Chronic pain is defined as “pain that persists or progresses over a long period”. Often the pain does not respond to medical treatment. Chronic pain is not in itself a disability. It is caused by an illness or an injury. It may be difficult even for doctors to determine what is causing the pain. Sometimes the pain can be due to a psychological cause. Social Security has certain steps that must be followed when someone applies for benefits. This is a complicated process and many individuals hire a Social Security disability lawyer to help obtain the benefits they deserve.
Getting Properly Diagnosed is the First Step
A reason must be established for the chronic pain in order to qualify for disability or other social security benefits. Experiencing chronic pain that prevents you from working will not automatically qualify you for Social Security benefits. A diagnosis of your condition from a doctor is needed. In addition, the diagnosis must show that your illness is responsible for the chronic pain.
There are several conditions that can cause chronic pain from inflammatory arthritis to back injury, neurological problems, and more. Medical tests must show that you are suffering from a condition or an injury that causes chronic pain. In addition, proof is required that the condition is expected to last for a period of at least a year.
The Application Process
When you apply for benefits from Social Security, evidence of your disability will be required. Social Security will look at this evidence as well as a few other things to decide if you are disabled. They will ask if you are working and if so, how much you are earning. If it is over a certain amount, you will not be considered disabled.
Another thing they look at is the condition that is causing your chronic pain. They will want to know how severe the condition is and if it interferes with your job. Social Security has a Blue Book that contains impairments that are considered disabling by their agency.
If your particular condition is not in the Blue Book, Social Security will decide if your condition is as severe as another condition that is listed. They will also determine if you are able to do work that you did before or if not, can you do another type of work.
After Filing the Application
There are several steps to determining if your chronic pain qualifies you to receive Social Security benefits. Two things must be proven to qualify for benefits. You must not be able to do any kind of significant work because of your disability. It is expected that your disability will last for a period of at least a year or that it is terminal.
Often the initial application is denied, requiring people to file an appeal. According to statistics over a 10-year period, it is estimated that only 28% of claims were approved at the initial stage. Most people must file an appeal for reconsideration. Only 3% of those filing appeals over the same 10-year period were awarded benefits.
As you can see, applying for Social Security benefits is not simple or quick. Often people must hire a Social Security disability attorney to get benefits they are entitled to because they cannot work. The entire process can take two years or even more depending on the need to appeal a decision made by Social Security.
However, this should not stop anyone who is unable to work from filing for benefits. Social Security disability is insurance that was paid by you when you were working. When you are unable to work due to chronic pain, you are entitled to receive benefits even if you must fight for them.
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