When Social Security Offers Financial Relief
Back pain can be debilitating and distracting enough to make working difficult, but to qualify for disability benefits you need to show that:
- Your back pain prevents you from working your current or most recent job.
- Your back pain is severe enough to stop you from doing any job.
- Your inability to work is going to last 12 months or longer.
It’s tough to convince Social Security you can’t work because of your health, even as painful symptoms and fatigue make it impossible to handle job responsibilities.
Getting denied disability benefits for back pain is common. But musculoskeletal disorders including back issues are also among the most common conditions people win benefits for.
If you need to make your case on appeal, a South Bend disability lawyer from The Morgan Law Firm can help.
Disability attorney Anne Morgan and her team have been helping people appeal and win the disability benefits they deserve for more than 15 years.
We know how personal this process is. Your back pain stopped you from working, and now you’re worried that you can’t provide for yourself and your family.
Many big law firms won’t give your disability claim the individual attention it deserves. You need a local lawyer who understands how important this is to you.
We won’t treat you like you’re just a case number. If you were denied disability benefits, we’re ready to assist you.
No attorney fee until you win benefits.
How Does Social Security Evaluate Back Pain Disability Claims?
Social Security runs two disability benefits programs:
Social Security Disability Insurance (SSDI) is for people who have worked and paid into Social Security but now find themselves unable to work.
Supplemental Security Income (SSI) doesn’t require a work history. It’s a need-based program with strict financial limitations for applicants.
Whichever program you apply for, you have to show that you can’t do a substantial amount of any kind of work. Your “residual functional capacity (RFC)” is key to your claim.
Your RFC measures the mental and physical capabilities you have despite your health problems. Social Security wants answers to questions like:
- How long can you sit, stand or walk?
- Can you bend, stoop, crouch or crawl?
- Can you type or perform other actions that require fine motor control?
- Can you lift and carry objects? How much weight can you lift?
- Can you push or pull objects?
- Can you maintain attention and concentration?
- Can you interact with others, like coworkers or members of the public?
- Can you carry out instructions?
The answers to these questions give claims examiners a better understanding of your limitations and what kind of work you can perform, if any.
If they think you can work some type of job, even with your back pain, your claim will be denied.
Social Security also has specific criteria for evaluating back pain claims related to specific diseases in its list of impairments, like compression fractures, degenerative disc disease, herniated discs, spinal stenosis, spondylolisthesis, scoliosis and forms of arthritis including spinal arthritis and rheumatoid arthritis.
An experienced Michiana disability attorney can tell you more about what Social Security looks for in a claim on appeal.
Get your FREE, no-obligation back pain claim evaluation.
What Do I Need for My Back Pain Disability Claim?
Answering the questions Social Security asks accurately and completely is just one part of this process.
It’s also critical that you support your claim with objective evidence. A claims examiner won’t believe you alone about your pain and limitations. They will want to see confirmation from other people, especially medical professionals.
No matter what specific ailment you suffer from, whether it’s degenerative disc disease or arthritis, you should enhance your back pain disability claim with items like:
- Your doctor’s diagnosis of your condition
- Reports from physical exams
- Results of medical imaging tests like MRI and CT scans
- Records of any surgical procedures you’ve undergone
- Evidence that you’ve tried different treatment methods (prescription medications, physical therapy, etc.) to alleviate your back pain
- Your doctor’s evaluation of how your back pain limits your capabilities physically and mentally
- Information about any mobility aids (walkers, canes, etc.) that you need to use
- Evidence that you’ve required accommodations at work, like extra breaks or a reduced workload
The more evidence you have, the more convincing your claim will be.
Many claims are still denied despite having evidence. It’s a good idea to know what comes after the Social Security Administration (SSA) decides to turn you down.
My Back Pain Disability Claim Was Denied. What’s Next?
Disability denials are common. Only around 35% of applicants get approved on their initial claims.
But getting denied benefits isn’t the end. There’s an entire appeals process, but you need to act quickly.
You have just 60 days to respond to the SSA after a denial, so be ready to take these steps:
Step #1: Review your denial letter.
Your denial letter should give a reason why your back pain disability claim was denied.
Some claims get denied because Social Security needs more information. Others get denied because a claims examiner agrees you have a health issue but debates its severity.
Knowing why you were denied helps you build your case on appeal and address the SSA’s issues with your original application for benefits.
Step #2: Organize your evidence.
Now’s a good time to take stock of all the medical evidence you have and make sure that nothing important is missing.
If you have newer test results, information from physical therapy sessions, or other updated medical records, add it to your file when you appeal so Social Security has a more complete picture of your health situation.
Step #3: Talk to a Michigan or Indiana disability appeals lawyer.
We don’t recommend trying to win a disability appeal on your own.
You’ve already seen how tough it is to go through the application process for SSDI and SSI when you’re preoccupied with worries about your health and finances.
The appeals process is even more demanding, and it gets more legally technical as you go through its stages.
South Bend disability lawyer Anne Morgan has deep experience with appeals. She knows how to build a convincing case for Social Security benefits at each stage, from reconsideration to Federal Court.
Our team will work with you and give your claim the personal attention it deserves during each part of your appeal. We don’t just meet with you on the day of your hearing like some lawyers from national law firms do.
You shouldn’t trust your back pain disability appeal to just anyone. Your financial stability is on the line.
You need a Michiana, South Bend or Elkhart disability lawyer who understands how important these benefits will be for you.
If you’ve been denied disability benefits, we want to hear from you. Initial consultations are free, and you don’t pay an attorney’s fee until you win benefits.