The Online Resource for Massachusetts Poverty Law Advocates

Avery V. Sec'y HHS

Date: 
07/16/1986

Leading case setting out analysis to be used in analyzing pain. There must be a clinically determinable medical impairment that can reasonably be expected to produce the pain alleged. Other evidence including statements of the claimant or his doctor, consistent with the medical findings, shall be part of the calculus. Symptoms such as pain can result in greater severity of impairment than may be clearly demonstrated by the objective physical manifestations of a disorder. ALJ must consider six factors in evaluating a claimant's subjective allegations of pain: (1) The nature, location, onset, duration, frequency, radiation, and intensity of any pain; (2) Precipitating and aggravating factors (e.g., movement, activity, environmental conditions); (3) Type, dosage, effectiveness, and adverse side-effects of any pain medication; (4) Treatment, other than medication, for relief of pain; (5) Functional restrictions; and (6) The claimant's daily activities. Where the degree of pain alleged is greater than that which can reasonably be anticipated based on the objective physical findings the Secretary should explore other information. SSR 82-58.


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