BACK PAIN AND SOCIAL SECURITY DISABILITY

The human spine is made up of 33 moving parts.  And it is probably the most overworked part of the body.  No wonder, then, that we have back pain.  Social Security awards more benefits for musculoskeletal problems than for all other impairments.  Back pain can certainly be disabling.

How will Social Security evaluate a claim based on back pain?

First, Social Security will want objective medical evidence showing the cause or source of the pain.  Ideally, this will be an MRI which can picture problems like herniated or bulging discs, canal stenosis, osteophyte formations, or other forms of degenerative disc disease.  Social Security will not pay benefits merely because of a subjective complaint of back pain.

Second, they will look to see if your symptoms could reasonably be caused by the medical condition(s) specified in your medical records.  In other words, does your doctor diagnose an impairment that could reasonably result in a lifting limitation, difficulty in stooping, reaching, standing, walking or sitting?  In short, how does your medical impairment translate into your ability to perform work related activities?  The maximum you can still do, even with your condition(s), is called your "residual functional capacity" or RFC.

Third, Social Security looks at the kind of work you have done over the past 15 years prior to filing a disability claim.  Do you have back problems that would interfere with your ability to perform all of your past work?  The harder your past work was, the more likely you can't do it.

If you are under age 50 (in some cases 55), they will consider other work that you might be able to do.  For example, if your past work required standing for 8 hours a day,frequent bending, and lifting up to 50 pounds, they might conclude that you can no longer perform that work.  But, since you are a younger individual, you may be able to perform easier work--such as a small parts assembler, inspector or laundry folder.  If so, the claim will be denied.

Your attorney's job is to craft a case which proves (a) you can't perform your past relevant work and (b) there is no other work in the national economy that you could perform based on your

• age
• education
• past work experience
• residual functional capacity (RFC)

Establishing the residual functional capacity (RFC) is critical.  The RFC just means "What is the most you can do in terms of work-like activity in spite of all your impairments?"  To win your case, the RFC must show severe restrictions in the physical and/or mental ability to do all substantial gainful activity (work).  Medical records must make this conclusion possible. 

So, the approach to winning an SSDI claim based on a back impairment is calculated and pre-determined.  We know before hand exactly what we must prove and what is required to prove it. We understand that the judge will be using a mandatory five step process to evaluate the claim. He will be checking off rules and regulations as he conducts the hearing. That's why a claimant walking into a hearing without this technical knowledge is almost certainly doomed to failure, especially if it isn't an obvious worst-of-the-worst illness.

An experienced Social Security advocate or attorney can provide valuable services, not the least of which is evaluating your claim early on to see if it has a chance.  Also, he/she will pull the required evidence, evaluate it and craft the case to take advantage of published listings and medical-vocational guidelines that Social Security uses to decide whether you can get benefits or not.
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Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

CALL US:  (256) 799-0297

EMAIL US:  forsythefirm@gmail.com

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