When Social Security receives your initial disability claim, it sends the claim to Disability Determination Services (DDS) for review. DDS examines your medical records and the other evidence in your claim file, and establishes your residual functional capacity (RFC).

The problem with this approach is that DDS does not obtain your doctor’s opinion about your functional limitations. Rather, DDS reviews your medical records and makes its own determination.

Unfortunately, a doctor’s treatment notes are created to manage a patient’s medical care, and are not intended to establish the functional limitations that Social Security uses to evaluate that patient’s ability to work. It is often difficult to discern a claimant’s limitations from the medical records alone. Therefore, the method used by DDS to evaluate disability frequently results in a denial of the initial claim.

Your ability to effectively describe your physical pain at the hearing may play a role in helping you win your case. Since physical pain is common to many disability cases, I want to elaborate on this point. Not only should you be able to effectively describe your pain at the hearing, but also throughout the claims process and during doctors visits as well.

All individuals have experienced some degree of pain at some point throughout life. The intensity of pain can range from a dull headache, to an agonizing toothache, to the more severe type of pain commonly associated with chronic conditions such as migraine headaches, Fibromyalgia, and Reflex Sympathetic Dystrophy (RSD). Although pain is a symptom and we easily recognize it when we experience it, pain is nevertheless hard to describe.

Pain can be hard to describe because 1) it is subjective and cannot be felt by others and 2) it is not a visible condition. Thus, a judge assigned to your case may not fully understand the extent your pain if you merely state you have pain. Stating you have pain is not enough; in order to strengthen your chances of winning your disability case, you must learn how to effectively describe your physical pain so that the caseworkers, physicians, and even the ALJ (Administrative Law Judge) assigned to your case can understand what you experience each day and how your pain limits your functioning.

In my practice over the years, there is a mistake made by people applying for Social Security disability benefits that I see over and over again. Many people attempting to get SSDI or SSI suffer from chronic pain due to many different medical conditions. It is extremely common for someone who is suffering from chronic pain whether it be from a back condition, fibromyalgia, RSD, or any other medical condition that involves pain to also suffer from some degree of depression as a result. Chronic pain by itself can cause depression, but many people also become depressed due to lifestyle changes caused by the severe pain. I can’t tell you how many people have come to me with chronic pain conditions and were told by their doctors to seek help for depression and anxiety from a psychiatrist as part of their treatment. Many of these claimants do not follow their doctor’s advice and seek treatment for depression for various reasons. I have been told things such as “I’m not crazy I’m just in pain”.

Many people also don’t want to be labeled with a diagnosis of depression for different reasons. I am writing this post to tell you that it is very important to follow your doctor’s advice and get treated for depression or anxiety if your doctor recommends it. It will not only help your Social Security disability or SSI claim, but hopefully help your overall well-being. Many people don’t realize they are depressed, because they are so focused on their physical problems. Since this post is about Social Security disability and depression I will explain why it is important that you claim depression as a medical condition along with your physical problems to give yourself the best chance to win. Let me first say that everyone who has chronic pain does not also have depression but if your doctor tells you do or advises you to be checked by a psychiatrist you should do so.