Pain as a Basis for Disability

Obviously, no one but you can know the extent of your pain, how it feels or how long it lasts. There is no definitive medical test which can conclusively measure pain.

SSA allows pain to serve as a basis for disability. According to 20 CFR § 404.1529(b)(c) and SSR 96-7P, the ALJ must first evaluate whether a medically determinable both impairment exists which could reasonably be expected to produce pain, and then assess the credibility of the claimant’s allegations about the intensity and persistence of her pain. Aidinovski v. Apfel¸27 F.Supp2d 1097, 1103 (N.D. Ill. 1998). The factors which the ALJ must consider include: (1) objective medical evidence; (2) prior work record; (3) daily activities; (4) location, duration, frequency and intensity of pain; (5) precipitating and aggravating factors; (6) use of medication; (7) other treatments and measures used to relieve pain; (8) observation of testimonial evidence by the claimant; and (9) the consistency of the claimant’s statements.

So even if the medical record does not substantiate your complaints of pain the factors set out above will be considered to determine whether you are disabled because of pain.

Indiana Trial Lawyers Association