Back Pain Can Result In Disability Under Listing 115
SSA issues regulations that are meant to encapsulate disability. SSA Listing 1.15 is used to document a back impairment the is causing compromise of a nerve root. When a nerve root is damaged this results in pain, numbness, muscle spasms, and possibly loss of sensation in one of your extremities. Nerve root pain can result in disability. See the outline of nerve root compromise and spinal disability below.
Types Of Back Pain That Qualify For Ssd
Unfortunately, you must do more than inform the Social Security Administration of your back pain to obtain Social Security Disability benefits. When applying for SSD, you will have to support your case with objective medical evidence.
Some back ailments that may qualify under the Social Security Administration regulations include:
- Herniated disc
- Degenerative arthritis
In addition to medical evidence showing these conditions , you must demonstrate certain symptoms.
Most of the Social Security rules also require some or all of the following:
- Pain radiating into the arms and/or legs
- Limited range of motion in the spine
- Loss of feeling or diminished reflexes
- Positive straight leg testing
What Medical Conditions Qualify For Cpp Disability
Any medical condition can qualify for CPP disability if it prevents you from doing gainful employment. You must also prove that your disability is permanent.
If you suffer from a terminal illness, then CPP disability will fast-track your application.
Following is the offical requirement for CPP disability benefits. Your medical condition must cause a level of disaiblity to meet the following requirement:
Section 42. When a person is deemed disabled For the purposes of this Act,
a person shall be considered to be disabled only if he is determined in the prescribed manner to have a severe and prlonged mental or physical disability, and for the purposes of this paragraph,
a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable of regularly pursing any substantially gainful employment, and
a disability is prolonged only if it is determined in the prescribed manner that the disability is likely to be long continued and of indefinite duration or is likely to result in death
In common terms, you can only qualify for CPP disability if your medical condition causes permanent disablity that prevents you from regularly doing any employment.
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What Medical Conditions Qualify For The Disability Tax Credit
The disability tax credit is different from other disability benefits plans. The above disability plans focus on how your medical condition affects your ability to work. The is not focused on your ability to work. Rather, it focuses on impairment with your daily activities.
Eligibility Criteria for the Disability Tax Credit
- be blind
- be in at least one basic activity of daily living
- be significantly restricted in two or more basic activities of daily living
- need life sustaining therapy
You will automatically qualify for the disability tax credit if your medical condition causes blindness or you to need life sustaining therapy.
To qualify as blind your visual acuity in both eyes must be 20/200 or less or your field of vision in both eyes is 20 degrees or less.
To qualify under the life sustaining therapy requirement, the therapy must be needed to support a vital function, and you must need it at least 3 times per week for an average of 14 hours per week.
The basic activities of daily living include the following:
- Mental functions necessary for everyday life
To qualify for the disability tax credit you must show that you are markedly restricted in one of these areas. A marked restriction means that you are unable to do the BADL or take an inordinate amount of time to do it. This restriction must be present 90% of the time.
Learn the secrets for winning disability benefits, even after a denial
Social Security Listings For Back Disorders
The SSA usually finds that disability from herniated or bulging discs lasts less than a year.
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Many, but not all, individuals with spinal cord injuries are automatically eligible for Social Security disability benefits.
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If laminectomy or discectomy fails to relieve your symptoms, or causes complications, Social Security disability benefits may be available.
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How The Ssa Will Evaluate Your Credibility
Since back pain is highly subjective, the SSA will try to evaluate your credibility and determine whether your condition is as severe as you claim it is. They may consider factors such as:
- Frequency of your visits to the doctor
- Types of treatments you have tried
- Your physicians opinion regarding your pain and limitations
- The extent to which your pain affects your daily activities
- Whether or not it looks like you are exaggerating your pain level
Can You Get Disability For Back Pain
While back pain can be agonizing and frustrating, and sometimes incapacitating , Social Security does not hand out SSDI or SSI disability benefits readily for back pain.
To qualify for disability benefits, first, Social Security requires you to have a “medically determinable” impairment that lasts for at least one year. This means that x-rays, MRIs, or at least clinical notes must show that your back pain is caused by some physical abnormality of the spine or spinal canal. If you have back pain without a physical impairment that normally produces pain symptoms like yours, you’re unlikely to win disability benefits.
Note that back pain caused by obvious injuries like muscle strains, fractures, or even a herniated disc usually heal within a few weeks or months, so those types of claims often won’t qualify for Social Security disability or SSI.
What If Your Medical Condition Is Not On The List Though
Luckily, the SSA has ruled in favor of individuals without these specific conditions previously. This has set precedent for individuals with varying injuries and disabilities to still qualify for compensation. That being said, you cannot make claims without medical proof of your condition. That includes medical documentation, from SSA-approved doctors. The medical evidence required typically includes:
- Physician examination
- Blood work panels
Can You Get Disability For A Herniated Disc In Your Back
A herniated disc in the back is a fairly common injury that approximately 1 to 2 out of 100 people will suffer from at one point in their lives. Its most common with people in their 30s to 50s and is twice as likely to affect men.
For most people, a herniated disc can be healed within a month or two and allow someone to get back to work and day-to-day activities afterward. However, some instances may result in significantly longer healing times or even being considered permanently disabled. If thats the case, you may qualify for SSDI.
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What Diseases Automatically Qualify You For Disability
If your disorder meets one of the Social Security Administration listings your claim will be medically approved for benefits. Section 1.04 of the SSA impairment listing manual, also known as the SSA Blue Book, describes the requirements to receive Social Security Disability benefits under the listing for disorders of the spine:
1.04 Disorders of the spine , resulting in compromise of a nerve root or the spinal cord. With:
A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test
B. Spinal arachnoiditis, confirmed by an operative note or pathology report of tissue biopsy, or by appropriate medically acceptable imaging, manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours
C. Lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively, as defined in 1.00B2b.
How Is Service Connection Established For Back Arthritis
However, a medical professional can examine records over time to look for joint overuse and evidence of degeneration leading up to the onset of symptoms. In this way, a service members time in service can be connected to back arthritis even if it does not show up until much later.
Symptoms that appear within one year of service may also qualify for a presumptive service connection.
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Impairments Causing Joint Pain Or Joint Damage
Joint pain and loss of joint mobility may be caused by a number of disorders including:
- Traumatic damage to joints
- Neuropathic arthropathy
In all joints, osteoarthritis is the most common arthritis seen by the Social Security Administration. Osteoarthritis is also known as hypertrophic arthritis or degenerative arthritis. Osteoarthritis is not a systemic disease. It doesnt affect the entire body its effects are confined to the involved joints. Osteoarthritis is slowly progressive and starts with damage to the cartilage on opposing ends of bone inside the joint space . Any joint in the body can be involved. Heavy impact activity on joints predisposes to the development of osteoarthritis , and osteoarthritis is associated with advancing age. Trauma to a joint, such as a fracture into a joint space, is frequently followed by development of osteoarthritis.
As joint cartilage begins to soften and thin, unusual stresses are also put on the underlying joint bone. The body responds to cartilage and bone damage by trying to grow new bone. This process can lead to osteophytes around joints or in the spine, as well as narrowing of whatever joint space is involved.
Rheumatoid arthritis is an autoimmune disease in which the bodys own immune cells attack and damage the joints. The precise cause of rheumatoid arthritis is still not clear. Rheumatoid arthritis is seen 2 to 3 times as frequently in females as males. Rheumatoid arthritis often comes on gradually.
Medical Conditions That Qualify For Disability Benefits
You may be wondering what are the medical conditions that qualify for disability? And is my diagnosis on that list? We give a list of medical conditions below, but as you will learn, any medical condition can potentially qualify for disability benefits. The focus is always on the extent of the disability caused by your medical condition. And whether the extent of your disability meets the requirements for various disability benefits plans and programs. This article lists common disabling conditions. I then review the eligibility criteria for the most common disability benefits. So, you can know if your medical condition can qualify for benefits.
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Listing 1409 Inflammatory Arthritis
If you dont qualify for disability under any of the above listings, you may qualify under Listing 14.09, Inflammatory arthritis . To meet Listing 14.09, you must provide objective medical evidence that your arthritis has resulted in the following:
- Swelling or deformity of:
- your hip, knee or ankle joints that causes extreme interference with your ability to walk on your own, or
- your shoulder, elbow or wrist/hand that makes it difficult to take care of yourself and perform your day-to-day activities.
- Swelling or deformity of your hip, knee, shoulder, elbow, wrist/hand, or ankle/footwith:
- associated disease in at least two of your organs or body systems, with one organ or body system affected more than minimally, and
- at least two of following: severe fatigue, malaise, weight loss, or fever.
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Starting A Disability Claim For Back Pain
Call the SSA at 800-772-1213 to set up an appointment to fill out an application for disability If you don’t know whether you are eligible for Social Security disability insurance or Supplemental Security Income , you can apply for both. When you fill out your application, include both how your back pain affects your life outside of work and how it impairs your ability to work. If you have both severe back problems and a mental impairment, such as depression , be sure to include symptoms and documentation of the mental impairment as well.
|Take our disability quiz to help you determine whether you qualify for benefits.|
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Arthritis And Disability Benefits
This page has been put together as a resource for people looking to find out more about the UKs Disability benefits process. You can find more information about Work and Arthritis here.
If I have arthritis, can I apply for disability benefits?
What benefits can I apply for?
2. Attendance Allowance
- Attendance Allowance is a similar benefit to PIP but applies to people over pension age who have a physical or mental disability. It has 2 levels of support depending on how much difficulty you have.
- To qualify for attendance allowance, you need to have had a disability for at least 6 months or be terminally ill.
- You can still qualify for attendance allowance if you live in a care home and pay all your costs, but not if the costs are paid for by your local authority.
- You will need to have an assessment by a healthcare professional to see if you qualify for attendance allowance, but you may not have to go to an assessment centre depending on your circumstances. An assessment may be possible by phone or by a visit by the assessor to your home.
Employment and Support Allowance
- Disability premiums are amounts of money that can be added to other benefits if you are disabled.
- There are some fairly complicated rules for deciding if you qualify for these benefits depending on who is living with you, the other benefits you receive or whether someone who looks after you is already getting an Attendance Allowance, so seek advice.
Disability Benefits For Back Problems: The Ultimate Guide
Does your back pain prevent you from working? Do you struggle to perform everyday tasks and need to win disability benefits for back problems?
Insurance companies have a vast number of requirements to qualify for disability benefits for back problems. And, the long list of back problems can make diagnosis cloudy.
Back Pain Disability Benefits: The Ultimate Guide is full of insights and answers for people who need to win disability benefits for back pain and related problems. I cover the types of disability benefits available for back pain, the challenges you will face, and how you can overcome them.
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Talk To A Disability Lawyer
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What Medical Conditions Qualify For Short
To qualify for short-term disability your medical condition must prevent you from doing your regular job duties. You must show how the symptoms or impairments from your medical condition interfere with your ability to perform you job duties.
To do this you will need to have an official list of your job duties. Then you can get your doctor review the list of duties and confirm that you cannot perform the majority of these duties because of your medical condition.
Most short term disaibltiy plans will require you to be continuously disabled for 7 days or so before you can qualify for benefits. This is called a waiting period or elimination period.
Following is an example of typical wording of the disability requirement for a short-term disability plan. Please note this is only an example, the exact wording is different for each plan:
An employee is entitled to payment of a short-term disability benefit if that employee proves that:
- the employee became totally disabled while covered
- the total disability has continued beyoned the elimintation period
- the employee has been following appropriate treatment for the disabling condition
An employee wil be considered totally disabled while the employee is continuously unable due to an illness to do the essentional duties of the employees own occupation in any setting.
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How To Win Disability Claims For Back Disorders
To make sure that you stand a higher chance of winning disability claims for your back pain, you need to show evidence to your disability examiner, DE that your back pain is indeed hindering your ability to move and work properly. The SSA will need to be ensured that your back pain is indeed not moderate and is actually debilitating and severe. Based on your condition, you may have to proved that you are unable to sit or stand for longer amounts of time, or carry out normal bodily movements like bending or scooping without hurting excessively. Also, for all conditions reparable in the back disorders listed by the SSA in the Blue Book, you may also have to prove either that your condition lasted for more than 12 months of consecutive period or that it is expected to last more than a year.