Many people wonder if scoliosis is a disability. The answer is yes – if it prevents you from being able to work and otherwise live life as you normally would. Let’s take a closer look together at what scoliosis is, and how those who have it may qualify for benefits.
What is Scoliosis?
If you or a loved one struggle with scoliosis, you likely already know that it is a condition that results in an abnormal curvature of the spine into an ‘S’ or ‘C’ shape. It often develops and is diagnosed in childhood and adolescence. Initially, the condition can appear mild but can progress with time. What you may not know is that if you struggle with this condition, you are far from alone. Scoliosis affects 2-3% of the population in the United States. That’s approximately six and nine million people.
If scoliosis is severe enough, it can be disabling in several ways. It can cause an individual to lean to the left or the right. It can also reduce the amount of space within the chest, which could make it difficult for the lungs to function properly.
What Types of Benefits Are Available?
For those who have scoliosis that is severe enough to be disabling, there may be a variety of options available for disability benefits, including benefits from the Social Security Administration and disability benefits through private insurers.
Social Security Benefits
The Social Security Administration provides two types of disability benefits, and your circumstances will determine which may apply. These benefits include Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.
SSDI benefits are typically available to individuals who are “insured”—that is, they worked a qualifying job for a sufficient length of time and paid a portion of their salary into the Social Security system. To receive SSI benefits, an individual does not need to be “insured” but must have income and resources below a certain threshold established by the Social Security Administration.
To receive either type of benefit, you’ll need to be able to establish, through sufficient medical proof, that you have a qualifying medical condition that has rendered you disabled and unable to work for a period of at least one continuous calendar year or more.
Typically, to determine if a condition is a qualifying disability, the Social Security Administration will consult its Listing of Impairments, also known as the “Blue Book.” This guide lists various medical conditions that qualify for disability benefits and their accompanying symptoms. Fortunately for those suffering from scoliosis, it is a condition included in the Blue Book.
Private Disability Benefits
In addition to the disability benefits provided by the Social Security Administration, some individuals may also qualify to receive benefits through disability policies provided by private insurers. These policies may be purchased by an individual personally or provided by an employer. Typically, to receive benefits, an individual must be able to establish that their condition has rendered them disabled for more than simply a few months – that is, they have a condition that is not expected to resolve quickly. However, particular time spans and conditions may vary by policy. As a result, if you hold one of these private policies, consulting with an attorney regarding your condition and what you might be eligible to receive will be essential.
How Much Will You Receive?
Regardless of whether you receive privately funded disability benefits or benefits from the Social Security Administration, you likely want to know how much you might receive. That’s an understandable question to ask. Ultimately, the amount you receive will depend upon a variety of factors.
Insofar as SSDI benefits are concerned, the amount of benefits paid each month will generally depend upon the recipient’s prior salary and earning history, including how much he or she paid into the system. Regarding SSI benefits, individuals usually receive a standard amount called the “federal benefit rate,” from which any “earned income” is subtracted.
The amount paid each month for private disability benefits often depends on various factors particular to the policy itself.
Ultimately, ensuring that you retain an attorney who knows and understands the law and who can help you fully pursue your rights is essential regardless of the type of benefit you qualify for. At Liner Legal, we’re here for you.
Call Liner Legal Today
If you have scoliosis or any other disabling condition, you deserve to spend time caring for yourself and enjoying life with those you love. The last thing you need are legal worries and stress over how to pursue the benefits you need and deserve. Instead, you can trust your claim to the knowledgeable and experienced attorneys at Liner Legal. When you do, you can rest assured that your case is in good hands. We’ll always pursue the best legal strategies on your behalf and fight to help you fully assert your rights under the law. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.
