GETTING DISABILITY PAYMENTS FOR BACK PAIN

Back pain or types of musculoskeletal impairments are the number one cause of Social Security disability payments. Yet, there are many reasons for back pain.

Doctors often call neck pain Cervicalgia. If the pain is down in the back they may call it Lumbago. These are very general terms for pain of an unknown cause. They can be caused by anything from sleeping in the wrong position to degenerative diseases of the spine. The main problem is, these terms do not specify a cause or underlying pathology and they don't designate how long the condition is likely to continue. Some lumbago disappears in a week or two without treatment.

Therefore, Social Security won't provide disability benefits for Lumbago, Cervicalgia or back pain from unknown causes. Social Security regulations require that claimants have a Medically Determinable Impairment (MDI) to receive benefits.

This means that a doctor must use generally accepted examinations, tests and studies to determine the cause and type of disease process that is causing pain.

To get SSDI benefits for back, neck or hip pain, it's crucial to find the underlying causes of the pain. Mere complaints of "severe pain" won't be approved for benefits. So, here are some steps to help prepare for a Social Security disability claim for back, neck or musculoskeletal pain:

1. See an orthopedic doctor. There are orthopedists who specialize in neck pain, lumbar pain, shoulder pain, hip pain, etc.

2. Get the doctor to determine what is causing the pain. This usually will require X-rays, MRIs or other imaging scans. in addition to the cause, Social Security will want to know 3 things:

• SEVERITY OF THE PAIN

• FREQUENCY OF THE PAIN

• DURATION OF THE PAIN

3. Try treatments to relieve the pain. Conservative (non-surgical) measures may include medications, epidural steroid injections,facet injections or physical therapy. Follow the doctor's treatment plan to the best of your ability. Of course, it's always up to the patient whether to decline a medical procedure or not.

4. Keep Social Security's "Duration Requirement" in mind. It states basically that a claimant must be unable to work for at least 12 straight months before a benefit can be paid. There are no benefits for short yterm impairments. That's why it's virtually impossible to get benefits for lumbago or cervicalgia without knowing the cause of the pain or that it will probably last 12 months or longer.

5. Try to get your orthopedic physician to provide the functional limitations caused by you particular disorder(s). In other words, how does it restrict your ability to perform "work-like activities," such as sitting, walking, standing, bending, lifting-carrying, reaching, etc. It isn't enough to prove an impairment exists; you also have to prove how it keeps you form working.

Chronic back pain is often the result of degenerative disc disease of the spine. This may include bulging or herniated discs, pressure on nerve roots or the neural foramina, bone spurring (osteophyte complexes), or other long term spinal or neurological impairments. These are the type of impairments that Social Securrity may pay for. The key is to get your pain investigated and explained by a qualified physician.

Finally, a qualified attorney or disability advocate who knows how to prepare and adjudicate a Social Security claim may prove invaluable. In the first place, he or she can evaluate your claim and determine if you have a case worth filing and fighting for. If it is a solid claim, your representative can help you through the long, difficult process until you finally get paid.

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