BACK PAIN & SOCIAL SECURITY DISABILITY

Back pain is a very common problem and the Number One reason people get placed on Social Security disability.  However, getting approved because of back pain is not easy.

I want to share some scenarios that will help your case be approved if you have back problems:

1)  You are age 50 or over.  Social Security is very reluctant to put anyone under 50 on disability.  It is tougher for younger individuals.

2)  There is fairly recent CT, MRI or X-ray evidence in your medical records that show a physical cause for back pain.  That might be a herniated or bulging disc, central canal or neuroforminal stenosis, compression of a nerve root, etc.

3)  You have a steady work history. 

4) Your past work involved a lot of standing/walking, lifting, bending and physical exertion.

5)  You have been advised to have back surgery because of a severe spinal impairment.

6)  You had back surgery in the past which failed.

7)  You are severely limited in your activities of daily living:  shopping, cleaning, meal preparation, driving, and the other things we all do everyday.

8)  There is current medical treatment and you are compliant with your doctor's recommendations.

9)  Your treating doctor is willing to assist you by completing a Treating Source Statement, which is a special form specifying your exact limitations in such functioning as sitting, standing, walking, bending, lifting, etc.  This form does NOT require a special examination.  It provides the doctor's professional opinion as to how limited your ability to function is.

Ultimately, Social Security decision makers have to translate your medical evidence into vocational restrictions.  What kind of work can you still do?  Are you able to meet the requirements of any of your past jobs?  Can you perform any other jobs available in the national economy (especially pertinent for claimants under age 50).

Generally, if Social Security feels that there is some work you can do on a full-time basis, they will deny the claim.  If your symptoms are so severe and so persistent that there is no full-time work that you can do, there is a good chance of approval.

Some things will NOT be considered in a disability claim:

• Nobody will hire me, or I can't find a job.
• I can't live on minimum wage.
• I would not be interested in that type of work.
• There are none of those jobs in my local community.
• I don't have the skills to get a job.

None of these things are disability issues.  I would describe them more as employment problems. 

My office will be glad to look at any potential disability claim and evaluate it based on current Social Security regulations.  If we agree to represent you, there is no fee unless you are successful in recovering back pay.