HOW TO GET DISABILITY BENEFITS FOR BACK/SPINAL DISORDERS

Back and muculoskeletal disorders are among the most common impairments found in Social Security disability claims.  After handling hundreds of these claims, we have learned what is required to get approved for disability benefits.  The claim of back pain, sciatica or other spinal disorders must be approached correctly.

 First, it isn't enough to complain of chronic pain, even if your medical record documents chronic pain.  Social Security must have 5 additional pieces of evidence to render a favorable decision for chronic back pain:

(1) They need a medically determinable impairment:  they must know what specific disease is causing the pain.  Is it a herniated disc, compression of the nerve root,  neuroforaminal stenosis, or what?  This usually requires imaging studies such as an MRI.

(2) Are the alleged symptoms reasonably associated with the medically determinable disease?  In other words, is it medically reasonable that chronic back pain results from herniated discs, nerve cord compression or neuroforaminal stenosis?

(3)  How severe are the symptoms?  Pain is objective.  How bad is the claimant's pain?  Not all pain is disabling but some is.

(4)  How long have the severe symptoms lasted?  Social Security only pays a benefit for disabling symptoms that have lasted for at least 12 straight months, are expected to last for at least 12 straight months OR to end in death.

(5)  How do the severe symptoms prohibit work?  What functions are severely restricted?  Social Security wants to know how sitting, walking, standing, bending, lifting, reaching, etc. are restricted--and to what degree? 

We like to obtain a very detailed written statement from a treating specialist that clarifies these questions very specifically.  We have our own form for seeking this information.  In addition, we will obtain the claimant's medical records and history from all of his/her doctors, hospitals and other providers.

Of course, the claimant understands his or her own pain better than anyone else.  However, Social Security does not accept the claimant's testimony as unbiased, objective testimony; therefore, more evidence is needed to win the claim.  What the claimant tells Social Security about his or her symptoms will be called "allegations" or "subjective complaints." What the medical tests and examinations say about the claimant's condition is referred to as "objective medical evidence."

So, if you're expected to file a disability claim for back or musculoskeletal disorders, you need to see a doctor and get examinations.  An orthopedic specialist is preferred.  You need objective examinations and imaging to pinpoint what is causing your pain or other symptoms.

Likely, you will need the help of an experienced attorney or advocate to prepare and pursue your disability case.  Most cases are denied initially, then may be approved during the appeal process.  A hearing before an Administrative Law Judge (ALJ) is required in about two-thirds of disability cases.

 An experienced advocacy firm, such as the Forsythe Firm, will provide a free case consultation to help evaluate how strong your claim is.  No fee will ever be charged unless you win your case and recover past due benefits.

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The Forsythe Firm

"Across from Bridge Street"

Huntsville, AL 35806

PHONE (256) 799-0297 

WE WIN OR YOU DON'T PAY