When Does Back Pain Become A Disability?
Millions of people around the world suffer from back pain. This pain can vary in severity from a mild temporary ache to chronic debilitating agony. Many people with back pain don’t realize that their condition could legally be classified as a disability and they could be eligible for various social security benefits. The question is: at what point does back pain meet this legal classification? This post explores this topic in more detail.
When is it legally classed as a disability?
Not all back pain is considered a disability in the US. The SSA (Social Security Administration) requires any health condition to meet certain criteria before it becomes an established disability:
You’ve received a medical diagnosis supported by documentation and tests such as MRI scans, CT scans or x-rays.
You’ve had the pain for 12 months, or it is expected to last for 12 months (or it is a condition likely to result in death).
You are able to prove that the disability prevents you from carrying out certain work-related tasks (like lifting or sitting in a chair for long periods).
What are some back conditions classed as disabilities?
Based on these criteria, a few of these conditions might be classed as disabilities.
A herniated disc
A herniated disc can compress nerves in the back leading to pain, numbness and weakness in limbs (like sciatica), which could be classed as a disability.
Spinal stenosis
This is when the spinal canal narrows causing instability and pain, which can severely limit mobility and ability to work.
Degenerative disc disease (DDD)
Those with DDD experience a lot of pain as a result of discs in the spine deteriorating, which can make many everyday activities very challenging.
Failed back surgery/treatment
A botched back operation, injection or chiropractic treatment could lead to lifelong pain and be classed as a disability with sufficient evidence.
How can you apply for SSA?
To apply for benefits like SSDI (Social Security Disability Insurance) and SSI (Supplementary Security Income), the SSA requires individuals to complete an application form and present various documents. This can be a complex application process that many people need assistance with - consultancy firms and legal firms as found at impactdisabilitylaw.com can guide you through the process and also help you make an appeal if your claim is rejected.
The SSA puts great focus on functional limitations, so make sure to collect evidence from doctors and employers that shows how the pain has had a debilitating effect.
What other types of disability compensation are available?
Even if you can’t apply for SSDI or SSI, you may still be able to get some financial compensation for certain types of back pain. Many private insurance companies have less strict criteria and may be able to provide compensation. If a back injury occurred at work, don’t also forget to consider a worker’s compensation claim - you could be owed money to pay for recovery or treatment. Some charities may also be able to provide help if you need treatment but can’t pay for it.
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