SPINAL DISORDERS & SSD BENEFITS – LISTING 1.15
SSD BENEFITS FOR SPINAL DISORDERS
Spinal disorders can keep you from working and you may need to replace your income with SSD benefits. Do you have a spinal condition that prevents you from working? To qualify for Social Security Disability (SSD) benefits and SSI benefits, the SSA requires you to have a severe medical condition that lasts for at least one year.
This means that MRI’s, CT scans, or x-rays, should show show that you cannot work for over 12 months due to your spinal disorder. It also means you will need ongoing, monthly treatment from the doctor to prove your spinal condition to the SSA. Your treating doctor should submit all of your medical records and write a letter to the SSA stating why you cannot work. Without medical records and the support of your doctor, you will not win benefits.
Some spinal conditions don’t produce pain, even if the disc is damaged. However, the pain from a spinal condition can prevent you from working 40 hours a week. Therefore, if you have spinal arthritis, but you do not have pain or limitation of motion, then you are unlikely to win benefits.
Millions of people suffer from spinal disorders. It is one of the most common reasons people file for SSDI and SSI benefits. Social Security approves only the most severe cases of back pain. Likewise, they only approve claims that have medical evidence which shows you cannot work at any job. Most people who apply for benefits due to spinal conditions have already had surgery. They may be experiencing lumbar pain that radiates down their legs and prevents them from lifting, standing, walking, and sitting.
The SSA recognizes spinal conditions under Listing 1.15. Below you will find a copy of the current back listing. Review information about the previous back listing. If you can show you have a nerve root compression, spinal arachnoiditis, or lumbar spinal stenosis, then you may meet SSA’s rules to receive benefits.
TWO FORMS OF SOCIAL SECURITY BENEFITS
If you have a spinal disorder, then there are two forms of benefits for which you can file an application: Social Security Disability Insurance benefits and Supplemental Security Income benefits. You can file an application on Social Security’s website. Below, you can find an explanation as to each type of benefit you can apply for:
Social Security Disability Insurance (SSDI):
SSDI benefits are for those who work and can no longer work at any job due to a severe medical condition. The amount of money you will receive in SSDI benefits every month is based on the taxes you paid during while you were working. To qualify for SSDI, you must have earned enough “work credits.”
A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you need to be eligible for benefits depends on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, then you can only file for Supplemental Security Income benefits.
Supplemental Security Income (SSI):
SSI is a needs based benefit and it is for people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income of those in your household, not just your income and assets. If you have a spouse who earns more than $4000 a month, for example, then that income will prevent you from getting SSI benefits. You cannot win SSI benefits, no matter how severe your medical condition, if you do not meet the income and asset rules for SSI.
MOST COMMON TYPES OF CHRONIC SPINAL DISORDERS
The most common type of spinal conditions for which people file for SSDI and SSI benefits is degenerative disc disease. There are four regions of your spine and the most common region for pain, arthritis and injury is the lumbar spine. The other three regions are the cervical spine, (which is the neck), the thoracic spine (the middle and upper back), and the sacral spine (the pelvic area). The most common cause of back pain is osteoarthritis or degenerative disc disease. Another common cause of back pain is severe scoliosis.
Back pain can be acute or turn into chronic back pain. Acute back pain is short term pain. It will last for a few days to a few weeks. Normally, if your spinal condition is due to overuse or moderate injury, then the pain will go away after rest, icing and heating the muscles.
Chronic spinal conditions continue for 12 weeks or longer. For example, chronic back pain results in ongoing symptoms, such as muscle spasms, limited movement, shooting pain, and numbness in your arms and legs. If the pain is due to a herniated disc that is compressing your nerves, then you might require surgery. Sometimes, your doctor will need to do a combination of treatments. Learn about spinal cord injury.
SSD PAYMENTS FOR BACK PAIN FALL UNDER LISTING 1.15
SSA issues rules that define how to win SSD benefits for back. For example, SSA Listing 1.15 requires a back condition that is causing compromise of a nerve root. When a nerve root is damaged this results in pain. It can also cause muscle spasms and loss of sensation in your arms or legs. Nerve root pain can result in being unable to sit, stand, and walk. The listing the SSA uses for severe spinal conditions is:
SPINAL DISORDERS UNDER LISTING 1.15
1.15 Disorders of the skeletal spine resulting in compromise of a nerve roots documented by A, B, C, and D:
A. Neuro-anatomic distribution of one or more of the following symptoms consistent with compromise of the affected nerve roots:
AND
PART B OF LISTING 1.15
B. Radicular distribution of neurological signs present during physical examination or on a diagnostic test and evidenced by 1, 2, and either 3 or 4:
2. Signs of nerve root irritation, tension, or compression, consistent with compromise of the affected nerve root.
3. Sensory changes evidenced by:
b. Sensory nerve deficit (abnormal sensory nerve latency) on electrodiagnostic testing; or
4. Decreased deep tendon reflexes.
AND
PART C OF LISTING 1.15
C. Findings on imaging consistent with compromise of a nerve roots in the cervical or lumbosacral spine.
AND
PART D OF LISTING 1.15
D. Impairment related physical limits of musculoskeletal functioning that has lasted, or is expected to last, for an ongoing period of at least 12 months, and medical documentation of at least one of the following:
1. A documented medical need for a walker, bilateral canes, or bilateral crutches or a wheeled and seated mobility device that involves the use of both hands; or
2. Unable to use one upper extremity to independently initiate, sustain, and complete work related activities involving fine and gross movements, and a documented medical need for a one handed, hand held assistive device that requires the use of the other upper extremity or a wheeled and seated mobility device that involves the use of one hand; or
3. Unable to use both upper extremities to the extent that neither can be used to independently initiate, sustain, and complete work related activities that involves fine and gross movements.
HOW TO MEET LISTING 1.15 AND WIN BENEFITS FOR SPINAL DISORDERS
In order to win SSD benefits, you must have a spinal disorder that meets all of the elements in listing 1.15 from SSA’s “Blue Book.” If you meet listing 1.15, then you will win benefits at step three of the disability review process.
The SSA reviews your medical records and compares your symptoms to those in the listing. If you have all of the symptoms and elements on the listing, then you “meet” the listing. Meeting the listing is difficult to do. But, if your medical condition does meet the listing, then you will win SSDI and SSI benefits. Learn what it takes to meet the SSA listing.
It is also possible to “equal” the listing and win benefits. In order for the SSA to find that you have a medical condition that is equal to a listing, your back symptoms must be equal in severity and duration to a medical condition on SSA’s list. To understand this idea, think of not having all of the symptoms you need to meet a listing, but perhaps you have two severe medical conditions. Those two conditions, when combined, can “equal” the severity of one listing. For example, perhaps you have a spinal condition and ankle arthritis. Together, those two conditions may equal a listing.
SPINAL DISORDERS THAT QUALIFY FOR SSD BENEFITS
Most people with back pain will have seen a doctor and a surgeon. First, your pain will be so severe that you will have trouble standing, sitting, and walking. Lifting heavy weights will also be out of the question. Usually, if you have lower back pain, the pain will radiate from your low back down one of your legs. Sometimes, pain can go down both legs. This pain is sciatica. The causes of it is usually a pinched nerve. This can occur from a disc bulge or herniation. Sciatica and back pain impairs your ability to walk, sit, stand and lift.
Likewise, you can also have neck pain. Arthritis in the upper back and neck can cause pain down your arms. It can also cause headaches. For instance, if one of the discs in your neck degenerates, it might pinch a nerve that goes into your arm. Your arm will feel numb, like when you arm falls asleep. Also, you might have pain and be unable to use your fingers to perform tasks, like picking up coins. Learn how to win SSD benefits for neck pain.
TREATMENT FOR CHRONIC SPINAL DISORDERS
Treatment for chronic back and nerve pain usually requires physical therapy, medications, and steroid shots. If conservative treatment does not work, then your doctor will recommend surgery. Before having surgery, make sure you find a surgeon who has an excellent reputation. Also, try everything you can to cure your back pain before having surgery. Only have surgery if you fail more conservative measures.
For example, you should try physical therapy and pain medications. Also, try massage, yoga, and go to the chiropractor. If you try all of these treatments, then you will know if any treatment makes your pain go away. If it does not, then surgery may be your only remaining option. Once you have surgery, you may be able to return to work. If not, then you may have a failed back surgery. If you have failed back surgery, then you need to apply for SSDI and SSI benefits.
APPLY FOR SSDI AND SSI BENEFITS IF YOU CANNOT WORK
Many people wait to apply for SSD benefits because they think their spinal disorders are going to get better. For example, you may have hurt your back on the job. After physical therapy and other treatment, your doctor might decide you need surgery. Perhaps you believe that once you have back surgery you will be able to return to work. Unfortunately, there are times when surgery does not work.
If you wait to apply for benefits until after back surgery, then you miss out on months or years of SSD benefits. This is money that you need to support yourself while you are not working. Benefits can also provide health insurance. For example, you can be eligible for Medicare benefits or Medicaid benefits. You need health insurance to obtain surgery or get treatment for back pain.
If you have severe back pain and cannot work, then you should apply for SSD benefits. You should not wait to apply until you get better or until you think you will no longer have back pain. SSD benefits are based upon the number of years you work and the amount of money you earn. The amount of the monthly benefit is different for everyone. If you have not been able to recover after a back operation and you are still using a cane or walker, then you can probably win benefits.
WIN SSD BENEFITS BY PREPARING FOR YOUR HEARING
Our lawyers believe the key to winning your SSA hearing is the development of your medical record. You develop a good case by getting all of your medical evidence.
For example, if you have spinal disorders, then you will need opinion evidence from your doctor. Our goal is to help you obtain that opinion evidence. We will also need information about your past relevant work. When we have good evidence, we can present a clear theory of your case to the Judge. All legal arguments must agree with the medical evidence. Having an experienced SSD lawyer to present your case plays a crucial role in winning benefits.
There are around 1400 ALJ’s in the United States. These ALJ’s conduct 750,000 hearings per year. Some judges grant a high number of cases. However, some grant a very low number of cases. Most judges fall somewhere in the middle in terms of how many cases they grant. Your attorney should know the judge and the expert witnesses. It is possible for a judge to call a medical expert and a vocational expert to testify at your hearing.
You will also have to testify at the SSA hearing. It is our job to prepare you to testify. You are the person who can testify about your pain and back symptoms. We have the legal experience to properly present your case.
WE CAN WIN SSDI & SSI BENEFITS FOR SPINAL DISORDERS
An attorney with experience can be the difference between losing or winning your disability hearing. Hire the best disability attorney to help you. Contact Cannon Disability Law to see if you are eligible for SSDI benefits or Supplemental Security Income benefits. We can often tell you over the phone if you have a good case. Please call us. Tell us why you cannot work. We also need to know who your doctors are and if you have already sent in an application for benefits.
You should hire us because we have won over 20,000 SSDI and SSI claims for our clients. Our law firm has a very high success rate for winning SSD benefits for spinal conditions.
Our attorneys practice in Utah, Nevada, Idaho, and California. However, we can represent you no matter where you live. Likewise, we practice in Nevada and Idaho on a routine basis. Also, we have attorneys that are members of the bar in those states.
Additionally, Dianna Cannon is a member of the bar in California. Don’t wait to contact our law firm today, because your monthly benefit doesn’t start until you apply. Therefore, every day you wait to apply is a day you lose benefits. Call now and start the process to win SSDI and SSI benefits for spinal disorders.
