Recent Decision Impacts Disability Benefits for Chronic Pain

In a recent federal court decision concerning social security disability benefits based on chronic severe pain, the court found that the judge is required to consider the claimant’s subjective pain testimony so long as it is supported by an underlying medical condition. The medical records must confirm the severity of the alleged pain or show that the medical condition is of such severity that it can reasonably be expected to give rise to the alleged pain.

If a claimant testifies to disabling pain and there is medical evidence of the underlying medical condition, the judge must state in detail his reasons for refusing to give credibility to the claimant's testimony as to the severity of chronic pain. If his reasons are not supported by substantial evidence, the claimant must be found disabled.

The ability to watch TV, do occasional shopping or perform other sporadic activities and chores does not rule out the presence of disabling pain or mean that the claimant is not disabled. The ability to perform minor household chores or drive short distances is not the key in determining if a claimant is disabled. 

We can also glean from this decision that medical records are very important for approval of social security disability benefits.  Anyone who is applying or considering applying for social security disability benefits should make sure that they continue to see a doctor on a regular basis as well as adequately inform the doctor at each visit of all of their conditions, symptoms and pain. If you have any questions or know of anyone that does, please feel free to contact our office.