Getting Disability for Back Pain | Slepian Ellexson

Social Security Disability for Back Pain

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Back pain is one of the most common ailments in the world. It’s estimated that about 80% of people will experience back pain at some point in their lives. In many cases, back pain is quite treatable. However, there are many people who endure debilitating, chronic pain that impacts their daily lives.

Chronic back pain can turn your entire life upside down and leave you feeling at a loss. You may struggle to maintain gainful employment, complete daily tasks, or take care of your family. On top of it, you might not know if you’ll be able to pay your bills or seek appropriate medical treatment for your condition.

If your condition limits your ability to work, applying for disability for back pain can give you access to financial assistance. Continue reading to learn more about applying for Social Security Disability benefits with a back condition.

How to Qualify for Disability Benefits With Back Pain

It’s estimated that about 200 billion dollars are spent managing back pain annually. It’s also the most common reason for workers’ compensation claims and lost work productivity.

Chronic back pain is defined as pain that persists for 3 or more months occurring at any level of the spine. Symptoms can include burning, aching, sharpness, numbness, tingling, etc.

It’s also important to remember that mental and emotional symptoms can result from chronic pain, such as anger, frustration, depression, fatigue, and more.

Chronic back pain can be caused by a variety of conditions. If your pain becomes severe enough that it limits your ability to work, it’s wise to consider applying for disability benefits. When applying for disability, working with a legal professional can increase your chances of being approved for benefits.

Filing for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) can be complicated. The Social Security Administration (SSA) has numerous guidelines that must be met in order to qualify. These include:

  • You must have a medically diagnosable condition
  • Your condition must prevent you from performing Substantial Gainful Activity (SGA)
  • You must be unable to perform any new type of work due to your disability, in addition to your current job (for SSDI claimants)
  • Your condition must be expected to last at least 12 months or result in death
  • Your medical condition must be listed in the Blue Book

The Blue Book contains listings of impairments that qualify claimants for benefits. You’ll need to apply under the correct disability listing when filing for SSDI or SSI. This can be tricky if the cause of your back pain is not considered a qualifying impairment. If this is the case, you’ll need to prove that it equals a listed impairment in severity.

Specific Qualifying Conditions

Some eligible conditions that affect the back include degenerative disc disease, ankylosing spondylitis, narrowing of the spinal canal, and other various conditions. Nonetheless, having one of these disabilities does not automatically ensure your claim will be approved by the SSA. To achieve approval, applications need to substantiate the presence of injury or illness and also demonstrate the particular symptoms that meet the criteria specified in the Blue Book.

Medical Evidence

To support your disability claim, you must provide substantial medical evidence to the SSA. This should include things like doctor’s assessments, imaging test results, treatment results, and other medical records.

It’s important to show how your back pain impacts your ability to work and complete daily tasks. Records should include information on whether you need things like a cane, walker, or crutches to get around.

Getting Social Security Disability benefits for back pain is very important to those who are disabled. This type of condition can affect both your physical and mental wellbeing, and if you’re unable to earn a living wage, you might feel like you have nowhere to turn. That’s why our attorneys at Slepian Ellexson, PLLC are here to fight for your rights.

Obtaining Social Security Disability can be difficult. That is why we gather every piece of medical evidence possible to back up your claim when you apply for these benefits. Our lawyers understand how the SSA assesses claims and what they look for when determining eligibility. Contact us today to schedule a free consultation.

VA Disability | Ratings for Back Pain

Veterans Affairs (VA) disability benefits are monthly, tax-exempt payments veterans can receive if they became ill or injured during their military service, or if a pre-existing condition was aggravated by their service. Eligibility for these benefits extends to various mental and physical ailments, including back pain, whether they arose prior to, during, or after the period of service.

When applying for VA disability compensation with back pain, your condition will be measured using a special rating system. This rating system will allow the VA to ascertain your level of disability and provide appropriate benefits.

Benefits are awarded to those with chronic pain and extremely limited range of motion in their spine and/or neck. The back pain VA disability rating scale is based on percentages. Unfortunately, many veterans feel their condition is underestimated by this measuring system. It is extremely rare that an applicant receives a 100% rating on the scale.

Additionally, you must prove that your back condition is linked to your time spent in the service to qualify for VA disability. This is difficult because causes of back pain are varied and may include trauma and injury, aging, or daily wear and tear.

You’ll need to demonstrate that your disability originated from an event, illness, or injury during your service. This can be especially hard if your condition is degenerative and the most severe symptoms appeared long after you left the service. To establish a connection, you need:

  • A current medical diagnosis or disability assessment from a medical professional.
  • Evidence of a specific event or injury that occurred during your service that could have caused your back pain. This could range from combat injuries to repetitive stress due to the nature of your military duties.
  • A “medical nexus,” which is essentially a link between the in-service event and your current diagnosis. This link must be reasonable enough for a physician to agree that your disability is more than likely related to your military service.

Proving your case can involve gathering extensive service records, medical records (from during and after your military service), and statements from fellow service members who witnessed the incident. This can be tedious and difficult, but our experienced lawyers at Slepian Ellexson, PLLC can simplify the process.

Our law firm helps disabled individuals get the benefits they need through the Department of Veterans Affairs, the SSA, workers’ compensation and long term disability insurance. Contact us today to schedule a free consultation.

Slepian Ellexson, PLLC | Experienced Disability Attorneys

If you’re struggling with severe back pain that leaves you unable to work, contact us to schedule a free consultation. You’re not alone during this difficult time, and our attorneys are here to increase your chances of receiving the benefits you deserve.

The firm has been in business for over 40 years

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3737 North 7th St., Suite 106
Phoenix, AZ 85014
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