I can't sit without pain. Walking causes me pain. Using my arms causes me pain. I can't work because of pain.
Numerous people come to me with social security disability cases, having been denied their initial request. They are confused and in many cases upset--they have real disabling pain, but are not granted benefits.
In 1984 the Social Security Act was amended to require SSA to consider symptoms of pain in the evaluation of a claimed disability. The Act provides at 43 USC section 423(d)(5)(A):
"An individual's statement as to pain. . . shall not alone be conclusive evidence of disability. . .there
must be medical signs and findings, establishing by medically acceptable clinical or laboratory
diagnostic techniques, which show the existence of a medical impairment that results from anatomical,
physiological or psychological abnormalities which could reasonably be expected to produce the pain
....which when considered with all the evidence. . ."
Based on the foregoing - before pain can be considered as disabling, there was be a underlying medical or psychological condition, which is of type that could produce the type of pain complained about. The medical or psychological condition must be shown through the use of acceptable diagnostic procedures/techniques. The objective medical evidence does not have to establish a direct cause and effect relationship between the impairment and the intensity, persistence or functional effects of the pain.
There is a recognition that the same impairment may cause a different level of pain in different individuals. So if a objective basis for the pain is found, statements as to the level of pain and its limitations would be considered.
Unfortunately there are impairments for which there are no medical tests -- somataform disorder, fibromyositis, however people suffering these have been granted benefits.
If you believe you are disabled because of pain, you are in a very complicated area of the law. It is to your benefit to get assistance from an attorney who practices in this area of the law.
