Musculoskeletal Injuries: How Severely Impaired Must I Be?
Intentionally or not, the Social Security Administration has done a good job selling the idea that winning disability benefits is extremely hard. Bloggers (including me) write about the long delays and the arbitrary nature of decisions and the possibility of drawing a judge who would not approve a deathbed claimant. Clearly, claimants without compelling medical evidence are having an increasingly difficult time winning. Ten years ago, judges were much more likely to accept your testimony about your work activity limitations – now, judges are looking for extensive medical evidence. I often hear from, or end up representing disability claimants who have been denied at the administrative (initial application or reconsideration) and who are about ready to give up. Ironically, many of these claimants have cases that are…
Back Pain Claims Can be Challenging, But Can be Won
Cases of back pain, especially involving lower back problems, are some of the most challenging to prove in a Social Security Disability claim. Unfortunately, “objective medical findings” such as x-rays may not fully support a patient’s experience of pain and limited movement. A case of disability based on low back problems is sometimes a clear one – such as a case of a ruptured disk, particularly when surgery has failed to improve the condition. A case may also fall into the category of “other vertebrogenic disorders,” in the words of the regulation. In either case, in order to win the case, a claimant’s records must show: 1. Pain, muscle spasm, and significant limitation of motion in spine, and 2. Appropriate pain distribution and significant motor …