Though Chronic Back Pain Can Impact A Persons Work Life Applying For Social Security Disability Income With A Diagnosis Of Herniated Disk Poses Some Challenges
Most cases of herniated disk resolve within a year or are repaired by surgery. In order to be eligible for SSDI, an injury or illness must last, or be expected to last 12 months. Social Security allows 90 120 days to recover from back surgery. Additionally, your condition must be so severe it meets the requirements of an impairment as listed by Social Security, or because of your age, education and job skills combined with functional limitations, you can no longer do any job. Functional limitations refer to what tasks an applicant can or cannot perform; for example, the amount of weight you can lift, how long you are able to stand or sit, and your ability to bend, stoop, reach or grasp and object.
In order to qualify for disability benefits, you must be able to provide medical evidence that you have one of the following:
- ;;Nerve root compression; or
- ;;Stenosis ; or
- ;;Arachnoiditis .
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.
Collect Evidence Against The Employer
The quantity and the quality of the evidence that you collect against the employer for your case will determine the amount of settlement offer. If you have multiple high-quality pieces of evidence, you will get a better settlement offer. Such evidence will help your lawyer build a strong case for you and force the defense to pay a higher settlement offer.
Collecting evidence in the case of an injury that occurred due to an accident is simple. However, the back injuries that are caused due to exertion typically have no solid evidence. In such cases, you need to present proof that the employer forced you to deliver work even in cases where he/she knew that you were uncomfortable.
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How To Apply For Disability Tax Credit For Herniated Disc
To apply, our experts will assist you in filling out form T2201 where you will need to get your medical practitioner to complete this form. This will ask your doctor to describe how you are impaired by your disability. It is important to be descriptive in this section as a patient can be affected in a variety of ways by Herniated Disc.
Disability Tax Credit Consultants at DCC can help to +claim this tax credit and collect up to $40,000 in disability tax credits.
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Appealing A Denial Of Benefits
Many people who apply for disability based on a bulging or herniated disc get denied on the first application and need to appeal to get a hearing in front of an administrative law judge. Even then, only about 45% of claimants win their hearings. Your chances of winning at a hearing are increased if you’re represented by a disability lawyer: Lawyers know a lot of strategies for winning disability claims and can make sure that you get a fair chance in front of a judge. For information on being represented, including how lawyer fees work for disability cases, see our section on being represented by a disability lawyer.
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What Happens If My Condition Worsens Over Time
If left untreated, a herniated disc can get worse over time. Potentially leading to more permanent damage to your spine and nervous system. Because a herniated disc can get worse, this can impact your social security benefits in a couple of ways. If you have not yet applied, continuing to work can put extra strain on your back making it difficult to recover. Even if you are able to work now, if the condition is getting worse, there will be a point where you are unable to continue doing your job. If this is the case for you, consider getting started with the application process immediately.
A worsening condition can also affect you if you have already applied for disability benefits. It is important to know that you are able to apply for disability benefits multiple times. Therefore if you have been denied previously, that does not mean that you cannot apply again. One of the most common reasons for denial is that you were not able to prove that your condition made it impossible to make a living at the time. This could be due to lack of medical evidence, or that you were unable to meet the blue book listings. As the condition changes, that means that you will have the opportunity to gather new medical evidence. Be sure to keep track of all doctors diagnosis as well as any predictions about the progression of your back injury.
Treatment Mainly Involves Rest Medications And Physical Therapy
Rest reduces swelling and gives the body time to heal. Over-the-counter medications relieve pain and inflammation, and muscle relaxants can ease back spasms. Physical therapy relieves symptoms through a combination of stretching, exercise, massage, ultrasound therapy and electrical muscle stimulation. If symptoms fail to improve, or worsen, a doctor may recommend steroid injections. Surgery is not usually necessary, but if previous treatment is not successful and symptoms become worse, particularly if a patient is having trouble walking and standing or cant control bladder function, it may be advised.
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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.
How Average Weekly Wage Determines Workers Comp Settlement Value For A Herniated Disc
Awards in workers comp are payable per the workers average weekly wage. The max rate of awards on a case equals two-thirds of the workers average weekly wage, subject to a maximum amount set by law. Importantly, the rate of pay determines the insurance carriers future exposure on a claim. As such, the carrier will always look at average weekly wage when valuing a workers comp settlement for a herniated disc.
Average weekly wage can be set using the workers payroll for the year prior to the accident. It can also be set in the case using other evidence, such as the workers tax returns, pay stubs, or W-2s. A worker should always seek to have average weekly wage set as high as possible in his or her case. The parties negotiating a workers comp settlement for a herniated disc will consider average weekly wage.
Loss of Wage Earning Capacity
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If Your Disc Is Pressing On A Nerve And Making Walking Difficult Or Prevents You From Stooping Or Bending You Might Be Able To Get Social Security Disability Benefits
By Bethany K. Laurence, Attorney
A bulging disc or herniated disc is the result of pressure upon an intervertebral disc that results in a protrusion from the disc. Some doctors say that a bulging disc is different than a herniated disc because it hasn’t ruptured. Both bulging and herniated discs can be the result of injury, wear and tear upon the spine from natural aging, or degenerative disc disease.
Individuals with herniated or bulging discs often suffer from debilitating pain in the back and hips, either temporarily or chronically. In severe cases, a bulging disc or herniated disc can cause muscle weakness, loss of reflexes, and numbness and tingling.
Treatment For A Herniated Disc
If you have a herniated disc, there are treatment options available for you in order to relieve the pain from the herniated disc. You should seek these treatments prior to getting surgery in order to repair the herniated disc.
The first thing that is recommended for treating a herniated disc is ice and heath therapy in order for pain relief. You can also take over the counter Non-steroidal anti-inflammatory drugs such as ibuprofen in order to treat a herniated disc.
There are other medications you can take in order to help relieve the pain of a herniated disc, such as narcotic pain medications, oral steroids and epidural injections in order to decrease the inflammation for pain relief for a herniated disc.
If medicine still does not seem to have much effect for helping to relieve the pain of a herniated disc, you may want to seek help from physical therapy. Physical therapists can help tailor stretches and exercise to help relieve pressure on the root of the herniated disc.
If you have gone through all the available options and your herniated disc is still severe enough that you are unable to work, you may want to apply for Social Security disability benefits.
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Criteria For Getting Social Security For A Bulging Disc
In order to receive Social Security Disability approval for a bulging or herniated disc there are specific criteria that you must meet.
First as with any Social Security Disability Case in order to be considered disabled by Social Security, you must be able to prove that you have a disease or health problem that is severe enough to keep you from working for at least 12 months. If you can prove that your bulging disc prevents you from being able to work and that the disability will last for at least 12 months you may be entitled to Social Security Disability benefits.
Degenerative disc disease, herniated nucleus pulpous, vertebral fracture are included in the SSAs Blue Book List of medical conditions that may qualify for Social Security Disability Benefits. However, just being diagnosed with a Bulging Disc will not, in and of itself, qualify you for Social Security Disability benefits unless you can also prove that the Bulging Disc makes it not possible for you to continue working in any occupation for which you may be qualified.
Typically Social Security Claimants will only be approved for SSD if a Bulging Disc is ongoing, severe, and unresponsive to treatments. The condition must also be;expected to last for more than 12 months, in order to qualify for Social Security Disability.
Medical Evidence Needed To Qualify
One of the most common reasons why claims for disability benefits are initially denied is that the person didnt submit enough medical documentation of their claim.
Medical documentation is essential to getting a claim approved. When the Social Security Administration is going over claims all they have to go on is the medical documentation that is provided.
The more documentation you submit the better your chances are of getting approved the first time.
However, you need to submit the right medical documentation. You should submit things like a doctors diagnosis, a treatment plan, MRIs and X-rays, and other evidence that shows beyond the shadow of a doubt the nature of your disability.
Many people who apply for medical benefits because of a bulging or herniated disc are rejected on their first attempt and must appeal to have their case heard by an administrative law judge. Even so, only about 45 percent of claimants are successful at their hearings. If you are represented by a disability lawyer, your chances of winning at a hearing may improve.
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Insufficient Objective Evidence Of Disability
Although insurers often cite insufficient objective evidence of disability to deny claims, this reason doesnt work with back pain. This is because modern medicine has yet to find objective evidence of disability caused by pain.
If you receive this as a reason, address it in your appeal letter. Fortunately, objective evidence is not a requirement under most disability insurance policies and programs.
Your appeal letter should focus on how your doctor followed best practices for diagnosis and treatment. It should mention that you stuck to the recommended treatment. You should also emphasize all the things youve tried to stay at work.
Taking Pictures After A Car Accident
A key step in helping prove your case is to take pictures, as many as you can, of the scene of the accident. Youll want to take pictures of your vehicle, of the vehicle that caused the accident, of any skid marks on the road, of any intersection, of the weather conditions at the time, of any scars or injuries on your body, of any damage both inside and outside your vehicle, of any damage to any personal effects, etc.
If you are able, you should record a video of the scene of the accident so that the viewer can get a better idea of how the accident occurred and the aftermath. Also, if possible, youll want to take these pictures and record the video before any vehicles are moved. Doing so most accurately reflects how the accident occurred. Obviously, if you have to move your vehicle to remain safe, do so, but if at all possible, youll want to take any pictures and video prior to the movement of any vehicles.
Although the police may appear at the scene and there may be police accident scene photos, you should not rely on that. You need to be your own investigator and advocate at the scene of the accident. Not only is photo and evidence gathering important for any bodily injury claim, but you will also need such evidence even if youre just wanting the insurance company to pay for your property damage to your vehicle.
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Consulting With A Disability Attorney
One of the biggest assets you can have on a disability case is a disability attorney or advocate. Their entire line of work is suited for cases like yours, dedicated to strengthening cases, taking the tough organization into their own hands, and providing the most professional representation during your hearing. Better yet, federal regulation prevents them from taking payment for their services until after theyve won you your disability case.
Consider a free consultation with a disability attorney before your hearing to ensure you have the best shot at getting the benefits you deserve after suffering a herniated disc.
Degenerative Disc Disease Herniated Discs And Spinal Stenosis All Have Different Chances Of Getting Approved For Disability Benefits
By Melissa Linebaugh, Contributing Author
Back problems are one of the most common reasons people apply for Social Security disability benefits. However, getting approved for disability due to back pain is difficult because most back pain claims are based largely on pain. Pain is a subjective experience that is hard for doctors to scientifically measure. Even when objective medical evidence indicates a problem, the pain or other limitations a person experiences may be much worse than the medical evidence suggests.
Because of these reasons, the Social Security Administration often has to rely largely on the claimant’s statements to make its disability decision rather than on objective medical evidence like x-rays or MRIs. This means that the SSA’s decision often simply depends on whether it believes the claimant is telling the truth and not exaggerating.
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Taking Legal Steps For Financial Compensation Related To A Herniated Disc From A Chicago Il Auto Accident
The Chicago automobile accident injury attorneys at Rosenfeld Injury Lawyers LLC understand that the accident that caused your herniated disc was not your fault. We have successfully obtained millions on behalf of the victims and their family members to ensure they were adequately compensated to cover their medical expenses, household bills, lost wages, loss of future earnings, pain, suffering, and emotional damage, and we can help your family too.
Contact our accident lawyers at 424-5757 or through the contact form to schedule a free consultation. All discussions with our law firm remain confidential through an attorney-client relationship.
We accept all personal injury cases, wrongful death lawsuits, and automobile accident injury claims through contingency fee arrangements. This legal contract postpones legal services payment until after completing your case through a negotiated settlement or a jury verdict.
Our law firm gets results quickly because we understand you need money now. We proudly offer every client a “No Win/No-Fee” Guarantee, meaning if we cannot secure financial compensation on your behalf, you owe us nothing. All information you share with our law office will stay confidential.
Our attorneys follow social distancing guidelines to prevent the spread of Covid-19 .
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# 5 Immediately Call A Car Accident Lawyer Nyc
As soon as youve checked on yourself and your passengers for injuries, as soon as you are in a safe position, you should contact a herniated disk injury lawyer, even if its at the scene of the accident. Every car accident is different, and a car accident injury lawyer can advise you of what to do while youre at the scene, what information or evidence to gather, and what to say or not say.
If you are in NYC, an experienced NYC car accident lawyer or car accident lawyer NYC may be familiar enough with the roads and intersections to understand the traffic, buildings, roads, and environment that may have contributed to the accident. Accordingly, you should find an experienced disc injury lawyer so they can best advise you of what to do.
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