DISABILITY AND BACK DISORDERS

Back trouble is a generic term for many musculoskeletal impairments that cause pain in the back, shoulders, hips or legs.  

 Back and spinal issues are the single largest cause of disability in the United States.  

Social Security, however, will not pay a benefit simply because of complaints of back pain, even if the doctor has recorded long term complains of pain.

It's necessary to determine the cause of back pain in order to get benefits approved.  This usually requires objective tests which may include X-rays, MRIs or CT scans for imaging of the spine.

These imaging studies may show degenerative disc disease.  Specifically, studies may reveal narrowing of the spinal canal, osteophyte complex (bone spurs), bulging or herniated discs or other problems.

After demonstrating the cause of the pain, Social Security will try to determine how pain affects your ability to function.  How does pain limit your ability to sit, stand, stoop, reach, kneel, crouch, crawl, lift, etc.?

With the functional limitations caused by your pain, what type of work are you still able to perform?  You probably can't do heavy work and the ability to perform medium exertion jobs may be precluded, too.  But, can you still perform light work?  What about sedentary jobs which are mostly performed from a seated position and require little lifting?

If an individual is under age 50 and can still perform light or sedentary type work, Social Security will deny the claim.  For claimants under age 50, it must be shown that they are unable to perform any kind of work which exists in substantial numbers in the national economy.

Claimants age 50 and over may qualify under a medical-vocational rule, especially if they have no light or sedentary work in their work history.  

Your best chance with a back impairment is to have good medical records which include MRI imaging or similar visual studies of your spine.  It also helps if you have seen a specialist, usually an orthopedic doctor for treatment.

I always recommend getting one of your treating physicians to complete a Medical Source Statement which estimates your restrictions of function.  In short, get your doctor to estimate how long you can sit, stand and walk.  How much are you able to lift repeatedly (as in a work schedule)?  How is the ability to bend, kneel, crouch and reach impacted?

With good medical evidence, including visual imaging, it may be possible to prove that back problems (musculoskeletal impairments) are severe enough to impose a disabling condition.  

CAUTION:  You should know that up to 80 percent of disability claims are denied at the application level.  Most of these claims require an appeal process to be paid and this can take time and skill.  Most of all, it takes persistence.  Stick with the process until you get approved.  Once in the appeal process, the assistance of qualified attorney or advocate can be very valuable.


Comments

Popular posts from this blog

HOW TO GET READY FOR YOUR HEARING

DOES SOCIAL SECURITY PAY SHORT TERM BENEFITS?