Filing a Social Security Disability Application - How to File & the Information that is Needed by SSA
Do you need a Lawyer at the Administrative Law Judge Disability Hearing?
Social Security Disability Back pay and How Long it Takes to Qualify for it
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of benefits
If You Get Approved For SSDI Will You Also Get Medicare?
How much is paid for the Social Security Disability Attorney Fee?
How long does it take to be approved for SSI or Social Security disability?
How To Get Disability Through SSDI or SSI Approved
Should you get Help from a Disability Attorney before the Claim has been Denied?
Answers to questions about SSD and SSI disability
Qualifying for Disability - What is Social Security Looking for?
How do I check the status of my Social Security disability claim?
What Expenses Will A Social Security Attorney Charge In Addition To The Fee?
Facts about Scoliosis and Filing for Disability
How to prove you are disabled
and win disability benefits
1. Scoliosis is a condition that causes the spine to curve to one side. The literal meaning of the word scoliosis, which is derivative from Greek, is the word crooked. The spine may be curved in shape so it looks like an S or C. It may also be rotated.
2. Scoliosis can be either congenital, idiopathic, or neuromuscular. Congenital scoliosis occurs at birth, idiopathic describes an unknown cause, and neuromuscular involves another condition causing the spinal curvature as a side effect. Around 85 percent of scoliosis cases have no clear cause. 3. Those with scoliosis are likely to have family members who also have the condition, but it is unknown what genetic factors cause this familial link.
4. Scoliosis typically develops in adolescence, during the growth spurt before puberty. Scoliosis is about as common in males as females, although scoliosis in girls is more likely to progress and become worse.
5. Scoliosis causes the sides of the body to look uneven, particularly in the shoulders, waist and hip. Severe scoliosis can make the rib cage twist and cause damage to the heart and lungs, making breathing difficult.
6. Scoliosis is more painful for adults than it is in children, but it is not likely to progress. The greater the curve, the more likely the scoliosis is to get worse.
7. In most cases, treatment for scoliosis is unnecessary and regular checkups several times a year to watch the condition is enough. It is only if the curve becomes moderate or severe that treatment is usually considered.
8. A curve is more likely to progress if it is larger, shaped like an S, and located in the center of the spine. Any one of these factors are necessary to consider in deciding on treatment. Braces may be used to help prevent progression. The risk of progression is very low once the bones stop growing.
Can you qualify for disability benefits with this condition?
Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records. This includes whatever statements may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis).
It will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).
Why are so many disability cases lost at the disability application and reconsideration appeal levels?
Speaking as a former Disability Claims Examiner, I can state that there are several reasons:
1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant and his or her disability attorney will generally obtain and present this type of statement to a judge;
2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. At the hearing level, of course, this is exactly what happens. And a number of disability representatives will also take such steps even earlier, at the reconsideration appeal level;
3) Disability judges, unlike disability examiners who decides cases at the first two levels of the system, can make independent decisions without being overturned by immediate supervisors--which happens frequently.
Return to: Social Security Disability Resource Center, or read answers to Questions