I am a former claims examiner for social security and have reviewed many disability cases over the years and learned the important information that the state wishes to know to improve one’s chances for receiving benefits.
MRI: HERNIATED DISC DISABILITY BENEFITS
Back pain is one of the commonest reasons individuals apply for social security benefits. The cause is frequently due to a herniated disc but may also be due to trauma resulting in a spinal fracture.. The pain is usually located in the lower back and may spread down one or both legs.
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f there is sufficient pressure on a nerve root from the disc one may experience weakness in the leg causing difficulty in walking. Social Security requires that an MRI of the spine be in the medical record or at least an X-ray to prove you have an abnormality involving your spine.
A physician merely stating that your pain is due to a disc is not acceptable..You must have records of your treatment which specialists at the state level will review. In addition, another rule states that the impairment must last at least 12 months. Sometimes, pain and difficulty on walking may be present in the beginning, but with treatment your pain may be much less and your ability to walk may improve. A third social security rule is that a chiropractor’s evidence is not usually accepted because it is not considered to be from an an acceptable medical source.
Acceptable medical sources are physicians, podiatrists, and physical therapists. Doctors at the state level, called the DDS, will review your record and note how well your pain is controlled as well as your ability to walk as reported in your physician’s progress notes. If the medical evidence from your doctors is insufficient to allow the state to make a determination, you will be asked to undergo an physical examination which is paid for by the state.
HOW LONG CAN YOU WALK WITH BACK PAIN
Your doctors notes are very important since they give those reviewing your record an idea of how well you have responded to treatment relative to pain control and how your ability to walk has either improved or remained poor.
This is critical information that the state wishes to know. In addition, you will be asked to provide information about your ability to perform your usual daily activities, such as doing household chores: doing laundry, cleaning, banking, shopping and driving. The key point is how long you can walk over an 8 hour day and if a cane is needed. The state puts great emphasis on how many hours a day you can realistically walk in specific terms be it 6 out of 8 hours, 2 out of 8 hours or less than 2 out of 8 hours. Your ability to sit for normal periods is also considered. This is very important since if you are unable to sit for say 15 to 20 minutes and have to get up to relieve pain your chances of obtaining Social Security benefits is greatly impoved since there are actually no jobs one could do in this situation. Seeking assistance from an attorney specializing in social security disability cases may improve your chances of success. since he understands the complex issues involved when applying for disability.