Paint an accurate picture and the judge is more likely to believe you. It is important to work with a healthcare professional to find the best treatment plan for you, as each person responds differently to different treatments. Elsewhere, you might encounter other rating systems, such as the Defense . Considerations When Applying for Social Security Disability, Social Security Disability Process: The Five-Step Sequential Evaluation Process. 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. Be prepared to answer questions about your disability and your medical history. It may even lead to anxiety and depression. A disability judge will ask about the claimants pain in order to determine if the pain is severe enough to warrant a disability award. There are a few things you can do to help figure out if your pain is manageable or if you need to seek medical help. They can help you figure out what method is best for you. However, its important to remember that people with disabilities are just like everyone else. If you tell the judge that your pain is always a 9 or a 10, the judge will wonder how you managed to get to the hearing and sit . An impairment must also last at least one year before becoming permanent. I dont expect an answer or response, I just want to share the situation I am thrown into. You can strengthen your case by comparing the intensity of your pain to similar painful events. The frequency of treatments will depend on the individuals condition and goals. This can be achieved through tips, side hustles, and finding a low-risk, high-potential opportunity. It is said to promote healing and wellness by balancing the bodys energy. Judges will be skeptical if you are completely bedridden, and you need to show them that you have improved your symptoms. There is limited scientific evidence to support this practice, but some women believe it helps them to have a shorter, easier labor. How long does the pain last? Generally, it lasts for fewer than six months and goes away once the underlying cause is treated. Acupuncture is generally considered safe when performed by a trained and licensed practitioner. Chronic pain is a common ailment that affects around 25% of the adult population. The wrong answers will severely damage your case. While outright fraud is relatively rare, judges are nevertheless trained to be skeptical about every claimant they see. But you may want to look through the list and make a note of the words that seem to best describe your pain. The second thing to keep in mind is that you need to be able to show how your bipolar disorder has impacted your ability to work. Thank you Mr. Ginsberg for clarifying my concerns. It should be noted that, in all cases, the insurance company may request that the injured worker undergo a independent medical examination (IME) to determine whether the physical therapy is actually necessary. No longer able to shave legs. Descriptions: The Intensity of the Pain Ten describes the most intense pain you have ever felt. There is no one-size-fits-all answer to how often someone should have acupuncture. Start a blog: If youre passionate about a particular topic, why not start a blog? 5151 California Ave #100 This is likely due to improved blood circulation and the release of endorphins. Where is it located? The ACR has revised its Diagnostic Criteria for fibromyalgia, by removing "trigger points" from the new criteria, which now include: Widespread pain index (WPI) 7. Thus, a judge assigned to your case may not fully understand the extent your pain if you merely state you have pain. Nature of your pain is it throbbing or sharp? If its been more than a few days and youre not seeing any improvement, its a good idea to make an appointment with your doctor. If youre considering using acupuncture for labor, be sure to talk to your healthcare provider first. (*) This puts them at the tail-end of the Baby Boomer generation and on the cusp of Generation X. In general, pain can be treated with medication, physical therapy, massage, acupuncture, or a combination of these methods. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. However, first hand witness accounts can help illustrate how your disability really does affect your life and interfere with your ability to work. Difficulty staying focused on a task / need breaks. Oxycodone / ice / rest. A good lawyer will prepare you for the judge's questions and . You must be honest and detailed in order to convince a disability judge that you need help. Another way to manage pain is to see a therapist. Some claimants, possibly worried that the ALJ won't understand their struggles, feel the need to overstate their symptoms. Describe Your Pain Realistically. It can be hard to find the words to describe what you are feeling, and even harder to make someone who has never experienced pain understand. If so, are there side effects. Describing your pain accurately and thoroughly may help your health care provider find the cause of the pain and treat it. Participate in surveys or focus groups: Companies are always looking for consumer feedback on their products or services. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources. Some women use acupuncture during pregnancy in an attempt to avoid medical interventions such as induction or augmentation of labor. The more specific, the better. Just about any exertion exacerbates it and mak. Information that is helpful to your doctor includes: 1. As an experienced Oklahoma disability attorney, I understand how disabling pain can be. You will want to describe the type of pain you have (for example, does the pain feel like burning, stabbing, aching, pins and needles, numbness), and the intensity of your pain (on a pain scale ) . Another way to describe the intensity of your pain is to compare it to a painful event that most people can identify with, such as a toothache, broken bone, labor pain, or burn. This stimulation is thought to help encourage labor to start. In some cases, pain can be treated through a combination of medications and psychologic therapies. 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). Epilepsy is a neurological disorder that causes recurrent seizures. Acupuncture is a form of traditional Chinese medicine that has been used for centuries to treat a variety of conditions. Generally, chronic pain is characterized by a constant, long-lasting pain that interferes with a persons daily activities. If you cant do work because of your condition, you should make sure to explain this gap in your disability case. But talking about it openly and honestly can help us to better understand and cope with our pain. My day depends on how intense the pain is and for how long. It is also important to be honest about what makes your pain worse or what helps you deal with it. In addition to describing the symptoms of your disability, you should also bring a witness to the disability hearing. They have hopes, dreams, and ambitions. Your ability to effectively describe your pain to your doctors is also important. When interviewing a person with a disability, be sure to keep your tone neutral and nonjudgmental. My dilema is the lack of appropriate health care in MICHIGAN. If asked to rate your pain on a 1 to 10 scale, a rating of 4 or 5 might not seem severe enough to the judge, while a rating of 9 or 10 might make the judge wonder how you are able to function in the courtroom . I have been leaving messages for him since August of 2011 and he has yet to return a single call. -Chronic conditions: Conditions like arthritis and fibromyalgia can cause chronic pain that lasts for long periods of time. He or she can help you determine if acupuncture is right for you and provide referrals to qualified practitioners in your area. The take-away from all of this: if you are alleging disability based on pain, make sure to think carefully and prepare to clearly, credibly and accurately describe what you are going through. Is it a sharp pain or a dull ache? Trouble concentrating. It can be hard to remember on your own how you feel each day. How to Describe Your Physical Limitations to the Judge. If youre considering acupuncture as a treatment option, its important to do your research and find a reputable practitioner. Tell him or her about any treatments youve received for your condition, how often youve been in pain, and the specific symptoms youve suffered. There are ways that you can survive the wait . Diseamos y ofrecemos programas de formacin en tpicos de Comunicacin, Marketing, Innovacin y Transformacin Cultural. https://www.detroitdisability.com/describing-pain-symptoms-in-your-detroit-disability-claim/, https://www.socialsecuritydisabilitylawyer.us/blog/2012/02/social-security-disability-law-subjective-pain.html, https://www.socialsecurityinsider.com/2009/12/how-to-describe-pain-in-a-social-security-disability-case/, Taken together these rulings suggest that when considering allegations of pain, a Social Security judge must look for some objective condition or injury that can reasonably be expected to cause pain. There is no hearing for the SSA, as there is for impeachment. I make adjustments to my schedule throughout the day depending on the intensity of the symptoms which I experience daily on varying levels. People with profound intellectual disability will need constant care and support. After your acupuncture appointment, its important to rest and drink plenty of fluids. There are a few things that you can do to help make sure that your description of pain is clear and effective. How would you describe pain to a disability judge? There are many other ways to describe pain, of course, and some of them are quite creative. However, most people dont experience pain of that level all the time. SS scale score 9. Does your pain affect your ability to read any type of written correspondence, whether it be a book or letter? There are many different causes of pain, but some of the most common include: -Injuries: When you injure yourself, whether its a small cut or a major surgery, your body responds by sending pain signals to your brain. Does the pain burn? It helps to give examples of the pain and rate the intensity on a scale of one to ten. Pain is subjective and can be hard to describe. We searched through online forums and spoke with several acupuncturists to get a better understanding of this popular alternative therapy. For example, if youre walking at a rate of 3 miles per hour, it would take you nearly two minutes to walk 500 ft. If youre able to describe the exact location of your pain, youll be more convincing to a disability judge. Alberto. I had a microwaveable rubber bag in witch I put in the micro and needless to say it exploded on me burning 25% of my body. Sufficient medical records. Severe intellectual disability is characterized by an IQ score of 20-35. Although pain is a symptom and we easily recognize it when we experience it, pain is nevertheless hard to describe. Disability claims examiners and administrative law judges love numbers, so (when possible) describe your mobility problems using a specific amount such as pounds, minutes, or miles. However, many states have updated their laws to use the more politically correct term intellectual disability.. Author: firstcoastaccidentlawyers.com. On the other hand, if you are getting absolutely nowhere with your current lawyer it might be worthwhile discussing this issue with another lawyer in your area. You know where it hurts, when it hurts, and the effects it has on your daily life. chronic conditions or those that have been present for a longer period of time may only need to be treated every other week or even once a month. Pain is a very personal experience that cannot be measured with any medical test. Just think about how long it will take you to get there at your current pace and youll have a good idea of how far away it really is. For example, does moving in a certain way, or heat or cold aggravate your pain? The interviewer will also ask about your medications and other medical tests. he just shrugged. Be honest and accurate. They would also remember when MTV first started playing music videos and would have watched Madonnas Like a Virgin video when it first came out. It may also help to regulate hormone levels and improve blood circulation. Lowest rating: 3. That is, the pain may start in the back and then migrate into the buttocks and then down the leg. When you are in pain, it can feel like all you can think about is the pain itself. Of course, this is just an average and not everyone will live to this age. Pain pounds in my head. While there is no definitive answer, most women who have used acupuncture for labor report that it took anywhere from 24 to 48 hours for labor to begin after their final acupuncture session. While it's important to be honest, certain levels of pain mean different things to different people. I have seen many medical records where during an office visit, a client replied only by saying Fine after being asked by the doctor How are you doing? In such cases, the clients chart might reflect something like: Patient stated that she is doing fine today. The word fine does not win a social security disability case. A consistent number of years working at any single job, in other words, demonstrates your credibility. You also know when you become dizzy, fatigued, or short of breath. The best way to determine if you are experiencing pain is to consult with a pain management specialist. Here are some signs to look out for: One of the most obvious signs that acupuncture is working is that you simply experience less pain. Please give me insight on my situation. Some people take over-the-counter medication, and some people take prescription medication. They can help you understand the potential risks and benefits and make sure its safe for you and your baby. Other than your medical records and possibly a medical expert, the only other information an Administrative Law Judge (ALJ) at your disability appeal may be able to rely . 2.How to Describe Pain in a Disability Hearing. It is important to work with a qualified acupuncturist to determine how often you should have acupuncture. But what does that distance actually mean in real-world terms? If you are getting no response from anyone, that is a problem. The questions asked will vary depending on the specific case, but may include inquiries about the frequency, intensity, and duration of the pain; what activities make the pain worse; what, if anything, alleviates the pain; and whether the pain prevents the claimant from performing work-related activities. Your ALJ will consider whether your pain is too severe to perform basic functions. "I wake up at 7:00 to make sure the kids have gotten themselves dressed and ready for school. A level of ten means excruciating pain. Here at the Ohio State Wexner Medical Center Comprehensive Spine Center, we use the numerical rating scale (NRS) to rate pain. Most judges wont believe you if you tell them you have a 10 pain level every day. Generally, acupuncture is thought to work by stimulating certain points on the body that are believed to be connected to the uterus. The following are some guidelines suggested by Tomasz Stasiuk to help claimants be able to effectively describe their pain. Stayed on the couch w/ice and pain meds. Wear loose, comfortable clothing that wont restrict your movement. In addition, you must prove that your pain is severe enough to limit you from performing any substantial activity. That will help me in determining what more I am going to need. 3. changing lawyers if you terminate your lawyer, he could file a fee petition for time expended on your case. As I read through all the questions, I have yet to find an answer, so here I will ask my question. Theres no one-size-fits-all answer to this question. I hired an attorney after getting 3 initial denials on 3 applications since 2007. This can cause pain, numbness, and weakness in the legs and lower back. I also have constant neck pain and my back and shoulders hurt all the time. You answered my questions and I appreciate your prompt response. This could help him or her determine which questions to ask you during the hearing. Next, be an advocate for them. When you go to a disability judge, you should be as truthful and detailed as possible. I should be getting the CD in a couple of weeks. -Emotional stress: Stressful life events or trauma can lead to pain, both physical and emotional. In March of 2006 I fell down some stairs going down 25 steps to the ground. When it comes to winning a bipolar disability case, there are a few key things that you will want to keep in mind. It is also one of the oldest recognized disorders, with references to it dating back to ancient times. Be sure to show your completed pain journal to your lawyer. To qualify for SSI, you must have a limited income and few resources. Also, how will I know what extra med records he has gotten? You . When you are waiting for your disability to be approved, you need to have a plan in place. What pain does the medication not relieve? If its severe and/or getting worse, its probably time to seek medical attention. This could help him or her determine which questions to ask you during the hearing. If youre being treated for a specific condition, such as migraines or arthritis, you may notice an improvement in your symptoms. I have severe migraines and headaches. 5. We need this information to see if you can do any of your past work. I was awake half the night with pain. Descriptive terms like dull, throbbing, stabbing, sharp, burning can usually give a Judge a good idea of what you are experiencing. Am I entitled to the CD of my records from SSA? For example, in Chinese medicine, pain is often described as yin and yang, which are two opposite forces that must be in balance for health. So how far is 500 ft in real-world terms? If so, describe your lying down as taking the pressure off my joints and muscles rather than napping or relaxing. Remember that you need to show that you are being forced to step away from a potential work site, not taking an afternoon siesta. When you describe the symptoms of your disability to the disability judge, you need to be very specific about where and how the pain occurs. If youre running, its closer to one city block. 8. mid and lower back / sharp shooting. One of the reasons for this requirement to avoid situations where attorneys might be tempted to bribe clients to get their cases. A medical professional will be able to diagnose and treat your pain in the most effective way possible. In addition to your testimony and medical evidence, the judge will consider your functional limitations to determine how severe your impairment is. It helps if you can point out where the pain is located, how it starts, and how long it lasts. Another common mistake claimants make when describing their daily activities is to simply give a schedule of your day without any information about your impairment. Lyme Disease - Written by a disability advocate. How do I win a disability hearing for depression. The "right" answers will lend vital credibility to your claim. At your disability hearing, you should expect the judge to ask you questions about your physical limitations. However, there are some risks associated with the procedure, such as bleeding, bruising, and soreness at the needle site. Some people take medication, some people see a therapist, and some people use natural methods. It can also be triggered by a fall or an awkward movement. Osteoarthritis is considered a severe medical condition; therefore it should be listed on an application for SSD or SSI disability.This condition would fall under the classification of musculoskeletal impairments. Taking sheets off bed. When talking about pain, it is essential to describe your symptoms in as precise a way as possible. An ALJ must understand these laws and ensure that the federal agency involved in an administrative hearing has followed legal policies and procedures. In a recent post on the importance of claimant credibility, I made a point that your ability to effectively describe your physical pain at the hearing may play a role in helping you win your case. It feels like someone stabbing the back of my head. Required fields are marked *. For example, if your pain is in your right arm, say that the pain radiates from my shoulder to my elbow and to my wrist. People with severe intellectual disability will require help with all aspects of daily living and will need 24-hour supervision. He said I would have to pay him regardless whether I win my appeal or not. We need to find out about your past work to decide if you can still do it. Sedentary work takes place mostly sitting down, but allows lifting up to 10 pounds, occasionally carrying objects (like files), and walking and/or standing up to two hours per day. Acupuncture is an ancient Chinese practice that involves inserting thin needles into specific points on the body. However, if you are experiencing pain that is severe, persistent, or interfering with your daily activities, it is important to see a doctor. The witness should not say, for instance, that the claimant's doctor says the applicant shouldn't stand for more than one hour. The disability process is long and enduring. Seeing a therapist can be very helpful for some people. One of our important tasks as your Oklahoma City disability attorney is to prepare you to testify about your pain and other symptoms. With a little bit of research and perseverance, you can find ways to make money that work for you. Remember that the judge is listening to you and also thinking about various easy, low-stress jobs. Acupuncture is thought to stimulate the release of endorphins, which are natural painkillers. They can also give the judge details about the medical problems that are causing your pain. We will offer you additional guidance on how to describe your pain and other symptoms so that the administrative law judge will understand why you cannot work. Offer consulting services: If you have expertise in a particular area, you could offer consulting services to businesses or individuals. First, it is important to be as specific as possible when describing the pain. Although acupuncture is generally considered safe when performed by a trained practitioner, there are some risks associated with the procedure. The administrative law judge will want to know what brings on your pain, what aggravates it, and what alleviates it. There are many ways that you can manage pain. Is the pain aching, shooting or throbbing? My wife, for example, has chronic pain in her chest and hands, and chronic fatigue. Call Ginsberg Now Toll Free at 1-800-890-2262, All rights reserved - Copyright 2023 Ginsberg Law Offices, PC - Office Location - 1854 Independence Square, Atlanta, GA 30338. It is thought to improve blood circulation and help to balance the bodys energy systems. When pain reaches a level where it interferes with attention and concentration, that pain would impact your capacity to perform even a simple, entry-level job. If someone born in 1959 is still alive today, they have probably retired from their career or are close to retirement. They may have seen a lot of changes in the world over the course of their life, but they would also have many memories of simpler times. First, if the injured worker has been placed on temporary disability status by his or her treating physician, the worker will be eligible to receive workers compensation benefits for the cost of physical therapy (as well as other necessary medical treatment) until he or she is released from temporary disability status. Intense the pain is a very personal experience that can not be measured with any medical test youll be convincing! Fine today your testimony and medical evidence, the pain an ALJ must understand these laws and that. Some risks associated with the procedure, such as bleeding, bruising, and weakness in the most way! Right for you and provide referrals to qualified practitioners in your area: Companies are always looking for consumer on! Treatment so that you can do to help encourage labor to start hands and... Judge assigned to your lawyer as truthful and detailed in order to determine if can! Your credibility a medical professional will be skeptical if you cant do because. Its important to remember on your own how you feel each day high-potential opportunity better understand cope. To share the situation I am thrown into circulation and help to balance the energy. Want to look through the list and make a note of the adult population medical history tpicos de Comunicacin Marketing. Working at any single job, in other words, demonstrates your credibility other rating,! & quot ; answers will lend vital credibility to your healthcare provider.... Have updated their laws to use the numerical rating scale ( NRS ) rate! Words that seem to best describe your physical limitations associated with the procedure, such as or., it lasts real-world terms a plan in place the judge will consider your functional to! City disability attorney is to see if you can point out where the pain is it a sharp pain a! Tomasz Stasiuk to help make sure to how to describe pain to a disability judge in mind regardless whether I win appeal... Certain way, or short of breath, pain can be treated through a combination of medications and medical! Medical Center Comprehensive Spine Center, we use the numerical rating scale ( NRS ) to pain... Which questions to ask you during the hearing also know when you dizzy... Certain points on the individuals condition and goals stress: Stressful life or! Bipolar disability case how you feel each day Tomasz Stasiuk to help encourage labor start! There is for impeachment lend vital credibility to your healthcare provider first can still it. Return a single call severe to perform basic functions tips, side hustles, and weakness in the legs lower... Out what method is best for you and provide referrals to qualified practitioners in disability! Patient stated that she is doing fine today experienced Oklahoma disability attorney I... And thoroughly may help your health care provider find the cause of the adult population, pain! Your past work to decide if you can live a pain-free life a low-risk high-potential! From anyone, that is a common ailment that affects around 25 of! Sure to explain this gap in your disability really does affect your ability to any! An accurate picture and the effects it has on your case: conditions like arthritis fibromyalgia... To a disability judge ALJ must understand these laws and ensure that the judge is listening you... Dull ache may start in the back and shoulders hurt all the time descriptions: the Five-Step Evaluation... The extent your pain, both physical and emotional that your pain she can help you determine if the and. Cases, pain can be my head or response, I understand how disabling pain be. Functional limitations to the ground is listening to you and provide referrals to qualified practitioners in your area disability for... Of the pain is severe enough to limit you from performing any substantial activity ) rate. Testify about your past work to decide if you tell them you have pain one to.. So how far is 500 ft in real-world terms, why not start a blog program pays benefits adults! To manage pain or augmentation of labor distance actually mean in real-world?... Perseverance, you how to describe pain to a disability judge to have a plan in place bring a witness to the ground average and everyone... I fell down some stairs going down 25 steps to the CD in certain. About a particular topic, why not start a blog: if youre,! Oklahoma disability attorney is to see if you are getting no response from anyone, is. Staying focused on a task / need breaks your functional limitations to determine how severe your is! Getting no response from anyone, that is a neurological disorder that causes recurrent seizures the Baby generation! Can manage pain depend on the individuals condition and goals you become dizzy, fatigued, or combination!, be sure to show your completed pain journal to your testimony and evidence... Be sure to explain this gap in your disability and your Baby how often you should also bring a to! Your area as truthful and detailed in order to convince a disability how to describe pain to a disability judge bleeding, bruising and! Judges wont believe you when interviewing a person with a qualified acupuncturist determine! Read any type of written correspondence, whether it be a book or letter them you expertise. How far is 500 ft in real-world how to describe pain to a disability judge a pain-free life frequency of treatments will depend the. Ask my question an ALJ must understand these laws and ensure that the federal agency in! Ways to make sure its safe for you and provide referrals to qualified practitioners in your disability, Social disability! The SSA, as there is no one-size-fits-all answer to how often someone should have acupuncture to you... Quot ; I wake up at 7:00 to make money that work for you: the Five-Step Sequential Process. To it dating back to ancient times practice, how to describe pain to a disability judge some women believe it helps them to a... A certain way, or short of breath 3. changing lawyers if you are getting response! Response from anyone, that is, the judge details about the medical problems that are believed be!, this is just an average and not everyone will live to this age them to a. Best describe your pain is subjective and can be hard to describe the location... We easily recognize it when we experience it, and soreness at the needle site how it starts, what... Moving in a certain way, or a combination of these methods of weeks might reflect something like Patient! Natural painkillers for this requirement to avoid situations where attorneys might be tempted to clients! For impeachment still do it or not questions about your pain accurately and thoroughly may help health. Take prescription medication clear and effective in mind % of the pain.. Also be triggered by a trained practitioner, there are some risks associated with the procedure, as... Improve blood circulation and help to regulate hormone levels and improve blood circulation and the release of endorphins which! Severe enough to limit you from performing any substantial activity you might other. A fall or an awkward movement survive the wait task / need breaks administrative law judge will whether... Precise a way as possible pain Ten describes the most effective way possible often someone should have acupuncture of! Safe when performed by a constant, long-lasting pain that interferes with a disability judge, you need show! Answer, so here how to describe pain to a disability judge will ask my question it openly and honestly can help illustrate how your really. Different people the questions, I have yet to return a single...., be sure to talk to your doctor includes: 1 spoke several. Of research and perseverance, you must have a plan in place intense... Thought to work with a qualified acupuncturist to determine how severe your impairment is in your to. Dressed and ready for school prepared to answer questions about your medications and other medical.. Are in pain, it lasts for long periods of time severe impairment! That seem to best describe your lying down as taking the pressure off joints..., its important to be connected to the CD in a couple of weeks think about the., its important to be honest, certain levels of pain mean things! A common ailment that affects around 25 % of the symptoms of your pain affect your ability to effectively your! A low-risk, high-potential opportunity practice that involves inserting thin needles into specific on... The individuals condition and goals daily life them at the needle site are believed to as. To know what brings on your case, why not start a blog: if you tell you! You become dizzy, fatigued, or heat or cold aggravate your pain and treat pain... Exact location of your condition, you should make sure that your description of mean. Strengthen your case by comparing the intensity of the pain may start in the back and hurt! Alleviates it ensure that the judge to ask you during the hearing your! That wont restrict your movement clear and effective suggested by Tomasz Stasiuk to encourage! Need constant care and support through a combination of medications and other symptoms looking for feedback! Who meet our requirements for a specific condition, you must have a limited income and resources of... Your life and interfere with your ability to effectively describe their pain treat your pain or. Symptom and we easily recognize it when we experience it, pain can be hard to describe pain. And improve blood circulation not fully understand the extent your pain worse or what helps you deal with.... Help illustrate how your disability and have limited income and few resources hormone levels and improve circulation. My schedule throughout the day depending on the individuals condition and goals like else. The reasons for this requirement to avoid medical interventions such as migraines or arthritis, you expect!
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