Do you have a back injury that limits your ability to work and need to know if you qualify for disability? The good news is, yes, you can get disability benefits for back problems that qualify as chronic and meet the Social Security Administration (SSA) Blue Book criteria.
However, mild or intermittent back pain typically doesn’t qualify for Social Security Disability Insurance (SSDI) benefits. You need extensive and detailed medical documentation to prove severe back pain.
Having an experienced disability lawyer represent your claim gives you a greater chance of getting disability benefits for back problems.
The U.S. Government Accountability Office (GAO) found that claimants with representatives, such as a disability attorney, were allowed benefits at a rate of almost three times higher than those without representatives.
Schedule a free consultation to start on your disability claim today.
What Back Problems Qualify for Disability?
To qualify for SSDI benefits, you need a viable diagnosis and thorough medical documentation demonstrating your condition prevents you from working. The SSA will evaluate whether your back condition causes limited mobility, chronic pain, loss of sensation or reflexes, or a loss of motor function. Many back conditions qualify for SSDI benefits.
The SSA categorizes these musculoskeletal conditions into three primary types:
- Radiculopathy: Nerve root compression from when there is a pinched nerve in the spinal column. These conditions include bulging or herniated discs, bone spurs, spinal injuries, and ossification of spinal ligaments.
- Spinal Arachnoiditis: Inflammation of the membranes around the spinal cord commonly caused by car accidents, infections, and complications with spinal surgery. It can cause chronic back pain, balance problems, incontinence, and hearing and vision issues.
- Spinal Stenosis: Common in the neck and lower back, occurs when the spaces within the spine decrease, increasing pressure on the spinal nerves. Osteoarthritis, scoliosis, spinal cord tumors, and spinal fractures due to inflammation can cause spinal stenosis.
This list is not exhaustive.
Speak to a Social Security disability attorney about whether your back condition qualifies for disability and how to proceed with filing. They can assist with ensuring proper medical documentation to secure disability benefits for your claim.
What If You Don’t Meet an SSA Blue Book Listing?
If you don’t meet a specific listing in the SSA Blue Book, you may still qualify for cash benefits through a medical-vocational allowance. Your treating physician or a medical professional should fill out a residual functional capacity (RFC) form for you to apply for a medical-vocational allowance.
The form indicates functional limitations, such as:
- Difficulty with bending, lifting, and reaching overhead
- Struggling to climb stairs
- Pain with extending sitting periods
- Trouble getting in and out of chairs
- Reduced productivity due to pain and discomfort
- Needing to lie down during the day
- Inability to stand for more than a couple of hours
Your doctor should also document pain management, notating medications you take, including the dosage, frequency, and how they affect you, such as whether they cause drowsiness or dizziness.
Professions that require you to drive or operate heavy machinery will prohibit your ability to perform them with such side effects.
The SSA will evaluate your skills and search for transferrable opportunities in other areas of employment.
However, if you don’t possess transferrable skills that qualify you for a job accommodating your back problems and your condition is expected to last a year minimum, Disability Determination Services (DDS) may allow your disability.
A qualified disability lawyer can guide your process and ensure proper medical documentation, accurate form completion, and filing of said forms within appropriate deadlines.
How a Disability Lawyer Can Help
An experienced Social Security disability lawyer can significantly increase your chances of getting disability benefits for back problems. They will ensure your claim is meticulously detailed before filing it with the SSA to maximize your chances of approval.
A disability attorney can benefit your disability claim through:
- Contingency Fee Arrangements: Most disability lawyers work for contingency, so you don’t have to pay anything out-of-pocket or upfront. Contingency fee arrangements allow anyone to retain an attorney to represent their claim, giving them better approval odds. It also stipulates that your attorney will not get paid if your benefits are not approved. It’s important to have prospective lawyers clarify their fee structure. Contingent fees vary.
- Ensuring Proper Medical Documentation: Gathering medical evidence and ensuring correct documentation of your back problems are significant benefits of retaining a disability attorney. They do this daily and know precisely what the SSA wants to see for benefits approval. A Social Security lawyer will review your medical records, identify gaps in documentation, and request further tests, such as functional capacity evaluations, to provide a clear picture of your back problems and their impact on your everyday life.
- Securing Expert Witness Testimony: When SSDI claims are complex, disability lawyers may consult with experts to secure valuable testimony regarding the severity of your back problems and their impact on your daily life, including your ability to work. These experts include medical professionals, such as doctors, surgeons, physical therapists, and psychologists. Your attorney may also consult vocational experts for testimony about how your medical limitations prevent your ability to work.
- Preparing You for Hearings: To prepare you for a hearing with the Administrative Law Judge (ALJ), your disability lawyer will educate you on the process, answer any questions, and conduct mock hearings. These help you practice answering questions clearly and confidently about the severity of your back pain and the limitations it imposes on your daily life.
If your initial SSDI claim is denied, your disability lawyer will handle the appeals process, including filing paperwork and representing you at hearings.
The SSA reports a denied disability claim rate of 67 percent. An experienced Social Security lawyer can almost triple the odds of approval.
Contact a Disability Lawyer Now
Speak to an experienced Social Security lawyer about how you can get disability benefits for back problems. After learning the specifics of your condition and reviewing your medical documentation, they can best advise you on how to proceed. Schedule a free consultation to get started right away.
