Types Of Disability Benefits For Back Pain
You may qualify for disability benefits for back problems if you become unable to work. You can get benefits from the government, your employer, or an insurance company.
This list covers the options for disability benefits in Canada:
Lets go over each, so you know whether you qualify, how to apply, and how to appeal if they deny your claim.
Get Help With Your Arthritis Claim
Once you do apply for Social Security Disability benefits, the time it takes for an actual approval will vary. In most cases it will take anywhere from three to five months before you receive a decision as to whether or not you have been approved for Social Security Disability benefits.
If your initial disability application is denied, your first appeal can take three months or more to process. If, at that point, you are still denied Social Security Disability benefits, you can request a hearing. This hearing will take approximately 12 more months to complete.
However, you may want to consider hiring an attorney at this point to help you through this stage of the application process and to protect your interests in your disability claim. Complete the Free Case Evaluation on this page today to get in touch with a lawyer that takes cases in your area!
Blue Book Listings For Degenerative Arthritis
The Blue Book is a list of conditions that qualify for Social Security disability. Under each condition is a list of qualifying criteria. If your diagnosis meets all the criteria for that condition, you are eligible for disability based on the Blue Book listing.
Although the Blue Book has no specific listing for degenerative arthritis, it does have two listings under which you might be able to qualify: major dysfunction of a joint and disorders of the spine . The criteria for getting benefits under the listing for major dysfunction of a joint are as follows:
- The joint must have a physical abnormality .
- You must present MRI evidence of joint narrowing, joint fusion, or bone or cartilage destruction.
- The condition must cause you to have restricted mobility and chronic stiffness.
- You must prove that you have difficulty walking or using your hands.
To receive benefits for a spine disorder under listing 1.04, you must meet at least one of the following criteria:
- Spinal stenosis
- Arachnoiditis
- Nerve root compression
Most recipients of Social Security disability do not qualify based on a Blue Book condition, as the SSA is very strict when holding an applicants condition up against the required criteria. If you do not meet the Blue Book criteria, you can apply with a Residual Functional Capacity test.
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Diagnostic Imaging Helps But Credibility Is Key
The most common reason that long-term disability claims for back problems get denied is lack of objective evidence of disability. However, you can seek out diagnostic imaging to prove the disorder. This evidence alone isnt enough to win disability benefits, but it is valuable for your case. It can help show your pain is legitimate.
Make sure to tell the doctor about your problems and pain in detail. Then, they will choose an imaging technique that fits and analyze the results for a diagnosis.
The most common imaging techniques are X-rays, CT scans, and MRI scans. X-rays can check for instability in the structure of the bones to find issues such as spinal fractures. CT scans are more detailed than x-rays. They can image specific conditions such as spinal stenosis or a bulging disc.
MRI scans are used to assess details of the disc and nerve root. They allow doctors to identify disorders like degenerative disc disease, bulging discs, and spinal stenosis. An important note about MRI results is that there is no accepted link between back pain and what can be seen on an MRI. This is where credibility becomes very important.
One of the best ways to build credibility is to try a variety of treatments for your back pain. You will have a much better chance of getting disability benefits for back problems if you work with professionals who can back up your claims.
Credibility killers:
Credibility boosters:
Is Arthritis Considered A Disability By The Canadian Government
Arthritis is a dynamic physical disability with over a hundred unique types of arthritis that have been discovered. The pain ranges in severity, and can be localized to specific spots on the body, such as the back, neck, hip, knees, or feet. At its worst, symptoms of arthritis can become chronic, resulting in constant discomfort.
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Is Osteoarthritis Classed As A Disability
Is Osteoarthritis a Disability? Osteoarthritis can be considered a disability by the SSA. You can get Social Security disability with osteoarthritis. When you apply for disability benefits, your diagnosis and medical evidence to back up your diagnosis needs to match a listing outlined in the SSAs Blue Book.
Can I Get Disability For My Arthritis
To decide whether you should be approved for disability based on your arthritis, the Social Security Administration goes through several steps. If you are working, the SSA will first determine whether you are working above the substantial gainful activity level. For 2021, this amount was $1,310 or more a month. This means that if you earn $1,310 or more per month, the SSA will find that you are engaged in SGA, and your claim will be denied.
If the SSA determines you are not working at the SGA level, it will next determine whether your arthritis is expected to last at least 12 months and is a “severe” impairment. Under the SSA’s standards, a “severe” impairment is one that causes a significant impact on your ability to do work-related activities.
At the next step, the SSA must determine whether your arthritis meets one of the conditions established in the SSA’s Listing of Impairments if your arthritis meets the criteria under a condition in the Listing of Impairments, your claim for disability will be automatically approved. If it doesn’t, you may still be able to get disability benefits another way .
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Overview Of Back Pain
Back pain is one of the most common orthopedic issues experienced by adults in the United States. It often leads to missed work, is a leading cause of disability worldwide, and can result in a variety of secondary conditions. Symptoms of back pain can vary, including:
- Shooting pain
- Burning or stabbing sensations
- Cramps or spasms
Back pain may be exacerbated with bending, twisting, lifting, standing, or walking. Generally, back pain will gradually improve with home treatment and self-care within a few weeks. However, individuals with back pain should see a doctor if the pain:
- Persists past a few weeks
- Is severe and does not improve with rest
- Spreads down one or both legs, especially if the pain extends below the knee
- Causes weakness, numbness, or tingling in one or both legs
- Is accompanied by unexplained weight loss
Importantly, back pain often develops without an identifiable cause however, common conditions linked to back pain include:
- Muscle or ligament strains repeated heavy lifting or a sudden awkward movement can strain back muscles and spinal ligaments
- Bulging or ruptured disks soft material inside a disk can bulge or rupture and press on a nerve, causing pain
- Arthritis can lead to a narrowing of the space around the spinal cord
- Osteoporosis vertebrae can develop fractures causing pain
Common treatments for back pain include the following:
- Over-the-counter pain relievers
- Muscle relaxants
Generally, surgery is reserved for very severe cases of back pain.
Posture And Joint Health
Having poor posture can have a very negative impact on your joint health. It’s important to stand and sit in the correct positions so that you don’t put undue strain on muscles, ligaments and joints.
It’s also important not to remain in one position for too long. Regularly moving throughout the day is good for your health.
Regular walks and stretches can do you the world of good. Think of the phrases ‘your best posture is your next posture‘ and ‘motion is lotion‘ to remind you the importance of not sitting still for too long.
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If Youre Not Sure If Your Impairment Is Substantial Or Long Term
Get advice from your doctor or other medical professional. You could ask them to tell you:
- how long your impairment is likely to last and whether its likely to get worse
- what would happen if you stopped your medication or other treatment
- if there are any activities you should avoid
You doctor might also be able to help you prove you have a disability if you need to later on.
You can also try keeping a diary for a while write down what you do, what you find difficult and why. This might make it clearer how much your impairment is affecting your normal day-to-day activities. Your friends and family might also be able to help you think of ways youre affected.
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Types Of Disability Benefits In The United States
There are two federal disability programs in the United States, Social Security Disability Insurance and Supplemental Security Income . Both share one requirement: the person who receives the funds has to have a disability that affects their ability to work. However, the programs are different in other ways.
Social Security Disability Insurance gives disability benefits to those who have previously worked for a required time period in the recent past. SSDI benefits are funded through payroll taxes. If you are approved, you can receive benefits starting six months after you became disabled. If you have been disabled for at least a year, you can get back payments of disability benefits from that year. You are eligible for Medicare 24 months after your SSDI benefits began.
Supplemental Security Income gives disability benefits to those who have not worked the required time period and have limited funds. If you are approved, you can receive benefits in the next month. You may also be eligible for back payments of SSI if you became disabled before your SSI approval.
Almost all states provide additional benefit supplements for SSI recipients but Arizona, Mississippi, North Dakota, and West Virginia do not. Many of the states that offer an SSI supplement have their own eligibility rules.
Its possible to get both SSDI and SSI if you have very limited funds and also have a work history.
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Do You Need Representation
Though initially designed to make it easy for people to represent themselves, it did not take long for attorneys and representatives to become involved in the disability process. Representation in a Social Security Disability case can be valuable since:
- Learning the details of the system can be difficult.
- Rules are increasingly complex.
- Experts know the details of the process.
- Experts may improve your odds of winning disability benefits.
I Cant Continue My Job Due To Back Pain Can I Get Social Security Disability Benefits
Back pain is an extremely common ailment. It is one of the most common reasons people miss work, and can seriously affect your ability to perform your job functions, especially if you have a very physical job that requires prolonged standing and lifting. Depending on the cause of your back pain, you may qualify for Social Security Disability benefits.
In order to be eligible for Social Security Disability benefits, one must have worked and paid taxes on their earnings. Social Security Disability benefits are available for those who have a severe impairment that has kept them from working which will last or is expected to last for at least one year. Social Security follows a 5 step process when determining your eligibility for benefits. First, you will establish your date of disability , and must not have earnings after that date that surpass substantial gainful activity levels. You also must have medical records which establish your alleged onset date in other words, documentation that your pain began occurring around the date when you state that you became disabled and unable to work. Therefore, it is important to seek treatment from your providers when you are experiencing back pain.
If you are experiencing back pain as a result of a diagnosed condition and are unable to continue working, LaBovick Law Group is here for you. Contact us at 625-8400 for a free case evaluation.
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What To Do If You Want To File For Disability
Its not uncommon for people with rheumatoid arthritis to seek disability. In one study, 35% of patients ended up filing for disability within 10 years of their initial diagnosis. If you are suffering from this condition or any others and are no longer able to work, there is help available. How much money youll receive is dependent on the income you received in the past.
Keep in mind, SSA disability is different than Long Term Disability , which is typically offered through an employer and often has limitations on how long you can receive benefits, where SSA does not. It is possible to receive both, however, LTD benefits can interfere with how much SSA you qualify for.
If youre ready to file for disability, the first step is to work with an attorney or disability advocate. Because the SSA application and approval process is complex and can take a long time, working with an experienced attorney can help you make sure you fully complete all the necessary steps, and they can help you file for an appeal should you need to.
At The Law Offices of Kenneth Hiller, PLLC, our attorneys offer skilled guidance through the SSA disability application process. We have successfully represented thousands of clients in Buffalo New York. Contact our office today for a free consultation.
Understanding Back Pain Va Ratings
Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. The following spinal conditions are all rated under the same general rating formula:
The general rating formula that is used to rate the conditions listed above is mainly based on range of motion measurements. The cervical spine and the thoracolumbar spine are rated according to the following criteria:
| Rating | |
|---|---|
| Entire spine is frozen in an unfavorable position | Entire spine is frozen in an unfavorable position |
As you can see, ROM measurements play a significant role in rating spinal conditions. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. Also, the VA requires that all ROM measurements be taken with a goniometer. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results.
In addition to the ROM measurements, the general rating criteria for spinal involves whether the cervical and/or thoracolumbar spine is frozen in a favorable vs. unfavorable position. A favorable position means the ROM measurement for flexion or extension is 0 degrees. Unfavorable means any position that is not 0 degrees in flexion or extension.
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Social Security Disability Insurance
Social Security Disability is an insurance program paid by your FICA taxes.
All working Americans contribute 7.65 percent from every paycheck to the Federal Insurance Contributions Act taxes.
Under the Federal Insurance Contributions Act, FICA taxes total 15.3 percent of your earned income. A total of 12.4 percent of your earned income is paid into Social Security, an additional 2.9 percent of your earned income is paid into Medicare. If you are an employee, you pay only half the FICA taxes , your employer pays in the other 7.65 percent. People who are self-employed pay in the entire 15.3 percent).
Some of that payment goes toward disability insurance coverage by the Social Security Administration. However, bureaucratic problems plaguing Social Security Administrations Disability Insurance program often prevent the fair and speedy distribution of disability benefits to people who are eligible.
How To Get Disability For Back Pain
Back pain is an incredibly common condition, with as many as 80% of all people expected to experience back pain at some point in their lifetimes, according to the American Chiropractic Association . Additionally, the ACA notes that back pain accounts for over 265 million lost hours of work every year. It is one of the top reasons people miss work, and it is the single leading cause of disability. All this to say, if you’re currently experiencing debilitating back pain or have been unable to work in the past due to back pain, you’re not alone!
But, do you qualify for disability for your back pain? And, if you do, how do you actually get your Social Security disability benefits?
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What Are The Symptoms Of Arthritis
Symptoms of arthritis include pain and stiffness in your joints, inflammation around the joints and limited joint movement. There are many different types of arthritis, each with different symptoms.
Its normal to experience aches and pains, especially if youve carried out strenuous activity. But if your symptoms are unexplained, dont go away within a few days or if they are impacting your day-to-day life, you should visit your doctor.
Was Your Va Claim Denied
The accredited attorneys and advocates at Chisholm Chisholm & Kilpatrick LTD have decades of experience successfully representing disabled veterans and their families before the Department of Veterans Affairs, the Court of Appeals for Veterans Claims, and the Federal Circuit. We may be able to help if your claim was denied. Contact us today at 800-544-9144.
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