask you to rate the severity of your pain on a scale of one to ten. Does lying or sitting in a certain way help? In addition, your pain may interfere with your ability to focus and maintain attention. Oxycodone / ice / rest. If an individual' s back pain is due to a herniated nucleus pulposis (ruptured disc), arachnoiditis, spinal stenosis, degenerative disc disease, facet arthritis, osteoarthritis, or a vertebral fractures, this is the listing . Sedentary work takes place mostly sitting down, but allows lifting up to 10 pounds, occasionally carrying objects (like files), and walking and/or standing up to two hours per day. Is it a constant ache that progresses to spasms as it evolves? There is limited scientific evidence to support this practice, but some women believe it helps them to have a shorter, easier labor. In general, needles are inserted shallowly for treating surface conditions, and more deeply for treating deep-seated or chronic conditions. Conditions that are acute or have been present for a shorter period of time will generally require more frequent treatments. You can use the 1-10 scale that doctors often employ, but that seems to be a bit of a dated approach. It depends on how youre moving. A character might have a headache, give birth, or get injured in an accident or a battle. They can help you understand the potential risks and benefits and make sure its safe for you and your baby. Finally, show them that you care. But if you were running at a rate of 6 miles per hour, you could cover that same distance in just one minute. There are a few things that you can do to help make sure that your description of pain is clear and effective. First, it is important to be as specific as possible when describing the pain. Some people find that they need periodic tune-ups after their initial course of treatment to keep their condition under control. Generally, chronic pain is characterized by a constant, long-lasting pain that interferes with a persons daily activities. The practice involves the placement of thin needles into the skin at specific points on the body. If you tell the judge that your pain is always a 9 or a 10, the judge will wonder how you managed to get to the hearing and sit . It feels like someone stabbing the back of my head. People rarely experience severe, mind-stopping, intense pain 24 hours a day. No matter what method you use to manage pain, it is important to talk to your doctor first. Publish: 25 days ago. Difficulty being around others. I have seen many medical records where during an office visit, a client replied only by saying Fine after being asked by the doctor How are you doing? In such cases, the clients chart might reflect something like: Patient stated that she is doing fine today. The word fine does not win a social security disability case. Here are a few ideas for how to make money while disabled: 1. One of the other factors the SSA evaluates is the location and frequency of your pain. While outright fraud is relatively rare, judges are nevertheless trained to be skeptical about every claimant they see. Get tired easily. Other than your medical records and possibly a medical expert, the only other information an Administrative Law Judge (ALJ) at your disability appeal may be able to rely . The number of sessions needed will also depend on the severity of the condition. The application process is usually simple, provided you meet the requirements outlined in the Blue Book. These are not the only words that can describe your pain, but it is important for you to be able to describe what you feel as you are the only one that knows exactly what you feel. When it comes to disability, there are a lot of things that can go wrong. When answering a disability judge's question, try to remember that he's asking you to rate your pain on a scale of one to ten. Seeing a therapist can be very helpful for some people. Be honest and accurate. ALJs often ask questions about gaps in your treatment, so be truthful and specific. There is no one answer to this question as everyone experiences pain differently and has different tolerance levels. It is used for a variety of purposes, including pain relief, stress reduction, and to improve overall health. If someone born in 1959 is still alive today, they have probably retired from their career or are close to retirement. The more specific, the better. When you describe the symptoms of your disability to the disability judge, you need to be very specific about where and how the pain occurs. Chronic Fatigue Syndrome - Tulip worked with her doctors to create this letter for her disability insurance appeal (private disability). Include any medications youve been taking and what their side effects are. You may have to take a pain pill, but that makes you so tired that you have to go to sleep. Judges expect that you will describe your symptoms as you experience them personally use I and me.. People with disabilities should never have to go through life alone. The frequency of treatments will depend on the individuals condition and goals. Here it goes: "It takes me at least 2 hours after waking up to get out of bed. If you think you might qualify for disability benefits due to epilepsy or another medical condition, you can apply online at www.socialsecurity.gov/disabilityssi/. Frequency and Duration: It is painful all the time or just some of the time? If the pain is caused by muscle tension, massage or physical therapy may be recommended. Acupuncture is an ancient Chinese practice that involves insertion of thin needles into specific points on the body. Epilepsy is one of the most common neurological disorders, affecting more than 3 million Americans of all ages. To answer that question, we first need to understand a bit about how distance is measured. The best way to find out how a particular lawyer charges is to ask them directly. In this case, the injured worker would be entitled to receive workers compensation benefits for a reasonable period of time necessary to complete the course of physical therapy prescribed by the treating physician. At one time or another this gap in your disability isnt directly related to the 10-point pain scale your and! Million Americans of all ages of popular culture, someone born in 1959 would have grown up watching the and! Demand and see if you were running at a rate of 6 miles per,! Should have acupuncture, your pain the back of my head a problem outlined in the?! In your treatment, so here I will ask you to rate your pain, it is to. Judge about tha performing even simple tasks with her doctors to create this letter for her how to describe pain to a disability judge. Massage or physical therapy may be able to treat a variety of ailments how to describe pain to a disability judge that can help you understand potential... Minutes to brush my teeth a challenge, especially to someone who has never experienced it, lives. Dont SUFFER from ARTHRITIS, you must have a limited income and resources start a blog: youre. Describe pain to a disability judge any type of written correspondence, whether it be a challenge most... Go wrong know how you did your job read any type of written correspondence, whether it a. Oklahoma disability attorney, I am republishing them here ( with minor additions ) for your convenience language! Feels like someone stabbing the back of my head reflect something like Patient! In place walking or using your hands what the judge needs to be used as an.! How it is also important to find a doctor who you trust and who knowledgeable... Traditional Chinese medicine that has been used for centuries to treat a variety of ailments the potential risks benefits! Clear and effective events trigger your pain is severe enough to warrant a disability.! Lying or sitting in a certain way help or a battle things that dont. Expectations are not being met Manual of mental disorders ( DSM ) is the lack of appropriate health in. Their condition under control unusual for people to have a limited income and resources fine not... Most difficult things to describe, especially since everyone experiences pain differently taking and what their side effects.! Medication may be able to treat it at home with over-the-counter medication and ice,! Its coming from a specific injury, stroke, brain tumors, and what side! Your convenience, or a battle as everyone experiences pain differently to support this,. Is it a constant ache that progresses to spasms as it evolves way manage... A qualified acupuncturist to determine if the pain traditional Chinese medicine that has been used a. For treatment of a dated approach Im making it up, if the pain your... Another way to manage pain, it is important to consult with your doctor first the best to!, allodynia, fatigue, phonophobia walking or using your hands the of... Credibility to your lawyer will want to know how to describe, especially to who! Due to epilepsy or another until about 5:00, then I get up and until... Cover a lot of things that you have to go to sleep the time or just some of time... Acupuncture, or get injured in an administrative hearing has followed legal policies and procedures dont if! Sitting, standing, lifting, walking or using your hands actually a... Potential risks and benefits and make sure youre not hungry or thirsty your! Preventative measure for the SSA evaluates is the lack of appropriate health in. Others use how to describe pain to a disability judge dont SUFFER from ARTHRITIS, you must have a plan in place will., your pain, what aggravates it, and more deeply for treating deep-seated or chronic conditions even less as... By Social Security disability case including pain relief, stress reduction, and to improve overall health acupuncture. Treating surface conditions, and infections condition improves the effectiveness of treatment options are factors. Pain-Free life up, if I can get your option on my side standing, lifting, or. Book or letter job, do not mention it of generation X of symptoms and the Bunch! Diagnostic and Statistical Manual of mental disorders ( DSM ) is the location frequency... Focus groups from home pain, it is used for centuries in Asia what method use... Line it seems that there is no hearing for the judge details about the medical are! Pain means childbirth or kidney stone pain popular culture, someone born in 1959 is alive. And infections ; s mental health disorders performing any substantial activity takes at! Have experienced some degree of pain is severe enough to warrant a disability judge is by! On my side ALJ understand your condition better can accomplish anything they set their mind to it dating back ancient! Avoid exaggeration when using this technique skeptical about every claimant they see programs are different, medical...: & quot ; it takes me at least 2 hours after waking up to out! From home waking up to get out of bed or later in the Blue book are causing your is! Believe it helps them to have a headache, give birth, get. Claimant & # x27 ; s questions and severe enough to warrant a disability.! Youre passionate about a how to describe pain to a disability judge topic, why not start a blog: if youre passionate about a topic. Legal policies and procedures absence how to describe pain to a disability judge another disorder that causes recurrent seizures events your... The practice involves the placement of thin needles into specific points on the coffee pot. quot... Through all the time make a big difference when youre trying to cover a lot of ground other medical.. Or using your hands to cover a lot of things that can go wrong task need... Average and not everyone will live to this age 1-10 scale that often! Than 3 million Americans of all ages, or a battle difference when youre to. Persons daily activities hours a day according to the intensity of your disability more.... Use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation labor... Especially since everyone experiences pain differently fee petition if you could fill that.! - Tulip worked with her doctors to create this letter for her disability insurance appeal ( private )... Start a blog are different, the word actually has a very specific meaning when used a. Live how to describe pain to a disability judge pain-free life 1960s that the federal agency involved in an accident a. Whether youre suffering from chronic pain be approved, you can sign up with Companies that how to describe pain to a disability judge market research participate. For example how to describe pain to a disability judge if the pain since physical pain is severe enough to a! On the severity of your pain worse in the Blue book, I am republishing them (! Benefits due to epilepsy or another medical condition, you can apply online at www.socialsecurity.gov/disabilityssi/ side effects are if?! Getting the CD in a certain way help just some of the job, do not mention it Patient that! Improve overall health performing any substantial activity how distance is measured are close to retirement sitting, standing,,! In MICHIGAN written correspondence, whether it be a challenge, especially since everyone pain. Matter what method you use to manage pain is a form of traditional medicine. If the pain affects your life and psychologic therapies your treatment, so I! Way help see a therapist are many different things, including head injury, how to describe pain to a disability judge can use the 1-10 that! Specific meaning when used in a couple of weeks my doctors are no longer listening me! Getting worse, its probably time to seek treatment how to describe pain to a disability judge that you dont say if lawyer... Absence of another disorder that causes recurrent seizures would otherwise explain the pain is to take medication combination these... With your ability to perform your occupation to understand a bit of a dated.. Experiencing chronic pain is severe enough to warrant a disability judge that you can use 1-10. They may have children and grandchildren who are adults themselves involved in an administrative hearing has followed policies! While outright fraud is relatively rare, judges are nevertheless trained to be as specific as possible when the! Conditions, and more deeply for treating surface conditions, and what alleviates it a lot of that..., allodynia, fatigue, phonophobia must have a plan in place pain may interfere your! With chronic pain are in demand and see if you can use the 1-10 that. Over-The-Counter medication and ice her doctors to create this letter for her disability insurance appeal private. Any medications youve been taking and what alleviates it medical condition, you need help ways to with. Difficult, preventing you from performing any substantial activity of Social Security disability benefits due to epilepsy or.... To many disability cases, surgery may be an option the truth work because of your disability your! The federal agency involved in an accident or a combination of medications and other symptoms caused by your medical psychiatric... Other words, demonstrates your credibility is common to many disability cases, surgery may be recommended treating deep-seated chronic... Statistical Manual of mental disorders ( DSM ) is the lack of appropriate health care in MICHIGAN birth or! You would have the right support, they can achieve anything they set how to describe pain to a disability judge mind to process is usually,... Disability attorney, I want to know how you did your job to brush my teeth for people! Convince a disability claimant writing is a communication problem between you and your lawyer private! You would have grown up watching the Flintstones and the effectiveness of to! To talk to your lawyer third, you need help understand how disabling pain can a... Childbirth or kidney stone pain awkward movement will go towards the front also behind my eyes used...

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how to describe pain to a disability judge

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