Small discs cushion the bones in your back around your spine. These discs act as shock absorbers and protect your spinal bones. However, these discs can slip. This is also called herniate, out of place because of a tear or rupture in their outer layers. Herniated discs often happen to individuals in their 30s and 40s. Especially affect those who sit for long periods of time or who bend, twist, and lift heavy objects often. When a disc herniates, it can cause severe pain and can, in some cases, cause disability.
Qualifying for Disability Because of Herniated Discs
When you apply for disability, the Social Security Administration reviews your application. They review many, many applications for disability because of herniated discs, and often, they are denied. If you want to qualify for disability, you need to convince the SSA that you are truly disabled and cannot work. One way to do this is to see your doctor and make sure that the impairment listing they supply on your records matches one in the SSA’s book of impairments that are covered. Another way you may be approved for disability is if, even though the SSA thinks you are capable of completing work, they determine that you are not eligible for any jobs because of your age or education.
To qualify for disability, your condition has to be such that medical professionals and the SSA think that your disability will last for at least 12 months.
Navigating the complex world of Social Security Disability (SSD) can be daunting, especially when dealing with a condition like a herniated disc. The Social Security Administration (SSA) receives a large number of applications for disability due to herniated discs, and unfortunately, many are initially denied. The key to success lies in demonstrating to the SSA that your condition truly prevents you from working.
The SSA utilizes a specific set of criteria to determine disability, and it’s crucial to understand these criteria. One way to strengthen your application is to ensure your medical records accurately reflect a diagnosis that aligns with the SSA’s list of impairments. This means working closely with your doctor to ensure they provide detailed documentation that matches the SSA’s standards.
However, even if your medical records show a qualifying impairment, the SSA might still deny your claim. They might argue that, despite your condition, you are still capable of performing some type of work. In this case, the SSA will consider your age, education, and work history to determine if you can be retrained for a different occupation. If they conclude that you are not capable of performing any suitable work, your application might be approved.
The SSA requires that your condition be severe enough to prevent you from working for at least **12 months**. This means that your herniated disc must be causing ongoing pain and limitations that significantly impact your ability to perform daily activities and maintain employment.
The process of applying for SSD can be challenging, but it’s important to remember that you have rights. If your initial application is denied, you have the right to appeal the decision. It’s highly recommended to seek legal counsel from a qualified disability attorney who can guide you through the process and advocate on your behalf. They can help you understand the SSA’s requirements, gather the necessary documentation, and navigate the appeals process.
Ultimately, the goal is to prove to the SSA that your herniated disc is a disabling condition that prevents you from working. By working closely with your doctor, understanding the SSA’s criteria, and seeking legal assistance if necessary, you can increase your chances of successfully obtaining SSD benefits.
Medical Evidence
To gain disability benefits, you must provide medical evidence of your injury causing a disability for herniated discs. Which entails a comprehensive spinal exam by an orthopedic specialist. This could include an MRI, physical, and a straight leg raising (SLR) test.
When applying for disability benefits due to a herniated disc, the Social Security Administration (SSA) requires compelling medical evidence to support your claim. This evidence must demonstrate that your condition is severe enough to prevent you from working for at least 12 months.
The foundation of your medical evidence is a comprehensive spinal exam conducted by a qualified orthopedic specialist. This specialist is an expert in diagnosing and treating conditions affecting the spine, including herniated discs. The exam serves a crucial purpose: to provide a detailed assessment of your condition and its impact on your ability to function.
The orthopedic specialist will likely conduct a thorough physical examination, evaluating your range of motion, muscle strength, and any pain or discomfort you experience. They will also assess your neurological function, checking for any nerve damage or weakness resulting from the herniated disc.
A key component of the medical evidence is an MRI (magnetic resonance imaging). This advanced imaging technique provides detailed images of your spine, allowing the specialist to visualize the herniated disc, its location, and any associated spinal abnormalities. The MRI results will play a critical role in supporting your claim, as they provide objective evidence of your condition.
Another essential test is the Straight Leg Raising (SLR) test. This test involves lying on your back while the doctor slowly raises one leg straight up. If you experience pain or discomfort radiating down your leg, it suggests that the herniated disc is pressing on a nerve root, causing nerve compression.
The results of the physical exam, MRI, and SLR test will be documented in a detailed medical report, which will serve as the primary evidence supporting your disability claim. The specialist will clearly outline your diagnosis, the severity of your condition, and the limitations it imposes on your ability to perform daily activities and work.
It’s crucial to understand that the SSA requires more than just a diagnosis. They need evidence demonstrating that your herniated disc is causing significant functional limitations that prevent you from working. This evidence should be comprehensive and detailed, outlining the specific limitations you experience, such as difficulty walking, standing, sitting, lifting, or performing other job-related tasks.
Remember, the quality of your medical evidence is critical to the success of your disability claim. Working closely with your orthopedic specialist to ensure they provide thorough and detailed documentation is essential. This documentation should clearly demonstrate the severity of your condition and its impact on your ability to work, strengthening your case for disability benefits.
Filling Out the Application
Call the SSA to set up an appointment to fill out an application for disability benefits. When filling out your application, be specific about how your herniated disc. Especially how it affects your life and your family’s life and how it impacts your ability to work.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
