Is Herniated Disc A Permanent Disability
A severe herniated disc can be considered a disability and make you eligible for Social Security disability benefits if it meets the requirements in the Social Security Administrations Blue Book.
The Blue Book is the official listing of all of the conditions that qualify a person to receive disability benefits.
Each listing in the Blue Book also contains a set of requirements that a person must meet in order to qualify for benefits because of that condition.
A herniated disc by itself is not usually enough to qualify for disability benefits unless it is expected to make a person unable to work for at least 12 months and it meets the criteria that are listed in the Blue Book.
According to the Blue Book in order to qualify disability benefits a herniated disc must meet one of these three conditions:
- results in the compromise of a nerve root or the spinal cord, such as
- causes distributed pain, limits spinal motion, and/or causes motor loss due to the atrophying of unused muscles,
- causes sensory or reflex loss and limits motion in the legs measured with a positive straight-leg raising test
If your herniated disc has caused one of those conditions and you have medical documentation like X-rays or MRIs to prove it then you can qualify for Social Security disability benefits due to a herniated disc.
Disability Claim Limitations And Denials
Since herniated or bulging discs are common causes of debilitating back pain, insurance companies may include exclusions for back pain, severely limit long-term benefits, or may wrongfully deny benefits.
You may qualify for long-term disability benefits either because of your back pain or because of an underlying condition which causes back pain. For example, an autoimmune disorder that causes back pain may qualify you for disability benefits.
Insurers know youre in pain and may deny your claim hoping you wont fight the denial. They may also engage the services of an insurance-paid doctor to report your pain is not serious or is due to normal aging.
Reduced Functional Capacity From Herniated Disc
Assuming you can’t qualify under the above impairment listing, you might be able to qualify because your herniated disc has reduced your functional capacity. The SSA will evaluate your doctor’s notes on your functional limitations and restrictions, as well as your reports of pain, to determine if your back problems rise to the level of a disability that prevents you from working. The SSA will give you a rating of the type of work it thinks you can do based on your doctors’ restrictions. This is called your residual functional capacity . If the SSA determines there are no jobs you can be expected to do with your RFC, there’s a chance you could qualify for disability benefits under a medical-vocational allowance.
The most common doctors’ restrictions for herniated disc are no lifting heavy objects and limited bending over. If you are limited to lifting 25 pounds or less, you’ll receive a light RFC. If you are limited to lifting 50 pounds or less occasionally, you’ll receive a medium RFC. If you’ve had surgery for herniated disc, you’re likely to have restrictions of occasional bending and lifting no more than 50 pounds occasionally and 25 pounds frequently — a medium RFC.
Why Your Herniated Disc Disability May Have Been Denied
Herniated discs occur when the softened center of a spinal disc pushes through a crack in its casing. This disorder, which occurs in over 3 million Americans per year, can range in severity from unnoticeable to cripplingly painful. Unfortunately, this variance can make it difficult to get disability benefits, especially upon initial application.
If your herniated disc disability application was denied, it is important to stay vigilant. Continue below to learn why your case may have been denied and how you can get started on the next step in the process.
Contact Gillette Law Group
With the pain you suffer and the restrictions in your life, you should not have to bear this condition alone. Social security disability benefits may be available to you as a great relief. For your best chances of successfully claiming these benefits, let the Gillette Law Group help you. Our team is highly experienced in claims like yours, and we have effectively assisted numerous people, whether initial applicants or previously-denied claimants.
Dont wait to claim what you may deserve. Talk to us in a consultation thats absolutely free. Call 873-2604 today.
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Va Disability Rating For Degenerative Disc Disease
Military service can place an incredible amount of stress on the body. Whether from the physical rigors of combat, from the psychosomatic effects of stress and anxiety on the body, or from other factors, many soldiers can leave their time in the military with a wide range of physical problems. For many Veterans, one of the most persistent and painful service-related issues is back pain.
Veterans often suffer from back and spinal pain after discharge, and these issues can last for decades. Some develop degenerative disc disease , a painful and lifelong condition that can be significantly debilitating. Veterans with DDD often suffer from significantly reduced mobility, which can make it extremely difficult to work and function in everyday life. Many Veterans with degenerative disc disease are rendered immobile by the condition, and it can be very hard for Veterans with this disability to find jobs that they can physically endure. Thus, DDD can often put a significant financial strain on disabled Veteran and their family.
What Is The Medical
For applicants with a herniated or bulging disc that does not cause nerve compression, the SSA offers a medical-vocational allowance if functional limitations involve the inability to lift over 15 pounds, crouch or bend. The SSA also takes the age and education level of the applicant into consideration when determining if they are eligible for a medical-vocational allowance and disability benefits.
Unable To Work Due To Herniated Disc: Can I Get Disability
Herniated disc, or herniated nucleus pulposis , is a fairly common reason that people apply for Social Security disability benefits. A herniated disc occurs when the inner part of an intervertebral disc pushes through a weakened part of the disc. Specifically, a tear in the outer ring of the disc allows the central portion to bulge out, which can place pressure on nearby nerves. Herniated disc usually affects people in their thirties and forties and is often caused by wear and tear from years of doing heavy or improper lifting, bending or twisting, or extended periods of sitting. Herniated disc is also known as a slipped disc, prolapsed disc, ruptured disc, or bulging disc.
What If I Have Degenerative Disc Disease
If you suffer from a herniated or bulging disc due to degenerative disc disease, you might be wondering if there is help for you and your problem. How to cure degenerative disc disease naturally? Unfortunately, there is no cure for time and normal use, which is the cause of this disease.
You can, however, use all the secrets below, especially Secret #9, to help you manage your disease, find ways to relieve your pain, and learn how to avoid bulging or herniated discs as much as possible.
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Back Conditions That Are More Likely To Get Approved
Some back conditions are more likely to get approved than others. This is often because they can be documented more easily on “medically acceptable imaging” or with some other objective means like sensory or reflex tests. The following are back conditions that are fairly easy to prove and that will satisfy the SSA’s official disability listing for back problems, meaning they’ll automatically qualify for benefits.
Arachnoiditis. This is an extremely painful condition caused by inflammation of the membrane that surrounds and protects the spinal cord. Symptoms often differ among sufferers but include pain, weakness, painful electrical sensations in the legs, and the loss of bowel and bladder function.
Spinal stenosis. This is caused by the narrowing of the spinal column that then puts pressure on the spinal cord and can cause pain, numbness, and weakness. Severe spinal stenosis in the cervical spine can even lead to bowel and bladder incontinence.
Nerve root compression. This can be caused when a bulging or herniated disc, spinal fracture, or arthritis puts direct pressure on a nerve. Severe nerve root compression can lead to pain, weakness, numbness, and eventually muscle wasting.
Whether you have one of the above conditions or plain old degenerative disc disease, the more evidence you can provide about your limitations, the better your chances for getting approved. If you’ve had spinal surgery, see Nolo’s article on disability benfits after spinal fusion.
A Variety Of Symptoms Can Support A Va Disability Rating For A Bulging Disc
The spine includes bones called vertebrae that are separated and cushioned by discs. These discs are not made from bones, but rather have a fibrous ring that protects a rubbery nucleus. The purpose of the discs is to provide flexibility in the spine so you can bend front-to-back, lean side-to-side, and twist. The discs also act as shock absorbers between the vertebrae, so they do not grind against one another. Its easy to see how you could have back pain from discs bulging or moving around.
A bulging disc, also called a prolapsed disc, occurs when the fibrous ring loses its structural integrity and becomes deformed. A bulging disc is caused by the deterioration of the fibrous ring due to age, injury, or overuse. Specifically, the discs dry up and harden as we age. Loss of back flexibility among older people is often caused, at least partly, by the hardening of spinal discs. This loss of cushioning can make discs prone to deforming when you lift, twist, or bend.
Occasionally, discs will bulge without any symptoms.However, there is not much space in the spine for the discs to deform. As aresult, most bulging discs will push into the spinal canal.
In addition to nerve pain, a bulging disc can also cause muscle spasms, muscle weakness, or loss of muscle control. For example, incontinence or difficulty walking can result from a bulging disc that presses on nerves running to the bladder or legs, respectively.
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How To Prove Your Herniated Disc Should Qualify For Disability Benefits
There is no doubt that a herniated disc can cause severe, debilitating pain. But to qualify for SSD, you must prove your herniated disc pains bad enough to force you to stop working. you must meet the Social Security Administrations evidence requirements. While the SSAs website clearly lists these requirements, knowing how to interpret them is a different story. To qualify for Social Security disability benefits, you must prove your herniated disc causes both these problems:
Can I Win Disability By Meeting An Impairment Listing With An Ruptured Disc
There is a group of Listings which pertain to the Musculoskeletal System.; There are particular Listings that apply to Disorders of the Spine. There are several types of spinal disorders. One example contained in the listing itself refers to herniated nucleus pulposus more commonly referred to as a herniated disc. Other common back disorders that fall within the Spinal Disorder listing include ruptured discs, bulging discs, slipped discs, degenerative disc disease , and spinal stenosis, to name a few.
An Impairment Listing is a useful tool that many Disability Attorneys fail to properly utilize. Nonetheless, you can win Disability with a Herniated or ruptured Disc by meeting a Spinal Disorder Impairment Listing. If your condition is severe enough to meet the rigid requirements of a Listed Impairment, SSA will presume that you cannot perform any work. Consequently, if you meet the requirements of the listing, you win. If you dont meet the requirements of the particular listing, you simply go on to the next step. Even if you dont meet a listing, however, we have other ways of winning disability with a herniated or ruptured disc.
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Is Your Injury Severe
Qualifying to obtain SSDI benefits requires your injury to meet the severe injury definition as defined by the SSA. In other words, your injury must be expected to last at least twelve months or to result in death. If your herniated disc is severe enough to meet this definition, you may qualify to obtain benefits.
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Do I Need An Attorney For My Disability Case
The SSA system is intricate and confusing. This is especially true for those who have never been part of an SSDI claim before. Meeting the requirements established by the SSA requires knowledge and expertise. A mistake in your claim can set you up for failure.
Keep in mind that the SSA receives hundreds of thousands of claims every year; the chances of all those claims being approved are minimal at best. A skilled disability lawyer can help you successfully apply for SSDI benefits in Arkansas by guiding you through the qualifying process. Additionally, an attorney can help you during the denied disability benefits appeals process in the event your claim is denied.
Qualifying For Disability Due To Degenerative Disc Disease
The Social Security Administration gets many applications for disability based on degenerative disc disease, and most of them get denied, unless other physical or mental problems are alleged as well. Degenerative disc disease by itself is not recognized as a listed disability by the Social Security Administration . Why? For one reason, the pain caused by disc degeneration is usually intermittent, and often goes away after a few months of conservative treatment.
In addition, for back problems to automatically qualify for disability, the SSA requires that a person have severe issues such as needing assistance walking, needing to significantly adjust their position more than every two hours, or experiencing specific nerve-related problems. For more information on the SSA’s requirements for back claims in general, see Nolo’s article on getting disability benefits for back problems.
So How Can I Get Rid Of Disc Pain And Disc Problems
Glad you asked. The answer to this question will depend on how much pain your herniated disc is causing you and how far the disc has herniated into the area surrounding the spine.
No one wants to be in pain, but no one wants surgery either. The good news here is that most people dont need surgery for a herniated disc, they just need to know the 9 little secrets for getting rid of disc pain.
Does Chronic Back Pain Qualify You For Cpp Disability
Chronic back pain is linked to many debilitating conditions such as scoliosis, bulging, slipped or ruptured disc, osteoarthritis, and sciatica and is the leading cause of disability globally. Chronic back pain can range from mild to throbbing aches that can be recurring, constant, or can worsen after exercise or sitting/standing for too long.
While having chronic back pain alone does not qualify you for CPP Disability, you may be eligible if the pain is considered severe or prolonged enough to prevent you from working.
Some of the back pain conditions that qualify for disability are:
- Degenerative disc
- Ankylosing spondylitis
- Spinal stenosis
This section breaks down some of the most common back pain conditions that qualify for CPP Disability.
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Increasing Your Va Disability Rating For A Bulging Disc
A fair VA disability rating for a service-connecteddisability should account for all the health problems suffered. There arevarious ways that the VA can rate a disability like a bulging disc too low. Oneway is by misapplying the rating criteria. As mentioned above, disc problemsare rated on both the general spine scale and the IVDS scale. If the VA failsto rate your disability on one of the scales, you may miss out on a higher VAdisability rating.
Moreover, if you have multiple deteriorated discs, you maybe able to obtain a VA disability rating for each disc. Specifically, if youhave a bulging or herniated disc in your lumbar spine region and a bulging or herniateddisc in your cervical spine region, you are entitled to a separate rating foreach. However, be aware that these VA disability percentages for a bulging discare subject to VAmath. This means that a 30% rating for a lumbar disc and a 30% rating for acervical disc will not result in 60% disability. Rather, according to the VAscalculations, you would be entitled to 50% disability for two 30% ratings.