Sunday, March 14, 2021

MORE ABOUT BACK PAIN AND SOCIAL SECURITY

 

I've said previously that Social Security does not give disability benefits for back pain; that is, for mere complaints of back pain without a medical causation. I talked about needing an MRI or X-rays to show the reason for the back pain.

Now, I want to talk about the importance of continuing in treatment. There are a few key factors in continued treatment.
  1. Treatment should be with a specialist in spinal issues, such as an orthopedic specialist. A lot of people go to their primary care doctor, who diagnoses "back pain" or "chronic back pain," and feel that this is enough. It isn't nearly enough.
  2. Have the recommended X-rays or MRI done to pinpoint specific disease or faults in the spine. There's nothing like evidence you can see. Imaging tests are important.
  3. Keep following up with your specialist. Don't just get a diagnosis and fail to return. Social Security wants a continuous line of treatment.
  4. Try conservative measures for back pain: physical therapy, medications, or epidural injections--as ordered by your doctor.
  5. Treatment by a pain clinic probably won't convince Social Security. While you may need this treatment to manage pain, the government will still want complete records from your orthopedic specialist, who has found the underlying cause of the pain.
  6. Never, ever depend on a consultative examination (CE) by a Social Security doctor to help you win. Some claimants are sent to these exams; however, the exams are brief, rushed and only address what the doctor sees at one moment in time. Pin your hopes on the records of your treating physicians, especially the specialists.
The fact is, Social Security only pays a disability benefit for conditions that have become so severe, over such a long period of time, that the claimant can no longer perform any of his past relevant work--or any other full-time work. In other words, you must be totally and completely disabled. There is no "partial disability" with Social Security. And there is no "short term disability."

In short, Social Security claims are not won on back pain. They are won on musculoskeletal diseases or injuries which cause back pain.

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