Can You Qualify for SSD with Chronic Pain?

SSD and chronic pain

When you experience severe pain on a chronic basis, whether due to an underlying medical condition or an unidentified or undiagnosed cause, you may be able to apply for Social Security disability benefits when your pain prevents you from working. However, qualifying for SSD with chronic pain can prove more challenging than qualifying with other, more traditional medical conditions or illnesses. Contact Disability Law Group for a free consultation to learn more about the process.

How Chronic Pain Impacts Your Ability to Work

The Social Security Administration does not consider chronic pain by itself to constitute a disability that entitles a person to Social Security disability benefits. For this reason, an applicant must present medical evidence showing that their chronic pain prevents them from performing daily life activities or work duties. This evidence should address how the pain adversely affects the applicant’s ability to work in their current job, past jobs they’ve held, or other jobs they could perform, given their education and training. Chronic pain can impose functional limitations that restrict a person’s ability to perform job-related tasks, such as:

  • Sitting
  • Standing
  • Walking
  • Lifting
  • Carrying
  • Pulling
  • Pushing
  • Handling
  • Reaching
  • Climbing inclines or stairs
  • Seeing
  • Speaking
  • Hearing
  • Remembering and following simple instructions
  • Coping with usual changes in working conditions
  • Responding appropriately to work situations with supervisors, co-workers, or customers

Chronic pain conditions can limit the time a person can perform work tasks before needing a break or changing body positions, such as moving from sitting to standing or vice versa. Pain may also restrict the number of hours a person can work per day or week. It can also limit the force a person may use to complete job tasks, such as restricting how much weight they can carry or pull. Finally, pain may restrict a person’s range of motion, precluding them from performing specific motions or maneuvers.

Impairment Listings Related to Chronic Pain

The Social Security Administration maintains a listing of medical conditions that may automatically qualify an applicant for disability benefits, known as the Blue Book. A person may experience debilitating chronic pain that prevents them from working due to listed impairments that may have severe chronic pain as a symptom, such as:

  • Inflammatory arthritis
  • Somatoform disorders (psychiatric or cognitive disorders that cause chronic physical symptoms)
  • Neurological disorders (including neurodegenerative diseases like Parkinson’s disease or Huntington’s disease, spinal injuries or disorders, or disorders of the central nervous system like multiple sclerosis)
  • Inflammatory bowel disease (such as IBS or Crohn’s disease)
  • Chronic renal (kidney) disease
  • Cancers
  • Systemic lupus
  • Back injuries

An applicant may still qualify for benefits even if they do not have a medically determinable condition listed in the Blue Book. This requires proving that their condition equals the severity of a listed impairment or restricts them from significant life activities or performing current or past work.

The Effect of Chronic Pain on Substantial Gainful Activity

Even when chronic pain occurs due to a medical condition not traditionally recognized as a “disability” by the Social Security Administration, a person can still qualify for benefits by undergoing a determination of their residual functional capacity (RFC). In an RFC assessment, an examiner at a state Disability Determination Services center evaluates an applicant’s physical, mental, and cognitive limitations to determine their ability to perform ordinary tasks like sitting, standing, walking, lifting, or carrying. The examiner determines whether the applicant has the residual functional capacity to perform their current, past, or other jobs consistent with their work history, education, and training.

Unfortunately, few objective medical tests exist to precisely determine the nature or severity of a person’s chronic pain. Instead, evaluating chronic pain usually relies on the person’s subjective complaints and descriptions. However, a claim examiner evaluating an SSD applicant’s chronic pain must consider the nature and limiting effect on their ability to perform basic work activities by evaluating factors such as:

  • The location, duration, frequency, and intensity of pain
  • How pain limits a person from performing daily activities
  • Factors that trigger or aggravate pain
  • The types and dosages of pain medication the applicant uses, including their effectiveness and side effects
  • Any other treatments used by the applicant for pain relief, such as chiropractic, physical therapy, or acupuncture
  • Other remedies used to manage pain, such as resting or lying down, heat or cold packs, compression sleeves, etc.

An experienced disability attorney understands that only you know the limitations pain has on you. We can work with our network of experts to support your disability claim for a chronic pain condition and make the most compelling arguments before an administrative law judge if your initial application is denied.

How to Improve Your Chances for a Successful Application for Disability Related to Chronic Pain

Qualifying for Social Security disability benefits for chronic pain can prove challenging due to the subjective nature of pain and the debilitating effects it can have on a person’s ability to perform basic tasks. However, chronic pain sufferers can take steps to improve their chances of having their SSD benefits application approved, including:

  • Gathering Medical Records – Applicants seeking disability benefits for chronic pain will need substantial medical evidence detailing the nature and extent of their chronic pain, including identifying underlying medical conditions causing that pain. Applicants should gather doctors’ notes, lab results, physical exam reports, and treatment plans describing their chronic pain. Applicants may also consider seeing a pain management specialist, orthopedist, or neurologist who can treat the specific causes of their pain.
  • Defining Functional Limitations – Applicants should develop a comprehensive explanation of how their chronic pain limits their ability to perform daily tasks or work duties, including whether pain affects their cognitive or mental capabilities. Detailed information and doctor’s opinions regarding the limiting effects of their condition may assist with establishing the link between pain and functional limitations.
  • Meeting Durational Requirements – For an applicant to qualify for SSD benefits, disabilities must last for at least 12 months, or medical providers must expect the disability to last for at least 12 months. During this period, you should be receiving continuous medical treatment to try to improve your condition.
  • Cooperating with Claims Examiners – Applicants can increase their chances of success by promptly responding to requests for additional information or documentation, including submitting to independent medical exams or RFC assessments.

Contact an Experienced Disability Benefits Lawyer for a Free Consultation

If you suffer from chronic pain caused by an underlying medical condition, you may have the right to seek disability benefits when your pain prevents you from working. An experienced disability law firm can advocate for your rights and interests as you seek the financial benefits you need to cover your living expenses when you can’t work due to chronic pain.

At the Disability Law Group, we specialize solely in disability benefits cases. Our laser focus has garnered significant praise within the legal community, including being named as Super Lawyers Rising Stars for consecutive years and as some of Crain’s Detroit Notable Women in the Law. More importantly, we have been able to secure the benefits injured individuals and veterans need and deserve.

Contact Disability Law Group today for a free consultation with a disability benefits attorney to learn how we can guide you through the SSD application process and prove your entitlement to disability benefits. Our experienced legal team has the skills, knowledge, and determination to fight for your rights and interests.