Friday, April 26, 2024

Does Spinal Stenosis Qualify For Disability

Don't Miss

Work With An Experienced Attorney

Is Spinal Stenosis a basis for Social Security Disability Benefits?

If your disability claim has been wrongfully denied or terminated and youd like to speak to an experienced attorney about your degenerative condition and how it may be impacting your ability to work, call us at to schedule a free consultation to discuss your claim. We have represented claimants in claims with Cigna, Hartford, Lincoln, MetLife, Prudential, Reliance Standard, Unum, and a variety of other disability insurance companies. We can help you evaluate your disability claim to determine if you may be eligible for LTD or SSD benefits, how to move forward with the process, and how to increase your chance of being approved.

Treatments For Foraminal Stenosis

Mild cases of spinal stenosis can often be relieved by exercise and OTC medications. For the best results, you may want to try a formal physical therapy program, one prescribed by your doctor. In fact, some evidence indicates that physical therapy is as effective as surgery in relieving stenosis symptoms. Exercises such as pelvic tilts, bends and standing squats are particularly helpful at enhancing your flexibility and balance.

For some patients, aerobic exercise such as swimming and bicycling also relieves symptoms, although you may need to experiment to find what exercises work best for you.

NSAIDS such as ibuprofen and naproxen may well relieve your pain. In more extreme situations, your doctor may prescribe a stronger pain reliever such as an opiate. Of course, you must exercise great caution when taking these medications to avoid becoming reliant on them.

You may also benefit from injections such as corticosteroids, which work to reduce inflammation as well as pain. Sometimes physicians inject nerve blocks to stop the pain for an extended period of time.

Some patients find alternative treatments relieve their stenosis. For instance, chiropractic treatments to realign your spine and muscles may give you relief from stenosis symptoms. Acupuncture has also been cited by sufferers as being helpful for the condition.

Your surgeon may perform one or more of the following surgery types.

The Basics Of Spinal Stenosis And Its Causes

There is a canal that runs the length of your spine in which the spinal cord rests. Surrounding that canal are the vertebrae and spinal discs between the vertebrae. As we age, this canal narrows and the result can be pressure on the spinal cord and the nerves leading away from the spinal cord. Impingement on the nerves can cause pain, numbness, tingling and weakness throughout the lower back and lower extremities.

Some of the medical conditions that can influence or cause spinal stenosis are bulging or herniated discs, osteoarthritis, bone spurs, scoliosis, kyphosis or scar tissue. When one or more of these is present the normal curvature of the spine can be interrupted. Narrowing of the spinal canal combined with abnormal spine curvature can cause pain, numbness and tingling and diminish your capacity to work.

It is also possible to develop stenosis in the cervical spine , but this form is much less common. The most common basis for spinal stenosis disability benefits is osteoarthritis of the lumbar spine. It is particularly prevalent in the area of the L3, L4, L5 vertebrae and the upper sacrum. Whether the stenosis is in your neck or lower back, you may qualify to file a disability claim. If you need surgery, you will almost certainly be disabled for six months to a year and may require extensive physical therapy.

Don’t Miss: Can Child Support Be Taken From Va Disability

What Will The Insurance Company Focus On

The insurance company will focus on how long you can sit, stand, and walk given your injury. If you have a sedentary job, such as one which is primarily behind a desk in an office, the insurance company will want to determine whether you have the tolerance to sit at least 6 hours per day. Because of this, you need to make sure that your doctor assesses how many hours or minutes you can sit without changing positions, and how long you can sit during an 8-hour work day.

The same goes for how long you could stand and walk at one time, and the total that you can stand and walk in an 8-hour work day.

Using A Medical Vocational Allowance

If you have lumbar stenosis, you may be able to qualify for Social ...

If you dont meet the listing, you can qualify with a medical vocational allowance. As previously mentioned, this approach will require an RFC. The RFC may indicate that you cannot stand more than an hour without having to take a break.

You may not be able to walk more than 500 feet unassisted. Your condition may keep you from bending, reaching, or lifting.

The RFC should present a clear picture of what you can and cannot do with spinal stenosis. All your medical conditions, including spinal stenosis, will be considered. Your educational background, work history, transferrable skills, symptoms, medical conditions, treatments, side effects, and age will all be considered together to determine if you can do any kind of work to earn a living.

Age can especially help you if you are age 50 or older because it considered that it would be more difficult for you to learn a new job because of your job. With the help of a disability lawyer, you can make sure your documentation all gathered up for a successful disability claim.

The disability examiner will review the evidence and all details surrounding your claim and medical condition to determine if you would qualify for disability benefits. They must determine if you are unable to return to your job.

After that has been determined, they must determine what kind of work if there is any other kind of work that you are capable of doing any work. If it is determined that you cannot work at all, your claim will be approved.

Don’t Miss: Is Bipolar Type 2 Considered A Disability

What Are The Symptoms Of Spinal Stenosis

Pseudoclaudication is one of the most common symptoms of spinal stenosis. This is a situation where the nerves in the central portion of the spinal canal become irritated. When this happens, you may experience pain in one or both legs with weakness or numbness. The mechanics of standing bring on these symptoms. It gets to a point where the longer you stand, the worse it gets. At this point, sitting or leaning forward will relieve the numbness and pain. When these symptoms get so bad that it interferes with your ability to walk and work, you may be able to get disability from spinal stenosis automatically.

When Benefits Can I Claim With Spinal Stenosis

If you have spinal stenosis and it makes it impossible for you to work, you may be considered disabled by the SSA. If you win your claim, you are entitled to disability benefits.

The benefits that you are most likely to receive because of your spinal stenosis is Social Security Disability Insurance .

In order to qualify for SSDI benefits, your disability such as spinal stenosis needs to match the requirements listed by the SSA in the Blue Book.

You also need to meet the amount of work credits in order to qualify. Work credits are calculated by how old you are and how long you have worked.

Those are who are entitled to SSDI benefits are people who at one point could work, but now are unable to work because of their disability.

An individual can earn up to 4 credits for each year that you worked. SSDI benefits are based on an individuals disability, so you do not need to worry about income that you or your spouse receive as it is not a needs based program.

If you get disability benefits with spinal stenosis, you are also entitled to Medicare. Medicare is the federal health insurance program for individuals under the age of 65 with a disability and for those over the age of 65.

Individuals automatically get Medicare Part A and Part B after you get disability benefits from Social Security for 24 months.

Recommended Reading: Do You Get Back Pay For Va Disability

Types Of Spinal Stenosis That Qualify For Disability

Spinal stenosis can occur in the cervical and lumbar areas of the spine. Lumbar stenosis commonly causes “neurogenic claudication,” or “pseudoclaudication,” which refers to leg pain and weakness, and often difficulty walking, caused by compression of the spinal nerves.

“Foraminal stenosis” is a specific type of spinal stenosis where the “foramina” get smaller, causing the nerves passing through to get pinched. Stenosis or “encroachment of a foramen” can be caused by any of the following:

  • deterioration of the spine
  • enlargement of the facet joints
  • arthritic changes to the facet joints ,or
  • the growth of bone spurs, which are in turn caused by osteoarthritis .

Severe cases of lumbar stenosis can progress to affect the “cauda equina” nerves . Stenosis can compress the cauda equina, causing muscle weakness and pain or cramping extending from the buttocks down through the leg that may affect your ability to stand or walk. It can also cause bladder and bowel issues.

Social Security does have an official listing for lumbar spinal stenosis in its listing of impairments. If you meet the requirements in the stenosis listing, you can automatically qualify for disability benefits.

What Can I Expect

Your Eligibility For Short And Long-Term Disability Benefits For Spinal Stenosis

There is a range of symptoms that you might experience when you have lumbar spinal stenosis, and they all might affect your ability to work differently.

Lumbar spinal stenosis can be found in the Musculoskeletal system section of the Social Security Administrations Blue Book. This manual lists a variety of conditions, as well as the requirements needed to qualify for benefits under these conditions.

According to the Blue Book, here are some signs that your lumbar spinal stenosis might help you qualify for disability benefits:

Lumbar spinal stenosis sometimes causes pseudo claudication, which is pain in your legs caused by compression of your nerve roots. If you experience pseudo claudication that makes it difficult to walk or move around, you will be considered for benefits from the SSA.

Chronic pain, numbness, or weakness in your legs could make tasks like walking or driving very difficult. You may need to use a cane, walker, or wheelchair to get around. Some people require assistance getting in or out of a car. If you have difficulty with mobility issues, you may be eligible for financial aid.

If you require surgery as a result of lumbar spinal stenosis, and you have difficulty recovering from surgery or worsening symptoms after surgery, you may qualify for disability benefits.

If your doctor puts you on medications for lumbar spinal stenosis, you may experience some side effects that may affect your quality of life.

Also Check: Is Epilepsy Classed As A Disability

Treatment For Spinal Stenosis

Spinal stenosis is treatable in many cases, but it can take some time to figure out the best plan of action for each individual. Because not everyone with spinal stenosis even experiences symptoms right away, some doctors might choose to just monitor the situation rather than jumping to a course of treatment. This might also be the case for people who are only experiencing mild symptoms.

Another course of treatment to relieve mild to moderate pain is to take over-the-counter pain relievers, such as aspirin and acetaminophen. These types of medicines should only be used over the course of a short time, though, and they wont have any kind of long-term benefits.

Some types of antidepressants, such as amitriptyline, can ease chronic pain. And some types of anti-seizure drugs are sometimes useful in easing pain caused by nerve damage. Finally, for medications, opioids can sometimes be used for people experiencing severe pain if theyre only used in the short term. Long-term use is not advisable because of the risk of opioid dependence.

Physical therapy is another type of treatment, and it can actually have long-term positive outcomes in some patients. In these types of physical therapy sessions, the therapist will teach the patient exercises to strengthen and stretch certain areas of the body, which can actually alleviate symptoms in the long-term.

Symptoms Of Foraminal Stenosis

Stenosis can be tricky to detect. You can have stenosis of the spine but not suffer from any symptoms, at least at first. When symptoms do start, they may include:

  • Pain in the spine and extremities,
  • Muscle weakness

Your symptoms may be relatively mild and never worsen or eventually become so severe that you are unable to complete routine duties, walk or even care for yourself.

Also Check: How Long Does Social Security Disability Review Take

Facts About Spinal Stenosis

Spinal stenosis, despite being a common issue, isnt very well known. Most people assume that back pain is merely a part of aging, but spinal stenosis goes beyond that. It can markedly restrict a persons ability to provide for them. Luckily, Canada has disability tax credit, which helps those that are markedly restricted by financial issues. This is quite beneficial, given how common spinal stenosis can be. It is surprising how little most people know about a disease that afflicts so many. Here are some quick facts about spinal stenosis:

  • Spinal stenosis is usually caused by ageSpinal stenosis is usually caused by the wear and tear that occurs over time in everyones spines. This wear and tear forces your spine to narrow and more pressure to be put upon your nerves and spinal cord, which can cause extreme pain.
  • Injuries can cause spinal stenosisCertain injuries can cause spinal stenosis. No matter what age you are, there is a chance you will experience spinal stenosis.
  • Spinal stenosis can be inheritedIf you are experiencing chronic back pain, talk to your doctor about the possibility of inheriting a small spinal canal or scoliosis.
  • Too much fluoride in the bodyTalk to your doctor if you think you have spinal stenosis, and see if you have too much fluoride in your body.
  • Calcium deposits along the spineCalcium deposits are another common cause of spinal stenosis and can be eliminated with proper treatment.

What About Lumbar Spinal Stenosis

Disability for Spinal Stenosis: Social Security Benefits and SSI ...

Lumbar spinal stenosis is another form of stenosis that might qualify for Long Term Disability insurance and Social Security Disability benefits if the claimant cannot work as a result of the resulting symptoms and limitations. Cervical and lumbar stenosis are both disorders of the spine, but the associated symptoms and limitations vary somewhat. If you have lumbar spinal stenosis, we encourage you to read our article, Lumbar Spinal Stenosis Long Term Disability Claims.

Also Check: Can Va Disability Be Garnished From A Creditor

Contact Gillette Law Group

Dont let this discourage you. It is not easy to have your life restricted by the pain you are experiencing, and you may truly deserve assistance. You have a great chance to succeed in your application if you let us at Gillette Law Firm help you. We are experienced and proven effective in Social Security disability applications, both initial claims and appeals.

Lets get started on your claim. Your consultation with us is free, so call us today at 873-2604.

If You Are Able To Walk Without Assistance You Will Not Qualify For Ssdi Automatically

Instead, Social Security will conduct a Residual Functioning Capacity assessment to evaluate how spinal stenosis affects your capacity to perform your job and daily activities. Social Security will review your imaging tests and doctors records, particularly their notes on your functional limitations, to decide if your spinal stenosis prevents you from working. Social Security will also consider your age, level of education, and work skills. If you are older than 55 with few transferable work skills and less education, your chances for being approved are greater. If you are suffering from cervical spinal stenosis, Social Security will evaluate your impairment in the same way.

Don’t Miss: Can You Get Student Loans While On Disability

How The Blue Book Can Help With Spinal Stenosis Ssd Claim

The Social Security Administration has the responsibility of determining which individuals should be awarded disability benefits. With such a wide number of illnesses and injuries that could potentially keep someone out of work, this is not a simple task.

The SSA created a medical guide called the Blue Book to help standardize the way in which disability benefits are doled out.

The Blue Book, also referred to as the Listing of Impairments, contains various physical and mental conditions that might qualify an individual for Social Security Disability Insurance benefits.

What Activities Should Be Avoided With Spinal Stenosis

I suffer from lumbar spinal stenosis, can I apply for Social Security Disability Benefits?

3 Spinal Stenosis Exercises To Avoid

  • Avoid stretching in a standing position and extension stretches. …
  • Instead, try stretching while laying down. …
  • Avoid doing free weights. …
  • Instead, try using a weight machine. …
  • Avoid running and similar high-impact exercises. …
  • Instead, try swimming, cycling, or an elliptical machine.

Recommended Reading: How Do You Get Full Disability

Bryant Legal Group: Helping People With Spinal Stenosis Get The Benefits They Deserve

At Bryant Legal Group, our practice focuses on disability insurance law. Weve fought for disabled professionals across Chicago and Illinois and have earned a reputation for our practical approach, sophisticated tactics, and stellar client experience. Weve recovered millions in benefits for our clients, and wed love to learn more about your story.

To schedule your free consultation, call us at 312-561-3010 or complete our online form.

What Your Medical Records Should Include

When you apply, notes from a detailed physical exam with your doctor should be in your medical records, including the results of testing your reflexes and muscle strength. Your doctor should also note any limitations you have, such as whether you need a walker, cane, or other “assistive device” and how long you can sit without changing position.

These limitations and functional restrictions will be helpful when Social Security assesses your residual functional capacity . If you are able to walk and get around without the assistance of assistive devices or people, you won’t qualify for benefits automatically under the above listing, but Social Security will give you an RFC and use it to determine if there are any jobs you can do. Similarly, if you have cervical stenosis, Social Security will not use the above listing, but will instead evaluate your RFC.

Your medical records should also include the medications you are taking, any negative side effects, and the treatments you have had, such as physical therapy, spinal decompression, or steroid injections. You should also have the results of an MRI or CT scan supporting a diagnosis of stenosis.

Also Check: What Percent Of The Us Population Has A Disability

More articles

Popular Articles