While not a medical disorder in and of itself, pain is a common feature of many disability claims.
In evaluating claims for disability benefits, Social Security is required to carefully evaluate a claimant's complaints of disabling pain. It's own regulations provide that pain can provide the primary basis upon which benefits are awarded. However, complaints of pain alone rarely warrant an award of disability benefits. There must be objective medical signs and laboratory findings showing that an individual has a medical disorder capable of producing pain before such complaints will be taken seriously.
The same is true of other symptoms, such as fatigue, shortness of breath, weakness, or nervousness. Without a proper medical basis, such complaints generally receive short shrift in disability cases. However, where the medical basis has been established, these complaints often make the difference between winning and losing.
Experienced lawyers understand the significance
of pain and other symptoms in disability cases. They carefully
document their clients' medical disorders and determine whether
any of them are known to be capable of producing the symptoms
described. They
then gather and present evidence showing what kinds of activities
aggravate their clients symptoms and what specific functional
limitations their clients' have as a result. Such evidence
can provide the foundation for favorable adjudication. |