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June 29, 2015

Social Security Disability Benefits for Back Pain

A large number of my clients suffer from back pain, and there are many possible causes: degenerative disease, injury, or years of overexertion.  The Social Security Administration (SSA) recognizes that severe back pain can be disabling, but you must have adequate documentation to prove you have a severe medical impairment.  In other words, you must be able to provide medical evidence to show that your pain is the result of a medical diagnosis and that it has more than a minimal effect on your ability to work.  Then you must show that your condition either meets or equals Social Security’s Listing of Impairments §1.04 for disorders of the spine, or that it keeps you from working at your past occupation or any other occupation.  Your age, education level, and work experience can also figure into a finding of disability. What does the SSA mean when they say you must “meet or equal a listing” to be found disabled?  When it comes to your back, the SSA will look at the criteria in §1.00: Musculoskeletal System.  In particular, Listing 1.04: Disorders of the Spine usually comes into play.  To meet Listing 1.04, you must have medical imaging showing that you have nerve root compression, arachnoiditis, or lumbar stenosis in your spine.  You must also have clinical evidence (treatment notes, for example) indicating specific corresponding physical symptoms. If you do not meet or equal a listing, you may be found disabled due to your limited residual function capacity (RFC).  If the SSA finds that your ability to stand, walk, sit, and lift is so decreased by your back pain that you are unable to work, you might be found disabled.  In this scenario, the SSA may also take into consideration your age, education, and prior work experience to determine if you are … Continued

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January 23, 2014

Back Pain and Social Security Disability Benefits

In my Indianapolis Social Security disability practice, most of my clients include back pain as an impairment that keeps them from working.  If you have ever suffered from back pain, you may understand why these individuals claim they are simply in too much pain to perform even the most simple tasks.  You can receive disability benefits for back pain, but it will take more than simply claiming that your back hurts.  In my experience, you are going to need medical records that support your claim.  In this blog I will describe what I find helpful in proving your case. Objective testing – Tests such as MRIs and x-rays can show the severity of your condition.  In my experience these tests, especially MRIs, can make a big difference in proving that your pain is caused by a severe medical impairment.  Some findings that indicate severe impairments include nerve root impingement and severe stenosis. Medical procedures –  What are you doing to try to resolve the problem?  If you are not receiving treatment for your back pain, or if you are resisting the treatment options presented by your doctor, Social Security may conclude that your pain does not bother you that much.  Some of the procedures doctors recommend for back pain include surgery, injections, and physical therapy. Medical source statements –  Sometimes winning your disability claim requires an extra push and some support from your medical provider.  My office strives to get our client’s treating physicians to complete medical source statements.  These statements include Physical Residual Functional Capacity Assessments and questionnaires regarding whether you meet or equal Social Security’s Listing of Impairments as described below. One of the ways Social Security can find you disabled is if you meet or equal its Listing of Impairments.  Listing 1.04 details how an individual can … Continued

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November 29, 2012

Social Security Disability Benefits For Back Pain

As an Indiana Social Security attorney, the majority of my clients suffer from back pain. I personally have occasionally experienced back pain that makes it hard to move around, and I sometimes wonder what my life would be like if the pain was present all of the time. I believe it would be difficult, if not impossible, to work a full time job if this was happening to me on a constant basis. I can sympathize with my clients when they describe their pain to me, but I also realize sympathy is not what they want. They want to be able to provide for themselves and their families when they are unable to work due to back problems. It is important for Social Security disability claimants to know there is a very specific way the Social Security Administration (SSA) looks at impairments involving the spine. One of the first things the SSA looks at when examining claims involving the spine is whether or not the individual meets or equals a “Listing”. The SSA publishes a set of guidelines that details what the SSA considers to be disabling conditions. Listing 1.00 covers the musculoskeletal system.  Listing 1.04 specifically covers disorders of the spine, and in order to meet it you must have objective evidence (e.g., medical tests or imaging) of your impairment. MRIs can be of great importance when attempting to show you meet or equal this listing. You usually cannot depend on the SSA to send you for the appropriate testing and imaging; instead your own physician must conduct testing or refer you for testing that proves you have the required criteria. When I am trying to prove that a client meets or equals this listing, I send questionnaires to the treating physicians requesting they provide relevant details about the … Continued

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