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The spinal cord is critical to a person’s ability to move, navigate daily life, and manage discomfort. It is also one of the most delicate parts of the body. With various degrees of spinal cord injuries possible, the risk of serious, debilitating conditions that leave a person unable to work is very high.
Work with a spinal cord injury Social Security disability lawyer if you cannot work due to the implications of your injuries or debilitating condition. Our legal team at Pond Lehocky Disability can guide you.
How a Spinal Cord Injury Leads to Disability
A spinal cord injury is any damage to the spinal cord resulting from either traumatic or non-traumatic causes. Examples of causes include:
- Falls
- Car accidents
- Work injuries
- Tumors
- Degenerative conditions
- Vascular conditions
- Toxins
- Infections
- Birth defects
Spinal cord injury damage can range from mild, causing pain, to severe, leading to full loss of mobility and feeling. The location of the injury and the amount of damage to the nerves play a role in the outcome of the condition, including whether a person can recover from it or maintain ongoing losses. Since damage may not be easily remedied or repaired, and healing tends to be limited in severe cases, long-lasting implications from such injuries are not uncommon.
The World Health Organization (WHO) estimates that about 15 million people suffer from and live with a spinal cord injury, and many of them will not see significant improvement in their condition. This can impact quality of life, pain, mobility, and the ability to perform daily activities and responsibilities.
What Is the Most Common Cause of Spinal Cord Injuries?
Spinal cord injuries can happen for many reasons. Though some people are born with the condition and experience degenerative worsening, others suffer from it due to trauma. Traumatic injuries are some of the most common causes of debilitating spinal cord injuries, with motor vehicle accidents at the top of that list.
Traumatic injuries in general are more frequent than non-traumatic injuries. The impact from a truck or motorcycle accident, for example, can cause a severing of the nerves in the spine. Other traumatic injuries cause damage to the vertebrae that surround the spinal cord, creating intense pain with movement.
Can You Recover from a Spinal Cord Injury?
Some people may recover from a spinal cord injury, but others may not. The severity of the spinal cord injury is directly related to the type of damage, the location of that damage, and its severity. The American Spinal Injury Association has a grading scale that ranges from A to E, with A being a complete injury resulting in little opportunity to heal and E indicating full recovery is likely.
Those with an A rating typically lose sensory or motor function from the point of the spinal column injury and below. Those with incomplete injuries at a B, C, or D level have the opportunity to improve to some degree, though full recovery may take a long time. Not everyone with a B, C, or D injury will recover.
How Do You Qualify for SSD Benefits with a Spinal Cord Injury?
To qualify for Social Security Disability benefits from a spinal cord injury, you must demonstrate that the following apply:
- Your spinal cord injury directly prevents you from working.
- Your spinal cord injury prohibits you from working in any capacity, not just in your current job.
- Your condition will not likely improve or remain present for at least one year.
- Your injury is life-threatening.
If all or some of these apply, seek legal guidance from a Social Security Disability attorney with specific experience in spinal cord injuries. It will be necessary to meet specific qualifications based on your condition. Your lawyer will help you to know what those standards are.
Qualifying for SSD Benefits Over the Age of 55
One of the factors to consider when applying for Social Security Disability is your age. Some people who are closer to retirement age may still qualify for benefits even if they can do some types of sedentary work because of their medical-vocational guidelines, which are commonly referred to as “the grid.”
More specifically, the Administration considers your residual functional capacity of what you can still do despite your impairment, which often comes from your doctor’s opinion. Applying this information across a specific grid chart, which considers factors such as the exertion level, education, age, and past work, you might still qualify for benefits.
In short, this grid chart helps demonstrate whether you can switch jobs to do meaningful work. This may be daunting for someone 55 or older, but it can enable them to qualify for benefits.
What Not to Say in a Disability Interview
To obtain disability benefits, you may need to have an interview in which you will discuss your injuries and work abilities. Having a lawyer by your side throughout this process is critical to help you navigate this interview. There are several things you should never say during a disability:
- I can do some work, but not all work.
- It isn’t that bad.
- I feel better today.
- I have not tried treatment (or I gave up on treatment).
What Are Your Chances of Winning a Disability Claim for a Spinal Cord Injury?
The ability to win your case depends on how well you can demonstrate your losses and limitations. In one study, completed by the Government Accountability Office, the chances of winning with an attorney are three times higher than doing so without one. However, only about 38% of claims for disability benefits are approved the first time a person applies.
What Do You Do if Your Spinal Cord Injury SSD Claim Was Denied?
It is not uncommon for a spinal cord injury claim to be denied by the Social Security Administration. You can appeal your claim. To do so, you will need to work through the following steps:
- Request reconsideration, asking for a second look at your claim.
- Have a hearing with a judge if you disagree with their response.
- Have a review of the hearing decision if you still do not agree with it, done with the Appeals Council.
- File a claim to appeal the decision in federal district court.
How Can a Spinal Cord Injury Lawyer Help Your Case?
A spinal cord injury attorney becomes your advocate. After fully understanding your injuries and the impact on your ability to work, your lawyer will begin working to build a strong case for you. Our attorney will provide:
- Legal counsel and representation throughout the process
- Advocate for the medical treatment you need
- We are your ally, providing every opportunity possible to move your claim forward successfully
Call Pond Lehocky Disability Today for Help with Your Spinal Cord Injury Claim
Pond Lehocky Disability has the experience you can rely on for disability support. If you have a spinal cord injury that is keeping you from working, let our experience help you. We have over 250 years of combined experience and a track record of over 100,000 successful cases.
To schedule a free, no-obligation consultation with a spinal cord injury Social Security disability attorney, call 1-800-568-7500 or fill out our contact form today.
