Get your pain symptoms on record so that Social Security can take this into consideration
Tip 3:
If you have pain, absolutely mention it when you apply and get it included as part of your disability application. Social Security is required to not ignore this.
That said, if you have severe pain and it affects your ability to work, it must be supported by substantial evidence.
What is substantial? Not as much as you might think. Substantial evidence is defined as "that amount of evidence which, while it may be less than a preponderance, nevertheless is sufficient to convince a reasonable mind of the validity of a position taken on an issue".
That, of course, is legalese. But the point remains: if you have pain and it limits you in your functional capacity--physical, mental, or both--it can be taken into consideration. And it can certainly affect the outcome of your claim.
The most important thing to remember, of course, is that your pain should be recorded in your medical record documentation so that it may be taken into consideration when a disability examiner or administrative law judge assesses your residual functional capacity (what you can still do despite your medical condition).
Terms discussed:
How does a Medical Source Statement (RFC Form) help win a Social Security Disability or SSI Claim?
Social Security Disability, SSI, and Residual Functional Capacity, RFC
How many Social Security Disability cases are approved for back pain?
Medical Evidence Used on a Social Security Disability or SSI Claim
How does Social Security use Evidence to Decide an SSDI or SSI Disability Claim and Make a Decision?
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability
Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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