Proving Pain

When pain plays a role in a disability claim it is not safe to assume that claimants’ reports of pain will be accepted by the insurance company as proof of disability. After all, two individuals can have the same, exact condition, for example, herniated disks of the L4-5 area of the back, but one may have very little pain and the other may have excruciating pain. It is therefore necessary to prove pain to verify and weed out all those individuals who may seek a disability without having any real restriction or limitations.

Patient credibility is one area where this can be proven. A treating doctor can provide proof of physical findings that corroborate or verify the complaints of pain. The doctor may also comment on the patient’s credibility and cross test the pain complaints with various movements. Other individuals observing this person can also verify patient credibility. For example, a co-worker who sees a grimace or sweat, or signs of fatigue, by an individual in pain when that individual does not readily know he or she is being observed may be useful. Other facts may also help, such as a sudden withdrawal of activities that were previously enjoyable but which cause pain. A position of financial hardship resulting in economic loss, such as having to sell a house, car or boat, etc. can assist in proving pain. Finally a patient diary kept every day may help prove pain.

There may be many other ways unique to the facts of each person’s case. This underscores the need to obtain an experienced ERISA attorney early on in the claim person.