Facts about Spina Bifida and Filing for Disability
These selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits.
Facts about the condition
1. Spina bifida is a birth defect that involves the neural tube, which is the part of the embryo that eventually develops into the brain and spinal cord. With spina bifida the neural tube does not close properly, leading to problems with the spinal cord and bones in the spine. 2. Cases of spina bifida disability range from mild to severe, in three times.
3. Spina bifida occulta is mild, with a small separation or gap between bones in the spina. Only one or several vertebrae may be involved.
4. Those with spina bifida occulta may never have any symptoms and the condition may only be discovered if some type of imaging test, such as an x-ray, is performed, usually for another reason.
5. Signs of spina bifida occulta may include physical markers such as a patch of hair, fat deposit, dimple or birth mark over the affected part of the spine.
6. Meningocele is a a rare form of spina bifida. Meningocele occurs when there is a separation between vertebrae and the membranes that protect the spinal cord push through the opening.
7. In meningocele, surgery removes the membranes with little to no damage to nerves, and the spinal cord otherwise develops normally.
8. Myelomeningocele is the most severe of all types of spina bifida. Myelomeningocele is also called open spina bifida, because the spinal canal does not close at all at one point of the middle or lower back. The membranes and spinal cord stick out, sometimes covered by skin but not usually. Exposed tissues and nerves create the potential for infection.
9. Myelomeningocele is commonly what is referred to when people use the general term of spina bifida. This type of spina bifida typically causes paralysis, problems with bowel and bladder control and seizures.
10. Some studies have shown that folic acid supplements before and during pregnancy can reduce the risk of spina bifida by 75 percent, supporting claims that folic acid deficiency is linked to spina bifida.
Qualifying 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 and treatment notes that 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 also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy.
In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.
Qualifying for SSD or SSI benefits 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. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work.
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?
There are several reasons but here are just two:
1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge.
Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level.
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. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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Curved Spinal Conditions and Filing for Disability
Scoliosis and Filing for Disability
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