Disability Tax Credit For Chronic Pain
The Canadian Government have devised income support schemes like CPP Disability benefits and Disability tax Credits to help people suffering from chronic pain issues by providing supplementary income, however getting approved for these benefits is not that straight forward.
While health professionals in Canada disagree on the exact point at which acute pain becomes chronic, the general consensus is that any pain lasting more than 12 weeks can be considered so. The causes of chronic pain can be elusive though known sources include back injury, arthritis, , fibromyalgia, carpal tunnel syndrome and many forms of cancer in their advanced stages. The government of Canada is dedicated to helping you live a comfortable, pain-free life through the Disability Tax Credit for Chronic Pain.
People dealing with this type of pain often become depressed and sedentary which can create additional problems that make the formulation of an effective treatment regimen problematic.
Sciatica And Long Term Disability Insurance Claims
Patients with sciatica may be unable to work because of their disease and its related complications. Patients who find themselves unable to work because of their sciatica may qualify for long term disability benefits. The insurance company will review their claim to see if they qualify under the conditions of that plan.
Symptoms Of Chronic Pain
- Persistent mild to severe pain
- Stabbing, shooting or burning pain
- Stiffness, muscle tightness and chronic discomfort
In addition to depression, sufferers experience a host of other side effects that can make even the simplest daily activity a challenge. These additional side effects include:
- Fear, anxiety and a sense of despair
- Weakened immune system
- Mood swings
As the above list suggests the emotional toll of this condition is often considerable and can actually make the pain worse. Feelings of depression, fear and hopelessness can create complex interactions between mind and body which must be addressed in concert with the underlying condition.
Work With An Experienced Long Term Disability Attorney
The Ortiz Law Firm has successfully represented people in disability cases across the United States. If you would like to talk to an experienced disability lawyer about your sciatica and its impact on your ability to work, call us at 321-8131. We would be happy to evaluate your case and to discuss how to help you through the appeal process.
Sometimes Its Just As Important To Know What Not To Do As It Is To Know What To Do When You Have Sciatica Avoiding These Will Cut Your Risk Of Sciatica Symptoms
Sciatica pain often comes on when a bone spur or herniated disc compresses a spinal nerve root in your lower back, causing excruciating discomfort in your back, leg, and butt. If you are living with sciatica, you may be trying everything to stop your pain: physical therapy, epidural injections, and various medications. But did you know there are some common, everyday things that can really aggravate your condition?
Here’s what not to do when you have sciatica.
Here is what you shouldnt you be doing if you are experiencing the pain that sciatica causes.
What Are Your Goals For This Surgery
Making a decision about sciatica surgery when you are in a lot of pain can be tough. Be sure to discuss with your surgeon the post-surgery goals, especially those around pain and activity. Are you expecting to go back to work and the gym in a week? Are you hoping the pain will be gone entirely and for good?
Although most people experience up to 90 percent improvement in their pain levels after a sciatica surgery, no doctor can guarantee this. Numbness may still be present after the surgery, and there is always a chance of sciatica coming back at another vertebra.
Depending on the type of sciatica surgery, most people are walking the next day, and full recovery typically takes two to four weeks. Minimally invasive surgery usually means faster recovery, but if the surgery involves more than one vertebra or disc, your back may take longer to heal.
Qualifying For Benefits Under A Disability Listing
Chronic pain is not a listed impairment in Social Security’s blue book, the listing of impairments that may automatically qualify you for disability benefits. There are some diagnoses that are often related to chronic pain, however, including:
But for the most part, chronic pain sufferers must try to qualify for benefits through the “residual functional capacity,” or “RFC,” assessment.
Activities Of Daily Living
You need to fairly assess your daily chores and determine if you can no longer perform some of these or if they take longer to complete than normal. Is your social schedule the same or has the pain kept you housebound and away from friends and relatives? Has your pain changed your psychological state? Do you now have troubling moods or depression that has alienated friends, neighbors, and relatives? Does the pain stop you from thinking clearly or remembering details? Any of these problems could have a direct effect on your ability to maintain any full-time job you might qualify for.
SSA may also contact your friends and relatives and ask them specific questions about your normal activities and if your pain is noticeable to them. The examiner may turn to one of their medical consultants for another opinion of the case. Unfortunately, these consultants will only examine available records to reach their conclusions. Many facts may escape them because you would not be interviewed.
It’s Difficult To Qualify For Disability Benefits Based On Sciatica Unless You Have Problems Standing Walking Stooping Climbing And/or Sitting
Sciatica describes the pain caused by irritation of the sciatic nerve. It can cause shooting pain through the buttocks that frequently travels down one or both legs . Sciatica is usually caused by problems in the back or spine, such as herniated disks, spinal stenosis, piriformis syndrome, bone spurs, spondylolithesis, tumors, or trauma.
Most of the time, sciatica can be treated effectively and the symptoms resolved. Less frequently, the sciatic nerve roots are compressed, causing weakness and loss of feeling in the affected leg, and even bowel and urinary incontinence. This is called “lumbar radiculopathy.”
Treatment for sciatica includes physical therapy, anti-inflammatory medication, steroid injections, and, in severe cases like cauda equina syndrome , surgery.
Secret #2: Chiropractic Massage
There is no doubt that massage therapy has multiple benefits, and for those with sciatica, the pain relief from chiropractic massage can be nothing short of magical.
Under the direction of the chiropractor, the massage therapist will address tight muscles, making them relax and become more flexible. This relieves pressure on the sciatic nerve. Massage also reduces stress, lowers inflammation, and reduces pain by stimulating the release of the bodys own natural painkillers, known as endorphins.
Chiropractic massage is often recommended for the relief of pain symptoms such as burning sensations in the leg or throbbing pains in the feet. Your chiropractor might suggest a trigger point massage, which is a special type of massage designed to release muscle knots, known as trigger points, for the relief of sciatica pain.
Deep tissue massage is one of the recommended non-invasive treatment options that can provide substantial relief. When used in conjunction with chiropractic care, it can be a great way to get rid of sciatica pain fast.
Imagine receiving substantial pain relief from a chiropractic massage that uses no drugs, no injections, and no steroids.
Avoid Certain Exercise Machines
For instance, rowing machines increase the strain on your lower back, especially if your core muscles are weak or not adequately warmed up, says Dr. Singh. Also dont go on the elliptical trainer at high resistance or high incline, avoid higher impact running on the treadmill , and bikes such as the Peloton bike , says Ai Mukai, MD, a board-certified physical medicine and rehabilitation physician at Texas Orthopedics in Austin, Texas. The Peloton bike can be okay for some people but the flexion forward and possible twisting while on it can aggravate sciatica, Dr. Mukai says.
What to do instead: Lower-impact aerobic machines and activities are fine and can even help sciatica, says Dr. Mukai. A recumbent bike is okay, too. But for a recumbent bike, I usually recommend a towel roll to support the lumbar curve, she adds. Its fine to walk, not run, on your treadmill. But dont power through if you are in pain. I would say sciatica pain or nerve pain is not a good pain like sore muscles that people should power through, Dr. Mukai says. When a nerve is getting irritated by an activity and you are getting increased nerve pain and/or numbness or weakness, you should stop that activity.
Va Rating For Sciatica: How To File A Va Claim For Sciatica
In this post, we will explore the VA rating for Sciatica as well as how to file a VA claim for Sciatica.
Back injuries and various musculoskeletalinjuries, which can lead to Sciatica, or severe radiating pain, are quite commonfor military veterans and when they are severe, they can make life nearlyimpossible.
Sciatica is the pain that one experienceswhen the sciatic nerve is irritated.
Sciatica is not an actual diagnosis of aproblem, but rather, an accurate way of describing the location of the pain.
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Why You Should Talk To A Disability Attorney
Back pain can be incredibly debilitating and may even prevent you from being able to earn a living to support yourself and your family. However, in order to qualify for Social Security disability, you’ll need to meet the Social Security Administration’s strict standards. Because the SSA receives so many disability applications for back pain, however, it may deny your claim even if you do have a medically determinable condition.
It’s important that you work with an experienced Social Security disability attorney, like those at Coats & Todd, to make sure that your claim is not wrongfully denied. An attorney can also help you appeal your denied claim if you believe that there was an error. We encourage you to reach out to our firm today to learn more about how our attorneys can assist you in seeking disability for back pain or any compensable injury, illness, or condition.
If you have questions about your eligibility to receive disability for your back pain or related condition, contact Coats & Todd for a free case evaluation.
Communicating With Doctors During The Appeal Process
Claimants physicians often do not have time to respond to insurance company information requests, as they are busy treating patients and managing their medical practices. However, obtaining up-to-date medical records and reports from your treating doctor in support of your disability claim is a vital part of preparing the administrative appeal. We help our claimants explain to their doctors what definition of disability they need to meet and why supportive evidence from their treatment providers is so important to a successful appeal.
How Is Sciatica Affecting Your Quality Of Life
Sciatica pain may extend all the way from the lower back, through the back of your thigh, to your foot. The pain can come and go, sometimes lingering for days and even weeks. This may cause anything from mild discomfort to making the simplest tasks intolerable. Sitting could be painful with sciatica and driving even more so. Not to mention playing sports and being active.
As you contemplate surgery for sciatica, consider how much the pain affects your quality of life. If your work, hobbies, social life or relationships suffer from your being in constant pain, it may be time to think about surgery.
Although sciatica starts as nerve inflammation, it may eventually progress to nerve damage. If the sciatic nerve is damaged, it could result in numbness, tingling and, in more severe cases, weakness in the knees or legs. The longer it is left untreated, the longer it will take for numbness and weakness to go away, and they may become permanent.
Ssd Medical Qualifications For Back Pain
The SSA uses their own medical guide to evaluate disability benefits applications that they receive. This guide, known as the Blue Book, helps to determine whether or not an individual meets the criteria to be considered disabled and eligible for SSDI. There is no listing for back pain, but there are listings that apply to specific conditions that do cause back pain. There are several qualifying conditions that may cause debilitating back pain that can be found in the Blue Book.
As an example, degenerative disc disease does not have a specific listing, you have to have severe symptoms such as requiring assistance to walk, needing to adjust your position more than every two hours and suffer from nerve-specific problems. It may result in additional problems that may be found under a listing in the Blue Book.
Rheumatoid arthritis, however, does have a listing in the Blue Book that refers to ankylosing spondylitis, which involves a fixation of the spine of at least 45 degrees or if you ankylosing spondylitis or another form of spondyloarthropathy with a fixation of the spine of at least 30 degrees as well as moderate involvement of two or more bodily systems.
Many back pain problems can be classified under Section 1.04, which deals with spine disorders. If you can prove that your particular back pain meets the equivalent for spinal disorders, you would meet the requirements set forth in the medical guide.
This particular listing includes:
Employment Insurance Sickness Benefits
EI sickness benefits are a temporary disability benefit paid through the federal governments employment insurance program. It pays 55% of your salary for 15 weeks.
To qualify, you must have paid into the EI program recently. You pay through deductions from your paycheque. The deductions are automatic. So, if you got an official paycheque, then you paid into the EI program.
You apply for EI benefits online through Service Canada, from home or at any Service Canada office. You also need to have your doctor fill out a form that confirms your inability to work for 15 weeks. Finally, your employer will need to issue a Record of Employment to verify your sick leave.
Note: If you collect short-term disability, you cant claim EI benefits simultaneously.
Southern Cross Medical Library
The purpose of the Southern Cross Medical Library is to provide information of a general nature to help you better understand certain medical conditions. Always seek specific medical advice for treatment appropriate to you. This information is not intended to relate specifically to insurance or healthcare services provided by Southern Cross. For more articles go to the Medical Library index page.
There Are Some Exceptions
While sciatica is treatable for many people, there are some people who do not recover from sciatica pain. Instead, they suffer permanent problems such as loss of movement or incontinence because of nerve damage. For those who are unable to work because of a permanent disability, Social Security disability may be a viable option.
If you believe that you should qualify for Social Security disability based on your sciatica pain or a related complication, it is important to talk to an experienced Social Security disability lawyer before making a claim. Your lawyer can review your rights with you and make sure that your application is as strong and accurate as possible so that you can get the benefits you deserve. To learn more, please start a free live chat with us now.
What Is ‘medically Determinable’ Back Pain
The first thing you need to know about qualifying for disability based on back pain is that the Social Security Administration does not typically grant benefits to those with mild, moderate, or intermittent back pain. Despite the fact that the SSA receives millions of applications for back pain-more applications for any other type of illness or injury, in fact-it only grants benefits to individuals with ‘medically determinable’ back impairments. This means that, in order to qualify for Social Security disability benefits, you’ll need to show that you have an impairment that can be detected and affirmed by a medical professional.
The Social Security Administration has a section on ‘Disorders of the Spine’ in its Listing of Impairments, which is typically used to determine whether back pain is compensable.
In order to be considered a ‘disability,’ your back pain must involve, among others, one of the following:
- Herniated discs
- Difficulty walking
- Chronic pain associated with compression of the lumbar spine
This list is not exhaustive; you may be required to meet additional criteria in order to qualify for disability for your back pain or spinal condition.
Does Sciatica Qualify For Social Security Disability Benefits
Sciatica refers to pain caused by a pinched sciatic nerve. This nerve extends from the spine, down the hips and through the legs. People with sciatica often have pain in these areas that is made worse by sitting or standing.
The sciatic nerve can be pinched for several reasons, including injury to the discs that insulate the spinal cord, damage or growths on the surrounding vertebrae, disease, or even tumors. Usually, sciatica heals on its own with time. Depending on the cause of the pinched nerve, however, sciatica may need to be treated with physical therapy, medication, steroid injections or surgery. Sometimes, there is no cure for the constant pain.
If you are affected by sciatica, it may be difficult or even impossible for you to continue working. If this is the case, you may consider applying for Social Security disability benefits.
Should I Rest If I Have Sciatica
Some rest and change in your activities and activity level may be needed. However, too much rest, bed rest, and physical inactivity can make your pain worse and slow the healing process. Its important to maintain as much activity as possible to keep muscles flexible and strong.
Before beginning your own exercise program, see your healthcare provider or spine specialist first to get a proper diagnosis. This healthcare professional will refer you to the proper physical therapist or other trained exercise or body mechanics specialist to devise an exercise and muscle strengthening program thats best for you.
Secret #1: Physical Therapy Modalities & Physical Rehabilitation
One of the great things about physical therapy is that you will learn exercises and stretches to strengthen your muscles to not only stop sciatica pain but to prevent a recurrence.
Physical therapy and chiropractic go hand in hand, which is why most chiropractors offer physical therapy modalities in their clinics.
There are a variety of options that a physical therapist might choose to treat your sciatica, including active treatments, such as stretching, strength training, yoga, and core strengthening exercise programs, or passive therapies, such as ultrasound or chiropractic massage.
Depending on the cause of your sciatica, your physical therapist might suggest less intense exercises and treatment plans, such as walking, swimming, water aerobics, or joint mobility.
Your chiropractor can use multiple physical therapy modalities that work in combination with chiropractic care to treat your pain, find the root cause, and make a treatment plan that works for you, so you can get back on your feet again without the pain of sciatica. In fact, one study found that patients with sciatica who received physical therapy as joint mobility and exercise experienced more meaningful improvement than those who didnt.
If you have sciatica nerve pain while pregnant, seeing a chiropractor along with a physical therapist is even more important.
What Is The Va Disability Rating For Sciatica
VA disability ratings for Sciatica fall under one of the following codes from eCFR, Title 38, Part 4, Schedule for Rating Disabilities:
Code 8520:Paralysis of the sciatic nerve. Complete paralysis: If the foot drops , all the muscles in the leg belowthe knee do not work at all, and the knee has serious trouble bending , it is rated 80%. Incomplete, severeparalysis is rated 60%. Incomplete, moderately severe paralysis is rated 40%.Incomplete, moderate paralysis is rated 20%. Incomplete, mild paralysis israted 10%.
Code 8620:Neuritis of the sciatic nerve. If the condition causes severe symptoms, it israted 60%. If it causes moderately severe symptoms, it is rated 40%. If itcauses moderate symptoms, it is rated 20%. Mild symptoms are rated 10%.
Code 8720:Neuralgia of the sciatic nerve . Neuralgia cannot be rated higherthan moderate, even if it is considered severe. If the condition is moderate,it is rated 20%. If it is mild, it is rated 10%.
If you are suffering from total paralysis,it can cause all the muscles below the leg and knee to stop working altogether.
If this is the case, a rating of 80percent is assigned.
When one is suffering from severe butpartial paralysis of the sciatic nerve, a 60% rating will be given.
Partial paralysis can result in poor bloodcirculation, limited functionality as well as atrophy of the muscles.
The rating for incomplete paralysis isgiven based on how severe, moderately severe or extremely severe a conditionis.
How Can Cck Help You With Your Long
You have the right to appeal a denial of your LTD benefits, but you do not need to go through that process alone. Our experienced ERISA or LTD attorneys at Chisholm Chisholm & Kilpatrick will navigate the appeal process for you, so you can focus on your health. Our comprehensive approach to preparing and filing your appeal includes:
Do You Need Help Determining Your Nerve Ratings
It can be hard distinguishing between the three categories and degrees of severity to understand your nerve ratings. If you need help claiming benefits for sciatic nerve issues, you believe you received an unfairly low rating, or your claim was denied, were here to help.
Here at Woods and Woods VA Disability Lawyers, weve been helping veterans gain the VA rating they deserve for years and we have the skill and experience to help you gain the support you need.
Am I Eligible For Disability With Sciatica
What is sciatica? Sciatica is a symptom that consists of pain caused by irritation of the sciatic nerve. You might feel weakness, numbness, or a burning or tingling sensation down your leg, possibly even in your toes. Sciatica might be a symptom of a pinched nerve affecting one or more of the lower spinal nerves.
What Causes Sciatic Nerve Compression?
Several spinal disorders can cause spinal nerve compression and sciatica or lumbar radiculopathy. The 6 most common are:
- a bulging or herniated disc
- lumbar spinal stenosis
- piriformis syndrome
- spinal tumors
Although it may be difficult to qualify for disability benefits with sciatica alone, most times the sciatica is caused by a condition listed above and an application is filed due to a combination of several conditions. In addition, claimants will want to document their pain and any other limitations caused by these back injuries when applying for benefits.
You may qualify for disability benefits if you are not performing substantial gainful activity and if the impairment prevents you from doing your past relevant work or other work that exists in significant numbers in the national economy.
Diagnostic Imaging Helps But Credibility Is Key
The most common reason that long-term disability claims for back problems get denied is lack of objective evidence of disability. However, you can seek out diagnostic imaging to prove the disorder. This evidence alone isnt enough to win disability benefits, but it is valuable for your case. It can help show your pain is legitimate.
Make sure to tell the doctor about your problems and pain in detail. Then, they will choose an imaging technique that fits and analyze the results for a diagnosis.
The most common imaging techniques are X-rays, CT scans, and MRI scans. X-rays can check for instability in the structure of the bones to find issues such as spinal fractures. CT scans are more detailed than x-rays. They can image specific conditions such as spinal stenosis or a bulging disc.
MRI scans are used to assess details of the disc and nerve root. They allow doctors to identify disorders like degenerative disc disease, bulging discs, and spinal stenosis. An important note about MRI results is that there is no accepted link between back pain and what can be seen on an MRI. This is where credibility becomes very important.
One of the best ways to build credibility is to try a variety of treatments for your back pain. You will have a much better chance of getting disability benefits for back problems if you work with professionals who can back up your claims.
Credibility killers:
Credibility boosters: