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Quick Answer
Back and spine injuries are often debilitating and can prevent you from working either permanently or for an extended period of time. Musculoskeletal injuries are very common, and many applications for Social Security Disability (SSD) benefits are often related to injuries of the back or spine. The Social Security Administration (SSA) reviews all claims for back and spine injuries and either approves or denies them for benefits.
But how does this process work? What are the steps for applying? Many people have questions surrounding the SSD application process for back and spine injuries. Our Social Security Disability lawyers can help break down what you need to do for your claim and assist you every step of the way.
Types of Back and Spine Injuries that Qualify for Social Security Disability
Several types of back and spine injuries qualify for SSD benefits:
- Osteoarthritis
- Vertebral fractures
- Spinal arachnoiditis
- Scoliosis
- Herniated or bulging discs
- Degenerative disc disease
- Spinal stenosis
- General spinal cord injury from physical activity
- Spinal fractures and trauma
The list above is short and does not cover every single back and spine injury. These are just the most common injuries that are typically seen on SSD applications. If you do not see your specific back or spine injury listed here, do not give up hope for a claim. Remember, as long as you have concrete medical evidence and documentation that can illustrate your injury, it is possible to receive benefits. Either way, consulting with a lawyer can help you understand your unique circumstances and what you can do to receive benefits.
Back Surgery and Social Security Disability
Many people with back problems due to surgery often ask if they can also qualify for SSD benefits. Back surgery on its own is not a sufficient reason and will likely lead to rejection. For example, if all of the evidence you supply is just related to the surgery you obtained, it is not likely that the SSA will find that reason enough to give you benefits. However, if your doctor says, and labs can show, you are unable to work after back surgery, you may have a claim. Again, it depends on how the surgery impacted you, but the act of simply getting surgery and the recovery time associated with it is not grounds for benefits.
How Does the Social Security Administration Evaluate Back and Spine Injuries?
The SSA will conduct a thorough investigation of your back or spine injury claim. Since many applications for SSD benefits are often related to the back or spine, the SSA has a standard way of evaluating them and determining whether benefits will be distributed.
Diagnostic Tests and Medical Documentation of Your Injury
The first thing the SSA will examine is diagnostic tests of your back or spine, and the medical history and documentation you provide. It is important that when you file your application, you are as thorough as you can be. Do not leave any gaps in your treatment history, and be specific about your injury and how debilitating it is.
It is better to be extra thorough in this case. The more evidence you can gather and submit, the less chance there is of any delays or denial. If the SSA needs more information, they will reach out to you for more evidence or have an interview with you about your condition and how it affects your daily life.
Evaluating Whether You Can Return to Work
After the SSA looks at your medical history, they will try to assess whether you can feasibly return to work or work in a limited capacity. This will use the guidelines set by their “blue book”—a resource containing all of the medical criteria needed to determine the severity of a disability—to make their decision. How much you will receive in benefits will depend on whether or not they feel you can return to work or continue to work in some way.
Credibility and Opinions from Doctors or Medical Professionals
When evaluating your case, the SSA will often seek the opinions of doctors or medical professionals to evaluate the credibility of your application. This is not to say that the SSA automatically thinks you are lying or exaggerating. They will reach out to your healthcare providers to see if the evidence you submitted is accurate and reflective of your reasoning behind obtaining SSD benefits.
How Long Does It Take to Get Approved for Back and Spine Injuries?
It generally takes three to six months to get an initial response for back and spine injuries. However, that response may not contain a definitive answer. The SSA will often follow up with additional requests for evidence or conduct an interview, which means that most back and spine injuries will generally take four to five months to be fully decided. Either way, if you need your benefits, it is best not to delay. File your claim as soon as you can to get the process started.
How to Handle Denial or Early Termination of Benefits
It is not uncommon for the SSA to outright deny your claim, even if you had sufficient medical evidence demonstrating your need for benefits. On the flip side, it is also not uncommon for them to terminate your benefits early because you have recovered enough to work or because you are not following your treatment plan. In either instance, know that you can file an appeal and challenge these decisions.
Filing an appeal and going against the SSA can be a steep uphill battle, especially while you’re focusing on your health and well-being. By retaining an experienced Social Security Disability lawyer, you can rest while they handle all of the work for you and represent your best interests at all times.
Get Help from Pond Lehocky Disability Today
Our Social Security Disability lawyers here at Pond Lehocky Disability will do more than just file paperwork. With over 100,000+ cases won, we have the legal experience to help clients get the benefits they deserve from the SSA.
Do not let rejection or early termination cut your benefits short. Allow us to help you today with a free consultation at no risk to you. Contact us to schedule an appointment.