Chronic Pain Fog

Saturday, May 20th, 2023

Pain adversely effects cognition. Research shows that the more widespread the pain, the bigger the memory deficits. As WebMD points out, pain interferes with concentration and staying on task, and executive functioning.

Social Security constantly posits that if a disability applicant has a cognitive issue, such as concentration or staying on task, then it must be because they have a mental impairment. Consequently, the State agency automatically directs such claimants to attend consultative examination (“CE”) for a “mental problem” in addition to a CE for the physical impairment.

If you do not have a mental problem, then there is no need to attend a CE for a mental problem because the cognitive problem is not due to a psychological disorder. The irrelevant CE is a waste of time, usually delays processing the application, and can become the focus for denying benefits, regardless of the limitations resulting from the physical impairment.

We represent a 61 year old from Pennsylvania with multiple physical conditions that prevented him from continuing to work as a manager. The State agency wanted him to go to a psychological CE because of his concentration problems. We insisted that his concentration issues were due solely to his chronic pain, and he was not alleging a mental impairment. The claimant was approved for Social Security Disability benefits the following week.

If you are thinking about applying for SSD benefits, it is in your best interest to retain an attorney who specializes in disability. Our offices are located in Nassau and Suffolk counties on Long Island. Please call us for a free phone consultation.