DISABILITY BENEFITS FOR BACK PAIN

Back pain is most common cause of disability applications. Social Security pays more claimants for back or musculoskeletal impairments than any other single category of impairments.

But what do you need in order to get benefits? You must prove 4 things:

1. CAUSE OF THE PAIN -

Social Security will not pay a benefit for an indeterminate cause. A complaint of pain is not enough, even if it's severe. You will need X-rays, MRIs or other imaging to show the cause of the pain. It may be a ruptured or herniated disc, cord stenosis, osteophyte complex, or other cause. Only your orthopedic specialist can determine the cause.

2. SEVERITY OF THE PAIN -

Not all back pain is disabling. Many of us work with some degree of pain all the time. However, when the pain becomes debilitating, it can cause disability. Your doctor's notes should state the location(s) of pain, the nature of the pain (aching, sharp, stabbing), and whether the pain is slight, moderate or severe. Your record should also note whether the pain moves or "travels" to other parts of your body (radiating pain). Records should show what treatment has been provided to try to control or help the pain.

3. DURATION OF THE PAIN -

You must show that the impairment which causes the pain has lasted for at least one year, or is expected to last for at least one year. Short periods of disability are not covered. So, the two questions are: What's the cause of the pain? Would it be reasonable to expect this problem to last for at least 12 straight months?

4. LIMITATIONS CAUSED BY THE PAIN -

Social Security must determine how your back pain restricts your ability to function. They really base their disability decisions on how limited your function is. In other words, what are you still able to do, even with the pain. What is your specific limit on sitting, standing and walking? What is your lifting restriction? Are you restricted ion your ability to reach, bend, kneel, squat, crouch or crawl? Is the pain severe enough to cause concentration or persistence problems?

These specific restrictions are not usually found in routine medical records. The claimant or his attorney must go to the doctor and ask that these limitations be placed in the record. We call it a Residual Functional Capacity report or Medical Source Statement. Advocates at the Forsythe Firm are well versed in getting this information from the claimant's doctors. Having a clear functional capacity report from your doctor may mean the difference between winning your case or losing it.