CERVICALGIA AND LUMBAGO: ARE THEY DISABLILNG?

Cervicalgia and Lumbago might qualify for disability benefits but it's not as simple as that.  First, let's define the terms.

Cervicalgia in the simplest terms is neck pain.  It is caused by three things.  One is gravity.  Your head weighs about 10 pounds and holding it erect all day puts enormous strain on the upper spine.  Another thing is muscle strain caused by overuse, such as gardening, yard work or sports.  A third cause of cervicalgia is degenerative disc disease or arthritis.

Lumbago is a word for lower back pain that doesn't radiate to the hips, buttocks or down the legs.  The reason for back pain may or may not be known.   While it is easy to diagnose, treatment is not so easy.

Now for the question, is lumbago or cervicalgia disabling according to Social Security rules?  The answer:  only if it causes you such severe symptoms that you cannot work.

Here are some general observations from my years as a Social Security disability claimant's representative:

1)  Social Security doesn't like to award benefits for subjective complaints of pain without objective medical findings which explain the cause of the pain.  In other words, they want to know the underlying cause of pain.  Is it degenerative disc disease, degenerative joint disease, a herniated disc, spinal canal or foraminal stenosis, etc.  They will prefer to have imaging (X-rays, MRI or CT scan) to show the cause of pain.  So, a claimant who says, "My back hurts a lot but I don't know why" has a very weak case.

2)   Social Security will need to be convinced that the symptoms of pain could reasonably be produced by the impairments shown in the objective medical evidence.  In other words, is it reasonable from a medical point of view that your medical condition would produce as much pain as you claim?

3) Social Security decision makers must evaluate how back or neck pain restricts certain work related functions:  sitting,standing, walking, bending, lifting, reaching, etc.  They must also determine the degree of restrictions.  For example, can you sit, stand, walk, bend or reach on a constant, frequent or occasional basis?  

4)  Finally, the decision maker must determine how your restrictions impact the occupational base -- or ability to perform jobs which exist in the national economy.  With your age, education, past work experience and residual functional capacity, are you restricted to sedentary, light, medium or heavy exertion levels?  What type of jobs and how many jobs exist in the national economy for persons with these restrictions?  There are generally two sets of guidelines:

A.  Persons age 50 or over who cannot perform their past relevant work and would be limited to sedentary work are generally disabled.  This may not be true for younger individuals.

B.  Persons under age 50 ("younger individuals") may not be disabled, even if they are no longer able to perform any of their past work.  They may be found able to perform "other jobs" which exist in the national economy.  For instance, a 45 year-old individual who was once a construction worker may not be able to perform construction work any longer.  However, if he can do the work of a garment folder, inspector or small parts assembler he will be found not disabled and not eligible for benefits.

It takes a great deal of knowledge and skill to piece together a scenario that finds a person qualified to receive benefits\ under the regulations.  It's not as simple as presenting a medical record that shows complaints of neck pain or back pain. You must show severe symptoms (explained by tests and objective findings) which severely erode the occupational base.  Then, if the judge is sympathetic, you may be awarded benefits.

THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
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