Winning Your Social Security Disability Claim For Degenerative Disc Disease
When deciding disability cases, the Social Security Administration uses a process called the 5-Step Sequential Evaluation Process. The first two eligibility requirements are:
- Step 1 You are not gainfully employed, and
- Step 2 Your condition is severe.
If you pass these requirements, the next hurdle of the 5-Step Evaluation is Step 3 Does your disability meet or equal a medical listing?
The SSA maintains a Listing of Impairments that are so severe that, if you satisfy the criteria of any listed condition, you are automatically considered disabled. The medical evidence to support all the criteria of the list can be massive and our attorneys will help you secure and assemble the materials needed to meet the requirements.
Degenerative disc disease is found in the SSA Listing 1.00 Musculoskeletal Disorders.
Can I Claim Pip For Degenerative Arthritis
What is the personal independence payment? Arthritis is a common condition which causes joint pain and inflammation. If you are over State Pension age and you need help with your personal care, such as washing, dressing and going to the toilet, because of arthritis, you may be able to claim Attendance Allowance.
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.
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Common Signs And Symptoms Of Degenerative Disc Disease In Veterans
A few of the risk factors for Degenerative Disc Disease include your age, prior back injuries, car accidents, being overweight or obese, a sedentary lifestyle, or other forms of bodily trauma.
Generally, some of the more common symptoms of Degenerative Disc Disease include:
- Pain that worsens when sitting .
- Pain that worsens when standing, bending, lifting, or twisting.
- Feeling better while walking or even running than while sitting or standing for long periods of time.
- Feeling better by changing positions often or lying down.
- Periods of severe pain that come and go. These can last from a few days to a few months before getting better. They can range from dull nagging pain to severe disabling pain.
- Pain in the low back , mid back , or neck , depending on where the affected disc is, possibly even radiating to the legs, arms, and hands .
- Pain, numbness, weakness, or tingling in the extremities.
How Hard Is It To Get Disability For Back Problems
Even if you have severe, documented back problems , its difficult to get approved for disability benefits by the Social Security Administration under the SSAs official impairment listing for spinal disorders. Its not easy to win a disability claim based on degenerative disc disease.
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Va Ratings For Functional Impairment Of The Thoracolumbar Spine
The rating chart for thoracolumbar spinal pain is used for primary and secondary conditions to lower back pain. The measurements used for determining compensation are as follows:
- 0 percent rating: Flexion is greater than or equal to 90 degrees, OR a combined ROM greater than or equal to 240 degrees
- 10 percent rating: Flexion between 60 and 90 degrees, OR a combined ROM between 125 and 240 degrees
- 20 percent rating: Flexion between 30 and 65 degrees, OR a combined ROM less than or equal to 120 degrees, the minimum scoliosis percent for a scoliosis VA rating.
- 30 percent rating: This rating cannot be applied to the thoracolumbar spine
- 40 percent rating: Flexion less than or equal to 30 degrees, or the entire thoracolumbar spine is stuck in a favorable position
- 50 percent rating: The entire thoracolumbar spine is stuck in an unfavorable position, also called unfavorable ankylosis of the entire thoracolumbar spine.
- 100 percent rating: The entire spine will not move and is stuck in an unfavorable position
How Do I Prove My Degenerative Disc Disease As A Disability
Degenerative disc disease can be a challenging condition to prove as disabling to insurance companies. While the debilitating pain of degenerative disc disease is very real, pain is considered a subjective symptom. Your insurance company will want objective medical evidence to back up your disability claim.
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What Is Forward Flexion Of The Thoracolumbar Spine
forward flexion of the thoracolumbar spineflexion
. Similarly one may ask, what is forward flexion of the cervical spine?
Generally, the normal ranges of motion for. the cervical spine are as follows: Forward flexion: 0 to 45 degrees. Extension: 0 to 45 degrees. Left Lateral Flexion: 0 to 45 degrees.
One may also ask, what does forward flexion mean? Flexion Definition. Flexion is the anatomical name for forward bending. When treating back pain, many spine specialists encourage exercises to strengthen the muscles that act to bring the spine into flexion. In the lower back, approximately 50% of flexion occurs at the hips, and 50% occurs at the lower spine.
Besides, what is the maximum disability rating for degenerative disc disease?
What is the highest VA disability rating for back pain?
How Long Does It Take For An Annular Fissure To Heal
Disc healing times vary widely, from five to twenty-two months. This time frame can be applied to annular fissures as well. Although the fissure may not heal completely. Its important to focus on movement patterns and exercises that minimize tensile, torsional, and compressive loading through the disc while strengthening the trunk muscles.
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Degenerative Disc Disease For Veterans
If you are a veteran that has been diagnosed with degenerative disc disease, you are able to apply for disability benefits even if you are already receiving VA benefits. In fact, going through the process of getting a disability rating from the VA can help with your application.
For both sets of benefits, you will need to provide medical evidence that you do have degenerative disc disease. Degenerative disc disease is often something that is hereditary and progresses over a long period of time. However, if you can prove that your degenerative disc disease was connected to your military service, you will receive a disability rating from the VA.
All of the medical documentation that you have gathered for your VA disability rating can be used as evidence in your SSDI application.
Social Security Medical Evaluations
Although Social Security will have access to your medical records, they may also order a medical examination by a different doctor. These exams do not cost you anything. The exams are not for medical treatment but to determine whether or not your claims are accurate. Specifically, they will ensure your limitations and medical conditions are as described. These exams may include blood work or X-rays.
In this particular situation, the doctor will check to determine that your degenerative disc disease is so advanced that it prevents you from working. They will also ask you how it impacts your daily life outside of work. With degenerative disc disease, odds are that you cannot stand, walk, lift or bend nearly as frequently as you did before the diagnosis.
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Work Closely With Your Doctor To Obtain A Formal Diagnosis Of Degenerative Disc Disease And Record Work Limitations Due To Ddd
While finding the root cause of back problems can be a long and frustrating process, the SSA needs to see a formal diagnosis in order to grant benefits. The DDD disability listing in the Blue Book requires your condition causes one of the following:
- Nerve root compression
- Spinal arachnoiditis
- Lumbar spinal stenosis
You may be able to meet the SSAs DDD listing, or you may have to prove through a residual functional capacity analysis that your back issues prevent you from working. Either way, it is best to have your symptoms and resulting limitations well defined.
Your doctor is an invaluable resource in documenting your limitations and accurately reflecting your work restrictions.
Whats The Va Disability Rating For Degenerative Disc Disease
The rating for degenerative disc disease is usually 20%, independently of how severe your condition may be.
The VA provides benefits for qualifying Veterans with degenerative disc disease, and these benefits can make life much more manageable for people living with the disability. If a Veteran with DDD qualifies to receive disability benefits, this means they will get monthly compensation based on the severity of their condition. However, the path to obtaining these benefits can be filled with obstacles. Many Veterans struggle to get the disability benefits that they need and deserve for degenerative disc disease. If you are struggling to obtain a fair VA disability rating for degenerative disc disease, Berry Law Firm can help.
For more than 50 years, our attorneys have helped Veterans secure the VA disability benefits they deserve. Many lawyers who are long-term members of our team are Veterans themselves, having served in multiple branches of the military. As a team of Veterans helping Veterans, we are committed to helping you get the disability benefits that you need and deserve, whatever it takes.
Call our office or contact us online to arrange a free consultation today.
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What Is The Thoracolumbar Spine
The thoracolumbar spine is what most people refer to as their back. It is your middle and lower back.
The thoracolumbar spine is actually composed of two parts of the spine:
The other part of your spine is what we would commonly call your neck. VA chooses to use medical terminology and refers to your neck as your cervical spine. Look for me to discuss how VA rates cervical spine disabilities in future articles.
What Is The Average Va Disability Rating For Back Pain
|Flexion between 15 and 35 degrees, OR combined ROM 170 degrees|
|30%||Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position|
|40%||Entire cervical spine is frozen in an unfavorable position|
Additionally, how much VA disability do you get for back pain? For example, a veteran is granted service connection for a back condition and receives a 10 percent disability rating. On most days, the veteran is unable to bend forward more than 60 degrees. However, when experiencing a flare-up, the veteran is unable to bend forward more than 30 degrees.
Secondly, what type of back problems qualify for disability?
To get disability benefits, you must have a “medically determinable” back impairment such as spinal stenosis, nerve root compression, herniated disc , or arachnoiditis.
What is the maximum disability rating for degenerative disc disease?
If your degenerative disc disease is severe enough, the ultimate goal is to receive a 100% disability rating. There are two methods to use. The first one is to have one or more disabilities that reach the 100% disability rating. The other way is to receive the rating through TDIU.
Therefore, in regards to direct service connection for back pain, veterans must show evidence of the following:
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Proving Va Service Connection For Your Back Or Spine Condition
Similar to the majority of VA disability claims, to earn VA disability ratings for back pain you must provide three main pieces of evidence:
- A current diagnosis from a medical professional of the condition you are currently filing a claim for.
- Proof of an inciting event that you believe to have caused the condition you are currently filing a claim for.
- A medical nexus or statement that connects the military event or experience to your current diagnosis. This should be presented as a statement of opinion from a medical professional.
After gathering this information and attending a C& P exam, you will receive a disability rating from the VA in the form of a percentage.
Compensation And Pension Exams For Ddd
Sometimes the VA Regional Office will request you attend a Compensation and Pension exam so that a VA doctor can assess your degenerative disc disease. A VA RO will contact you to schedule the exam if one is requested.
The VA examiner will usually ask questions during the exam to establish whether your degenerative disc disease is connected to your time in service or not. Usually, the examiner will ask you about your time in service, the pain levels associated with your condition, and what symptoms you experience. After the exam, the VA examiner will issue an opinion deciding whether they believe your DDD is connected to service.
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Disability Benefits For Degenerative Disc Disease
Social Security Disability Lawyers: Riverside, Orange & San Bernardino Counties
Social Security awards for long-term disability benefits are paid to back pain claimants more often than for any other reason. It is estimated that up to 25% of disability awards are for back problems. Thats because having back pain can disable you from doing even a desk job, and x-rays or MRI scans of a bad back can prove to Social Security that your pain is real. Disability Benefits for Back Pain or DDD
There are many different causes of back pain, but the main three things are: bad discs, arthritis, and pinched nerves. By bad discs we mean degenerated, bulging, or ruptured discs that cause pain and inflammation in the back. Arthritis in the back refers to bone spurs and wear and tear of the facet joints. Pinched nerves are when discs and bone spurs press on nerves or the spinal cord , causing pain, numbness, or tingling down one or both legs . Having one or more of these conditions can cause chronic and disabling back pain, and they can be documented by x-rays and MRIs of your back to help prove to Social Security that you have an objective basis for your back pain and disability. Ten Tips to Help You Get Disability Benefits If you suffer from chronic back pain and are unable to work, the following ten tips or guidelines will help you get Social Security disability benefits. 1.) Get a Diagnosis
2.) Objective Evidence More than Mild
3.) Document Your Back Pain
Contact Gillette Law Group
The pain you experience from degenerative disc disease can deeply affect your work, your earnings, and your life overall. If you believe you truly need assistance, do not be discouraged by the strict application process for disability benefits. We at the Gillette Law Group can give you get the best chance at the benefits you need and deserve.
Your consultation with us is free, so dont hesitate to talk to us. Call us today at 873-2604
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Qualifying For Disability Due To Back Problems
If your back condition, as described in your treating doctors reports, matches an impairment listing in the SSAs blue book of impairments, you will automatically be approved for disability benefits. This is not easy to do only very severe and well documented cases of back pain will match the SSAs listing for disorders of the spine. Your condition can also be considered to be equivalent to the listing for disorders of the spine, if it doesnt match a listing exactly but it is similar and has the same level of severity. The SSA will decide with the help of a medical consultant whether your back condition is equivalent to the spinal disorders impairment listing.
There are three main categories of back problems that can qualify for disability under the SSAs official impairment listing for disorders of the spine. The SSA specifies the symptoms and severity required to match each of these listings. Specifically, to match the listing for disorders of the spine , the SSA requires that your spinal disorder includes one of the following three conditions:
- nerve root compression
- arachnoiditis, or
The SSA notes several examples of back conditions that involve nerve root or spinal cord compression, which can cause problems from mild chronic pain to paraplegia in the worst cases:
- herniated disc
- vertebral fracture.
Contact Our Va Disability Law Firm
Are you a veteran suffering from degenerative disc disease? If so, then you deserve to recover VA disability benefits. If you have received a VA disability claim denial, the attorneys at Tucker Law Group can step in to help you appeal your claim. Our attorneys will use our expertise to help you fight for your benefits. We have helped thousands of clients nationwide fight for the disability benefits they deserve.
For a free consultation, contact our nationally recognized law firm today at . Also, feel free to message us through our online contact page. You may have questions like, what is the maximum disability rating for degenerative disc disease? Our attorneys can help you answer this question and more. We help disabled veterans nationwide. Call today!
Va Range Of Motion Chart For Back
The code used for back and spine conditions are primarily based on range of motion measurements, thoracolumbar strain, and the range of flexion and extension. Ratings will be decided by how much movement can occur around a joint or body part at a VA C& P exam for back pain. There are two separate rating criteria, one for the cervical spine and one for the thoracolumbar spine.