What If Your Claim Is Denied
You have done all the paperwork and have gathered all the evidence you can. But when you receive the decision a few weeks later, you are denied your disability benefits for back pain. This puts you in a very difficult situation.
Getting denied is a tough pill to swallow, and I know that I have seen it many times before with clients. Suppose you dont get the right type of evidence for your disability claim. In that case, the insurance companies will deny your disability claim for these technical reasons, even if they know you are disabled.
Recent Changes To The Musculoskeletal Listings
Effective April 2, 2021, SSA changed its rules for people with musculoskeletal back disorders, including degenerative disc disease. If your new disability claim for degenerative disc disease is filed on or after April 2, or your claim is still pending approval as of April 2, 2021, the new rules will apply to you. All previously approved claims will remain under the past rules.
Its vital to understand the new listing for degenerative disc disease, so the information that you provide in your claim to SSA is correct.
Under the new SSA listing, degenerative disc disease is categorized under 1.15, Disorders of the skeletal spine resulting in compromise of a nerve root. The medical criteria that must be met are now different from the old SSA listing, which was 1.04 Disorder of the spine.
SSA now classifies degenerative disc as an infirmity of the skeletal spine that results in compromise of a nerve root. SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as:
- Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms
- Diagnostic imaging tests
Similar deteriorating spinal impairments that impinge on or irritate a nerve root include:
- herniated disc
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What To Do If You Degenerative Disc Disease Claim Is Denied
A majority of Social Security disability benefits applications are denied the first time around. With so many claims being filed on a daily basis, many of those claims do not have enough supporting documentation for the SSA to make a decision on the case.
A denial is not a stopping point for the claim, rather it leads to the next steps in the process.If your disability benefits claim is denied, you have 60 days to appeal the decision.
You must file a request for reconsideration, which essentially means that you submit the application again in hopes that another representative from the Social Security Administration will take a different approach and approve the claim.
Since time has passed between when you initially submitted your application and when you were denied, there could be new information that casts your claim in a more favorable light. This is your chance to include all new information, including new diagnoses, updates on your diagnosis, responses to treatment, new medications and new test results.
The appeal process is also an opportunity to review the original application to make sure that you have provided as much medical documentation as possible, along with contact information for your physicians, test results and any other pertinent information like the Residual Function Capacity Form.
The appeal process can be very stressful and challenging, so you might consider working with a Social Security disability lawyer to help you through the process.
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How To Win Disability Benefits For Neck And Cervical Disorders
Applying for disability benefits from the CPP or insurance companies is a long and difficult process. There are also challenges that are unique to claims due to neck and cervical disorders. That is why it is crucial to recognize the nature of your condition and the way benefits providers think.
1. Provide objective evidence and medical test results
In order to diagnose your neck and cervical disease, your doctor will take a look at your medical history. You can help your physician with this by keeping your own journal that details the occurrence and type of neck pains that you experience along with other symptoms that might be related to your condition. Take note that your own records are not enough to prove that you have a history of the disease. This data should be reflected in your doctors medical records to be admissible as evidence in a benefits claim.
It should also be backed up by medical test results. The following are common tests used to diagnose neck and cervical conditions. Your doctor would advise which of these should be performed for a conclusive diagnosis.
2. Credibility of the claimant is very important
3. The claimant should show that he or she has followed all medical recommendations
How To Apply For Disability Benefits
Tests will show the severity of your condition and support your claim. The key to a successful claim is supplying documentation that supports your diagnosis, your symptoms, your treatments, side effects, limitations, and restrictions.
You can use several different approaches to start the claims process. If you prefer to start the claims process in person, you can visit your nearest SSA office and sit down one-on-one with a SSA employee. You can call toll-free 1-800-772-1213 to start the claims process over the phone or you can visit the SSA website to start the filing process.
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Signs & Symptoms Of Lumbar Degenerative Disc Disease
The symptoms of lumbar disk disease vary depending on where the disk has herniated, and what nerve root it is pushing on. The following are the most common symptoms of lumbar disk disease. However, each individual may experience different symptoms. Symptoms may include:
- Intermittent or continuous back pain. This may be made worse by movement, coughing, sneezing, or standing for long periods of time.
- Spasm of the back muscles
- Pain that starts near the back or buttock and travels down the leg to the calf or into the foot.
- Muscle weakness in the legs
- Numbness in the leg or foot
- Changes in bladder or bowel function
Types Of Disability Benefits For Back Pain
You may qualify for disability benefits for back problems if you become unable to work. You can get benefits from the government, your employer, or an insurance company.
This list covers the options for disability benefits in Canada:
Lets go over each, so you know whether you qualify, how to apply, and how to appeal if they deny your claim.
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Have You Been Denied Long
If you been denied long-term disability please call us toll-free at , or local in the Hamilton/Toronto area at . Matt Lalande is highly experienced with disability law and is recovered millions in wrongfully denied disability benefits for claimants all over Ontario. We have been practicing disability law since 2003, and we are ready to help answer your questions today.
Treatments For Degenerative Disc Disease
When treating degenerative disc disease, goals for treatment include a combination of pain control, exercise and rehabilitation, and lifestyle modifications. When controlling pain, instability and inflammation should be addressed as these are the main causes of pain.
For many patients, surgery is not necessary as there are many other approaches including medication and self-care. A trial and error approach may be used to find which treatments work best for each particular patient.
With regards to exercise and rehabilitation, the goals are to heal the back and prevent pain from reoccurring. It is best to consult a physical therapist or any other trained healthcare professional to pick the exercise and rehabilitation plan that best suits your specific needs.
Lastly, lifestyle modification refers to helping a patient develop a healthier lifestyle. This can include avoiding nicotine, limiting ones alcohol intake, drinking lots of water, and stretching to help cope with their lower back pain.
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Understanding Degenerative Disc Disease
Degenerative disc disease is a medical condition that occurs when the discs in a persons spine get damaged over time. This can cause substantial pain, as well as numbness, tingling, and weakness in the extremities. It most often affects people in their 30s or 40s who are otherwise healthy and active.
The spine is composed of a number of parts. The discs act as shock absorbers between the bones of the spine. Their purpose is to resist force and provide the back with flexibility.
Spinal discs are composed of two parts: a tough outer layer and a soft, jellylike core . These discs have a very low blood supply. As a result, if a disc is injured, it cannot repair itself.
Disc degeneration has a number of possible causes, including age-related wear and tear. In addition, disc degeneration disease may be caused by:
- The disc drying out over time
- Daily activities and sports
- Injuries that can cause swelling, soreness, and instability
A person with disc degeneration disease may experience a range of symptoms, include:
- Pain that is worse when sitting
- Pain that is worse when bending, lifting or twisting
- Periods of severe pain that come and go
- Pain in the low back, buttocks, and thighs, or the neck, radiating to the arms and hands
- Numbness and tingling in the extremities
- Weakness in the leg muscles or foot drop
- Feeling better when walking or running as opposed to sitting or standing
- Feeling better after changing positions frequently or laying down
Tips For Ssdi Application For Degenerative Disc Disease
What Is Degenerative Disc Disease
Degenerative disc disease is a term used to describe what happens when the intervertebral discs become dehydrated and shrink, a part of the natural aging process. Without the cushioning effect of the discs between the vertebrae, and sometimes in conjunction with deterioration from osteoarthritis, patients can suffer localized pain, inflammation, and back spasms in the area of disc degeneration. The pain is usually intermittent and is treated with pain medications, ice, and intermittent heat. Some patients suffering from DDD have trouble sitting or standing for prolonged periods of time, or lifting and bending, and this can make it difficult to work many jobs.
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.
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How To Apply For Disability Based On Ddd
If you’re applying for Social Security disability insurance , you can file your whole claim online on Social Security’s website. If you’re not comfortable online, you can call Social Security at 800-772-1213 to start your claim. Most individuals filing for SSI only cannot file the entire application online, but they can get started on Social Security’s website. For more information, see our article on applying for Social Security disability benefits.
Getting Help With Your Degenerative Disc Disease Ssd Application
Since degenerative disc disease can qualify for SSD benefits in several ways, you must work cooperatively with your doctor to ensure your documentation satisfies one procedural review requirements for eligibility. Doing so will help decrease your wait for a determination on eligibility and could increase your chances of receiving SSD benefits as well.
Additionally, as receiving a quick and favorable decision on your eligibility is your goal, youll want to consider the benefits of working with a Social Security advocate or disability attorney to complete your initial application and collect the appropriate documentation for supporting your claim.
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What Is Cervical Disk Disease
Degenerative Disc Disease Can affect everyone differently. A common way that someone can experience degenerative disc disease is in the neck. This might be known as Cervical Disc Disease. Cervical degenerative disc disease is commonly a cause of neck pain that can extend into the shoulders and down the arm.
Cervical disc disease is similar to other forms of degenerative disc disease in that it is caused by an aging of the protective flexible discs between the vertebrae in the spine. There is not one cause of degenerative disc disease, however there are a few contributing factors. Genetics often determine how prone one is to cervical disc disease. Injury as well as being overweight can also increase your predisposition to degenerative disc disease.
Almost everyone will experience some sort of degradation of the spine in their lifetime. That is completely normal. However not all experience pain. Degeneration of the spine often wont become an issue until an individual is above 50. At this point in life, it might be difficult to learn a new skill if you are physically unable which is why it is important to learn more about how the disability application process might change.
Tip : Stick With One Doctor
Try to be seen by the same physician on an ongoing basis. By doing this, you can hopefully develop a relationship with a doctor who, in turn, may be more attentive and responsive to your condition.
The simple truth is, most doctors see an incredible number of patients and, as human nature would dictate, tend to be more responsive to the ones they are more familiar with. By seeing one physician more frequently, as opposed to several physicians infrequently, you may end up with better records as well as a more sympathetic doctor. And the advantage to this may be realized when the time comes to ask your doctor for a statement supporting your disability case. I have personally spoken with dozens of physicians who said they were unable to complete a statement supporting a claimants Social Security case because they had not seen the claimant enough times, or any time recently.
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Degenerative Disc Disease Lawyer In Atlanta: Filing Your Ssd Claim
If you or a loved one are suffering from degenerative disc disease that prevents you from working, and you have beendenied SSD benefits, an AtlantaSocial Security disability attorney fromour firm may be able to help you obtain your benefits. We have worked for over 40 years to assistdisabled Americans receive benefits from the government and large insurance companies that haddenied their claims previously. We are very experienced and knowledgeable about how to get results.
Contact Mk Disability Lawyers For Experienced Advocacy In Your Ltd Dispute For Degenerative Disc Disease
At MK Disability Lawyers, we do our best to take on the stress of dealing with our clients long-term disability disputes, so they dont have to. For clients suffering from degenerative disc disease, we are sensitive to their individual needs and will accommodate them to the best of our ability. If you have had a long-term disability claim denied or terminated, we can help. To arrange a complimentary consultation with one of our experienced disability lawyers, please complete the online form, or call us at 844-697-4600.
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Social Security And Degenerative Disc Disease
Degenerative disc disease is one of the most commoncauses of neck and back pain. At some time in their lifetime, the average American will develop degenerative disc disease. While many people who have evidence of degenerative disc disease have minor pain complaints, a significant number of patients experience severe, chronic pain.
Degenerative disc disease is most often diagnosed through a combination of radiographic studies and a physical examination. In a Social Security claim, the presence of severe degenerative changes on an x-ray or MRI can be very important. These studies provide support and explanation for a Social Security claimant’s symptoms.
Treatment for degenerative disc disease may include physical therapy, medications, injection therapy, or surgery. However, some people continue to experience disabling pain even with extensive treatment.
Due to low back and neck pain, along with other related symptoms, it can be difficult to continue working with degenerative disc disease. Some people need to lie down or recline frequently. Others are incapacitated by pain, or suffer from severe fatigue. If you cannot maintain full-time employment, due to low back and neck pain, you may qualify for Social Security Disability or SSI benefits.