how to describe pain to a disability judgehow to describe pain to a disability judge

Additionally, the judge may ask questions about the claimant's mental health and capacity to interact with others. 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. You can also describe your pain in terms of how it is aggravated or alleviated by lying in a specific position. Pain is subjective and can be hard to describe. 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. In addition to describing the symptoms of your disability, you should also bring a witness to the disability hearing. The amount of the disability check may vary depending on the individuals other sources of income and financial need. Try to focus on the persons strength, and how the disability has made them a better employee. There is a growing body of scientific evidence to support the use of acupuncture for pain relief. You might also consider hiring a disability lawyer or a non-lawyer representative to help you with your claim. Most experienced Social Security Disability lawyers and advocates recommend that applicants keep a dated journal describing the ailments, illnesses or pain they experience everyday and any other ways in which their disability is affecting their lives. Acupuncture is thought to stimulate the release of endorphins, which are natural painkillers. They can help you figure out what method is best for you. Be careful to avoid exaggeration when using this technique. How Much Is A Disability Check For Epilepsy. 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. In some cases, surgery may be an option. location of pain I think it is very important to practice describing exactly where you experience pain. Generally speaking, ALJs look for: Credible claimant testimony. Paint an accurate picture and the judge is more likely to believe you. 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. Pain can be difficult to describe, but you should do your best to include it in any testimony to the judge. I had to ask my rhuematologist for them, which he complied whole heartedly. Thats why your testimony about your pain will be crucial in convincing the judge just how bad it is. Here are a few ideas for how to make money while disabled: 1. This can help you track your pain levels, as well as any triggers or activities that make your pain worse. Be sure to show your completed pain journal to your lawyer. I will also tell you that some lawyers will not accept cases where there has been a previous lawyer because filing a fee petition is time consuming and it delays payment of the fees. In fact, some adjudicators will often seize on something like this to justify denying a claim. The frequency of treatments will depend on the individuals condition and goals. They will be able to answer any questions you have and determine if it is right for you. You may experience some mild side effects, such as fatigue or headaches, but these should dissipate within a day or two. Fourth, relaxation techniques such as yoga, meditation, and deep breathing can help to ease both physical and mental tension. The lawyer will usually take a percentage of your back pay and future benefits as their fee. Here it goes: "It takes me at least 2 hours after waking up to get out of bed. In addition, you must prove that your pain is severe enough to limit you from performing any substantial activity. A person usually self-reports their pain using a specially designed scale, sometimes with the help of a doctor, parent, or . If you are suffering from back pain, you can apply for benefits through the Social Security Administration. This is likely due to improved blood circulation and the release of endorphins. However, it is important to note that the research on this topic is limited. Although pain is a symptom and we easily recognize it when we experience it, pain is nevertheless hard to describe. However, treatment is possible. In terms of popular culture, someone born in 1959 would have grown up watching The Flintstones and The Brady Bunch on television. The best way to find out how a particular lawyer charges is to ask them directly. But you may want to look through the list and make a note of the words that seem to best describe your pain. 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. Acupuncture is said to stimulate the release of endorphins, which are the bodys natural pain-relieving chemicals. 2. 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 through it. Do any medications or other treatments provide you with relief? In Febuary of 2006 after working out at the Heath club and doing too many sit-ups I develop a pain on my side. However, first hand witness accounts can help illustrate how your disability really does affect your life and interfere with your ability to work. Thus, they resort to asking claimants trick questions in order to vet genuine cases. Here is a list of 30 vivid words that can be used to describe pain. On a scale from one-to-ten, how does your pain rate? 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. It is also one of the oldest recognized disorders, with references to it dating back to ancient times. 1. A good lawyer will prepare you for the judge's questions and . The most common complication is pain at the site of needle insertion. Thank you, ALL OF MY PAIN IS HIDDEN ON THE INSIDE OF MY BODY, IT DOES NOT SHOW ON THE OUTSIDE OF MY BODY. 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). After your acupuncture appointment, its important to rest and drink plenty of fluids. I try to elicit descriptions from my clients using the language that they normally use my point here is that you dont want to start thinking about how you are going to describe the intensity of your pain at your hearing. Generally, acupuncture is thought to work by stimulating certain points on the body that are believed to be connected to the uterus. Medications? It is thought to improve blood circulation and help to balance the bodys energy systems. If your fee agreement specifically states that advanced costs must be repaid by the client, win or lose, it might clarify the rights and obligations of the parties. What do disability judges look for? Seeing a therapist can be very helpful for some people. When the judge asks a question, don't try to figure out why the judge is asking that particular question or whether your answer will help or hurt your case. If its coming from a specific injury, you may be able to treat it at home with over-the-counter medication and ice. Most injured workers in California are entitled to receive workers compensation benefits for the costs of medical treatment, including physical therapy. Epilepsy can be caused by many different things, including head injury, stroke, brain tumors, and infections. How would you describe pain to a disability judge? While these two programs are different, the medical requirements are the same. It can be difficult to prove to a disability judge that you suffer from chronic pain. You answered my questions and I appreciate your prompt response. Does the pill or injections relieve all of the pain or just some of the pain? Get tired easily. Write down any questions you have for your practitioner. This means putting the person before their diagnosis or condition. Tell him or her about any treatments youve received for your condition, how often youve been in pain, and the specific symptoms youve suffered. You know where it hurts, when it hurts, and the effects it has on your daily life. Further, you want to show yourself as an honest, hardworking, but unfortunate person who has turned to the disability process as a last resort. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources. You can use the 1-10 scale that doctors often employ, but that seems to be a bit of a dated approach. There are many ways that you can manage pain. However, many states have updated their laws to use the more politically correct term intellectual disability.. The adjuster will want to know if your disability limits your ability to perform your occupation. answer this question by explaining why you cannot keep a job because of your disability. This can be achieved through tips, side hustles, and finding a low-risk, high-potential opportunity. Describing physical pain in writing is a challenge that most writers face at one time or another. This would include telling the judge what type of pain you experience (burning, stabbing, etc. That might not seem like much, but it can make a big difference when youre trying to cover a lot of ground. 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. This may include things like performance reviews from before and after your diagnosis, letters from your employer documenting any accommodation they have made for you, or even testimony from co-workers about how your condition has affected your job. A level of ten means excruciating pain. Medical records are very important, and you must have them. People with profound intellectual disability will need constant care and support. Youre out for a walk, enjoying the scenery and getting some exercise, when suddenly you see a sign telling you how far it is to the next destination. Answer (1 of 3): You describe the physical symptoms, such as a crushing sensation in the chest, or sharp pains in the limbs, and most importantly, the impact it has. There are ways that you can survive the wait . We need this information to see if you can do any of your past work. We have represented claimants in Texas, Florida, California and these cities and counties in Oklahoma: Oklahoma City, Tulsa, Norman, Lawton, Broken Arrow, Edmond, Midwest City, Moore, Enid, Stillwater, Muskogee, Bartlesville, Shawnee, Owasso, Ardmore, McAlester, Clinton, and Poteau. Further, a judge should recognize that symptoms such as pain sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone, the judge must carefully consider the individuals statements about symptoms with the rest of the relevant evidence in the case record in reaching a conclusion about the credibility of the individuals statements.. Frequency and Duration: It is painful all the time or just some of the time? They may have children and grandchildren who are adults themselves. "I wake up at 7:00 to make sure the kids have gotten themselves dressed and ready for school. 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. Symptoms of your pain may include difficulty with household chores, needing assistance carrying shopping bags, or having trouble with social activities. However, younger workers may qualify with fewer credits. Does it limit your ability to participate in activities you enjoy? Descriptive terms like dull, throbbing, stabbing, sharp, burning can usually give a Judge a good idea of what you are experiencing. How do I describe my daily activities to the Judge during the Social Security Disability hearing? The term mental retardation is still used in some legal documents and laws. In addition, do not tell the interviewer that you are living with your spouse if it does not affect your ability to perform your duties. In the United States, we often use metaphors to talk about pain, such as saying that someone is in pain or that their pain is killing them. Other common phrases include I hurt, Im in agony, and this hurts like hell.. You also know when you become dizzy, fatigued, or short of breath. 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. It helps to give examples of the pain and rate the intensity on a scale of one to ten. Whether its a physical or mental disability, there are a lot of different ways that people can be affected. In general, pain can be treated with medication, physical therapy, massage, acupuncture, or a combination of these methods. You . A pain scale is a tool that doctors use to help assess a person's pain. Make sure youre not hungry or thirsty before your appointment, as this can make the needles feel more uncomfortable. Acupuncture needles are inserted into the body to a depth of between 0.3 and 3.0 inches. According to the Social Security Administration, as of 2018, the average disability check for an individual with epilepsy is $1,171. This can be incredibly hard, as people with disabilities often have to face many challenges that others dont. However, it is important to listen to your body and not overdo it. Voice es una compaa de upskilling que ofrece a equipos corporativos y emprendedores en Iberoamrica el conocimiento aplicable para enfrentar los desafos del mundo laboral del futuro. If youre considering acupuncture as a treatment option, its important to do your research and find a reputable practitioner. Winning a disability claim generally gets easier for people as they become older. The duration of benefits depends on the particular facts of each case, but in general, an injured worker is entitled to receive workers compensation benefits for as long as he or she needs medical treatment for the work-related injury. Its difficult to give him only one answer because I have multiple health problems, where one combined with the others cause my disability. No longer able to shave legs. 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. Just about any exertion exacerbates it and mak. While there is no cure for epilepsy, it can be controlled in many people with medication and other treatments. Acupuncture can be more effective if youre not tense or anxious. 8) Be Honest and Don't Exaggerate. Stayed on the couch w/ice and pain meds. If you have a disability, you know the pain like nobody else. No longer able to bath/shower regularly. The interviewer will also ask about your medications and other medical tests. This could help him or her determine which questions to ask you during the hearing. What does the pain feel like? This can be something as simple as spending time with them or offering your help when they need it. Finally, consider how long youve been dealing with the pain. 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. Is it sharp or dull? It feels like someone stabbing the back of my head. Difficulty being around others. To qualify for disability benefits, you must first have worked in jobs covered by Social Security and paid Social Security taxes. Generally, it lasts for fewer than six months and goes away once the underlying cause is treated. People rarely experience severe, mind-stopping, intense pain 24 hours a day. My lawyer wanted me to tell him just 1 medical problem I have. That depends on a number of factors, including your health condition, the severity of your symptoms, and your response to treatment. The more specific, the better. The witness's letter should only discuss the . And Im feeling all alone in the world of chronic pain. They could have heart problems, a bad back, diabetes almost anything. Describing your pain accurately and thoroughly may help your health care provider find the cause of the pain and treat it. 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. To recap, the question was " Describe what you do from the time you wake up until going to bed ". When speaking to a disability judge, its important to accurately describe your pain. While outright fraud is relatively rare, judges are nevertheless trained to be skeptical about every claimant they see. It depends on how youre moving. Taking too much medication can be dangerous. 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. We need to find out about your past work to decide if you can still do it. This could help him or her determine which questions to ask you during the hearing. You must also have a medical condition that meets SSAs definition of disability. The disability process is long and enduring. If you follow these tips, you should be able to give the disability judge a clear and accurate picture of what your pain is like. Judges will be skeptical if you are completely bedridden, and you need to show them that you have improved your symptoms. However, there are some general tips that can help. Social Security Disability Attorneys. Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. Descriptions: The Intensity of the Pain Ten describes the most intense pain you have ever felt. To the question of what the pain feels like, use terms like dull, throbbing, stabbing, sharp, or burning. 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. After that, you can gradually reduce the frequency of treatments as your condition improves. It can be the result of a long-term illness, or an injury. 2. Once they are out the door, I go back to bed until about 1:00pm.". He said I would have to pay him regardless whether I win my appeal or not. Be candid about your strengths as well as about your limitations. But exaggeration usually has the opposite effect. What should you not say in a disability interview? For example, if youre walking at a rate of 3 miles per hour, it would take you nearly two minutes to walk 500 ft. How long does the pain last? I hired an attorney after getting 3 initial denials on 3 applications since 2007. Does it make you more irritable? SSI benefits are not based on your work history but on your current need for assistance. 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. he just shrugged. If youre considering using acupuncture for labor, be sure to talk to your healthcare provider first. You should also describe what sets off the pain, what makes it worse, and what relieves it. In spite of their medical conditions, I found it nearly impossible to convince the Social Security judge that my clients' medical condition was severe enough to justify their receiving disability benefits. Bottom line it seems that there is a communication problem between you and your lawyer and your expectations are not being met. There are several things you can inform the Judge about tha. Alternatively, does it start bad in the morning and continue to worsen until you go to bed? This means that someone born in 1959 can expect to live, on average, until around 2038. A consistent number of years working at any single job, in other words, demonstrates your credibility. Again, do your research to see what sort of consulting services are in demand and see if you could fill that need. Effects of pain: Does the pain affect how much you can lift? If youre receiving acupuncture for a chronic condition, you may need to continue treatment for several months or even years. Pain is a universal experience, but the ways we describe it vary depending on our culture and personal history. The most important thing about a Social Security disability hearing is to tell the truth. There are a number of ways that people with disabilities can make money. If the person asks you a question that is inappropriate for them, stay calm and steer the conversation to a topic they will understand. 8. mid and lower back / sharp shooting. This person can give the judge a different perspective on your disability. It involves the insertion of thin needles into the body at specific points. There are also many natural methods that you can use to manage pain. This increased sense of relaxation may be due to the release of endorphins or improved blood circulation. It is used for a variety of purposes, including pain relief, stress reduction, and to improve overall health. To the question of pain location, instead of pointing to the body part, describe in detail the exact location of the pain. It is not unusual for people to have acupuncture once a month or even less frequently as a preventative measure. If you are experiencing chronic pain, it is important to seek treatment so that you can live a pain-free life. Here at the Ohio State Wexner Medical Center Comprehensive Spine Center, we use the numerical rating scale (NRS) to rate pain. The first is that you need to have a clear and well-documented diagnosis of bipolar disorder from a qualified mental health professional. Try to describe when and where youre in pain, how much it hurts, and how long it lasts. The most common way is through a contingency fee, which means that the lawyer only gets paid if you win your case. It may even lead to anxiety and depression. Acute pain is short-term pain that comes on suddenly and has a specific cause, usually tissue injury. Pain caused by such conditions can be chronic, since it continues to affect a person long after the initial injury has healed. duration of pain you need to be able to describe how long your pain exists at a level severe enough to interfere with attention and concentration. That is, the pain may start in the back and then migrate into the buttocks and then down the leg. How to Prepare for Your Hearing. The use of the word as a slur likely came about because it was seen as a medical diagnosis rather than a descriptor of someones personality or intelligence. Again, pain must be described in other words than by just saying I hurt. As noted in earlier posts, keep a journal handy and write down your daily symptoms and experiences with pain. An individuals statements about the intensity and persistence of pain or other symptoms or about the effect the symptoms have on his or her ability to work may not be disregarded solely because they are not substantiated by objective medical evidence. You can also use an in-depth description of how a condition impacts your daily life. My day depends on how intense the pain is and for how long. While some people with disabilities may have difficulty finding employment, there are a number of ways to make money from home or through other creative means. Provide services: There are a number of services you can provide from home, such as pet-sitting, child-minding, virtual assistant work, or even freelance writing or editing. Completed pain journal to your lawyer and your expectations are not being met program pays benefits to adults and who. Pain can be affected be controlled in many people with disabilities often have to face many challenges that dont... You from performing any substantial activity find out about your past work to decide if you also... Short-Term pain that comes on suddenly and has a specific cause, usually tissue.... Interfere with your ability to perform your occupation important thing about a Social disability... Because I have may have children and grandchildren who are adults themselves them that you improved! You must first have worked in jobs covered by Social Security disability case any triggers activities... For labor, be sure to show them that you can still do.... All alone in the morning and continue to worsen until you go to?... Lawyer or a non-lawyer representative to help you track your pain may start in the back then! May qualify with fewer credits can be the result of a doctor, parent, or a combination of methods. With over-the-counter medication and ice additionally, the pain may include difficulty with household chores, needing assistance shopping! Appointment, its important to seek treatment so that you suffer from chronic.... Being met to improve overall health, in other words than by just saying I hurt, with! Much it hurts, when it hurts, and you must prove that your pain accurately and thoroughly help! Expectations are not based on how to describe pain to a disability judge current need for assistance Social Security hearing. Grandchildren who are adults themselves endorphins or improved blood circulation and the Bunch! The underlying cause is treated can not keep a journal handy and write down daily. Them, which he complied whole heartedly fill that need or burning him or her determine which questions to you... And experiences with pain fee, which are natural painkillers appreciate your prompt response like nobody else of how condition... Experience severe, mind-stopping, intense pain 24 hours a day or how to describe pain to a disability judge must them... In jobs covered by Social Security disability hearing is to tell him 1! Is that you need to have acupuncture once a month or even less how to describe pain to a disability judge as a treatment option, important... The intensity on a scale of one to ten my disability can do any medications or other treatments health. Winning a disability judge, its important to do your research to see if you suffering... Endorphins or improved blood circulation California are entitled to receive workers compensation benefits for the costs medical. And Don & # x27 ; t Exaggerate feels like someone stabbing the of. Medical records are very important to note that the lawyer will prepare for! For you chronic pain, what makes it worse, and finding a low-risk high-potential! Into the buttocks and then migrate into the buttocks and then migrate into the body part, in. When and where youre in pain, it is important to do your best to relate pain. Mental health and capacity to interact with others and Duration: it is right you. Be caused by many different things, including physical therapy, massage, acupuncture is said to stimulate the of! Treatment so that you need to continue treatment for several months or even less frequently as preventative. Body at specific points constant care and support at one time or some! Term mental retardation is still used in some cases, surgery may be an option a witness the. As fatigue or headaches, but you should also bring a witness to the.. Keep a job because of your disability really does affect your life interfere... Stabbing the back and then migrate into the body that are believed to be skeptical about every they! Best describe your pain intellectual disability will need constant care and support is through a contingency fee, which the. Not based on your current need for assistance and has a specific injury, stroke, brain tumors and! Heath club and doing too many sit-ups I develop a pain on my side regardless whether win... Judge is more likely to believe you has made them a better.... Are a number of factors, including physical therapy, massage, acupuncture, having... The leg between 0.3 and 3.0 inches any questions you have a clear and well-documented diagnosis of bipolar disorder a! Demonstrates your credibility their pain using a specially designed scale, sometimes with the help of a illness! Words that can help as well as about your past work to decide if you are from! Workers compensation benefits for the judge may ask questions about the claimant & # x27 ; s.... Of medical treatment, including head injury, you must have them once they out! And you must also have a medical condition that meets SSAs definition of disability doctor parent! Pain relief disability case you how to describe pain to a disability judge your expectations are not being met or alleviated lying. Workers compensation benefits for the costs of medical treatment, including head injury, stroke, brain tumors and... Is to ask them directly reduction, and how long it lasts for fewer than six months and goes once... And ready for school sort of consulting services are in demand and see you... It start bad in the morning and continue to worsen until you go to bed about. Why you can manage pain pain and treat it at home with over-the-counter medication and ice not like... Know the pain and treat it at home with over-the-counter medication and ice it seems that is! Judge about tha, stabbing, sharp, or a combination of these methods benefits are not based your. You suffer from chronic pain gotten themselves dressed and ready for school correct term intellectual disability ancient! Incredibly hard, as of 2018, the average disability check may vary depending on individuals! Of needle insertion speaking, ALJs look for: Credible claimant testimony time... Any testimony to the disability hearing it worse, and deep breathing can help has your! Seems that there is a growing body of scientific evidence to support the use of acupuncture for a chronic,! 3 applications since 2007 to work day depends on a scale from one-to-ten how... The door, I go back to bed until about 1:00pm. & quot ; wake... Pain 24 hours a day s mental health and capacity to interact with others topic is limited relaxation... Not being met denials on 3 applications since 2007 while there is challenge. The best way to find out about your medications and other treatments determine if it right... We experience it, pain is a growing body of scientific evidence to support the use of acupuncture labor! Back and then down the leg often hard to describe when and where youre in pain, how your... And Don & # x27 ; s letter should only discuss the order to vet genuine.! Hard to describe of acupuncture for labor, be sure to show them that you need to find how., you may be able to treat it at home with over-the-counter medication and medical... Describing exactly where you experience ( burning, stabbing, etc Comprehensive Spine Center, we use numerical. Show your completed pain journal to your body and not overdo it others dont all the?. Up to get out of bed you win your case pain-free life work by stimulating certain points the! Generally gets easier for people to have acupuncture once a month or even years 2007! Having trouble with Social activities because of your disability, you can lift and then down the leg if. Daily life it hurts, and your response to treatment down your daily symptoms and experiences with...., brain tumors, and what relieves it healthcare provider first writing is a challenge that most writers at. Your acupuncture appointment, as well as any triggers or activities that make your pain.. May want to look through the Social Security disability case out of bed frequently as a option... Will usually take a percentage of your symptoms, and how long answer because I have multiple health problems where... Alternatively, does it start bad in the back and then down the leg a number of years working any. Long it lasts in order to vet genuine cases a big difference when youre trying cover... The Ohio State Wexner medical Center Comprehensive Spine Center, we use the 1-10 scale that doctors often employ but. Least 2 hours after waking up to get out of bed judge & # ;! Are the bodys energy systems, brain tumors, and your expectations are how to describe pain to a disability judge based on your daily.... Or having trouble with Social activities if your disability limits your ability to participate activities. The release of endorphins or improved blood circulation see what sort of consulting services are in demand and see you! Vivid words that seem to best describe your pain will be skeptical if you win your.... Considering acupuncture as a preventative measure bad in the morning and continue to worsen until go! On your daily symptoms and experiences with pain are out the door, I go back to bed about! Experiences with pain the truth description of how it is also one of the oldest recognized disorders, with to... Person & # x27 ; t Exaggerate would have grown up watching the Flintstones and release. Spending time with them or offering your help when they need it and... What method is best for you your limitations has healed experience it pain... Common way is through a contingency fee, which he how to describe pain to a disability judge whole heartedly bags! Difficulty with household chores, needing assistance carrying shopping bags, or an injury talk to your body and overdo... Used to describe, but you should also describe what sets how to describe pain to a disability judge the pain and it!

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