How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
Applying for disability with Degenerative Disc Disease, Spinal Stenosis, Arachnoiditis
Filing for disability with degenerative disc disease
If you are applying for Social Security Disability on the basis of back pain, you will need to have medical evidence. Social Security Disability examiners prefer to have a 12 month medical history of treatment to make their disability determinations and this fact illustrates how important it is to be receiving medical treatment while trying to qualify for disability. This treatment must be provided by an approved medical source. For example: physician, psychiatrist, psychologist, physical therapist, or other medical professional.
Note: For individuals applying on the basis of a back problem, Social Security does not recognize a chiropractor as an acceptable medical source other than using their imaging (x-rays).
If you are planning to file for disability, you should have your own treating physician if possible. If you do not have medical records or all of your medical records are more than ninety days old, it is likely that Social Security will send you to a consultative examination. Consultative examinations are performed by doctors who are paid by Social Security to perform a very cursory examination that provides them with the current status of an individual’s impairment. You should not consider this examination as any kind of treatment or even a thorough evaluation of your disabling condition.
The Disorders of the Spine listing
Social Security uses the criteria established in impairment listing 1.04 Disorders of the Spine of the blue book (guidebook for Social Security Disability determinations) to evaluate disability claims with an allegation of back pain or problems. For example, if you have osteoarthritis, herniated nucleus pulposus (ruptured disc), spinal stenosis, degenerative disc disease, facet arthritis, spinal arachnoiditis, or vertebral fracture, this listing will be used to make your medical determination for Social Security Disability.
You must have a disorder of the spine that results in a compromise of the nerve root or spinal cord, along with one of the following:
1. Nerve root compression evidenced by neuro-anatomic distribution of pain, range of motion limitation of the spine, motor loss with muscle weakness with sensory or reflex loss. If the lower back is involved positive straight leg rising (you have pain with raising of the leg) in the sitting position or lying down; Or
2. Spinal arachoiditis, verified by an operative note, or pathology report of tissue biopsy, or by medically acceptable imaging. Demonstrated by severe burning or painful dysesthesia, resulting in the need to change position or posture more than one time every two hours; Or
3. Lumbar spinal stenosis resulting in pseudoclaudication, evidenced by findings of medically acceptable imaging, manifested by chronic nonradicular pain and weakness, that results in an inability to ambulate effectively (i.e. use of prescribed cane, crutches, or even wheelchair).
It was my experience as a Social Security Disability examiner that the disability rules and guidelines made it difficult to be approved on the basis of back conditions. This was especially true if the disability applicant was under the age of 50, because disability vocational guidelines favor older individuals. Considering the impairment listing criteria listed above it is easy to see why most disability applicants with back problems are not able to meet or equal the criteria of an impairment listing 1.04.
If you cannot meet or equal the listing, you still may be approved through a medical vocational allowance. This type of allowance is based upon several factors rather than the strict criteria of an impairment listing. Disability examiners are allowed to consider a person’s education, job skills, age, and residual functional ability (what a person can do in spite of the limitations their impairment imposes upon them).
More about Degenerative disc disease
Degenerative disc disease (DDD) is a painful condition most often caused by strenuous or repetitive heavy lifting or an injury such as a car accident, sports injury or serious fall that can affect the spine. The strain of lifting or injury can cause tears and trauma to the discs that separate the vertebrae in the spinal column, making them lose their elasticity and ability to flex, bend and protect the vertebrae and the spine.
Degenerative disc disease also happens normally in a gradual progression due to age and a loss of fluid in the discs, but does not usually cause a problem in this capacity. When Degenerative disc disease is caused by heavy lifting or injury it is more prominent and painful due to disc inflammation and subsequent nerve pain.
Degenerative disc disease is characterized by low back pain and sometimes neck pain that can spread to other parts of the body such as the thighs, buttocks and hips. It may be accompanied by tingling, numbness and weakness in the arms or legs and can lead to other more serious issues such as a herniated disc, spinal stenosis and osteoarthritis. If you have lower back or neck pain, it is highly suggested that you get an exam to make sure it is not a serious issue. Degenerative disc disease can sometimes be diagnosed with a physical examination, although sometimes an X-ray is needed to determine the problem.
Contrary to the name, Degenerative disc disease is not actually a progressive disease, but a condition that normally happens slowly with age, unless an injury is sustained. Since Degenerative disc disease is more often an injury related condition and not a disease, it is most often treated with a combination of chiropractic work, physical therapy, anti-inflammatory drugs such as over-the-counter pain medications or in some cases prescription pain relievers, or spinal injections. If these treatments do not work and the pain is chronic and severe, accompanied by nerve damage, spinal fusion surgery may be needed.
Currently there are many new treatments options being explored for Degenerative disc disease, from disc replacement and stem cell therapies to gene therapy and glucosamine injections.
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Social Security Disability SSI and Degenerative Disc Disease
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These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?