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Does Chronic Back Pain Qualify For Disability

Does Chronic Back Pain Qualify You For Cpp Disability

How Does Social Security View Disability Claims for Back Pain?

Chronic back pain is linked to many debilitating conditions such as scoliosis, bulging, slipped or ruptured disc, osteoarthritis, and sciatica and is the leading cause of disability globally. Chronic back pain can range from mild to throbbing aches that can be recurring, constant, or can worsen after exercise or sitting/standing for too long.

While having chronic back pain alone does not qualify you for CPP Disability, you may be eligible if the pain is considered severe or prolonged enough to prevent you from working.

Some of the back pain conditions that qualify for disability are:

  • Degenerative disc
  • Ankylosing spondylitis
  • Spinal stenosis

This section breaks down some of the most common back pain conditions that qualify for CPP Disability.

How Does Chronic Pain Affect Social Life

Research has shown that back pain negatively affects participants social life. Those who experienced pain were unable to attend social events and were restricted in their daily activities. They also expressed feelings of depression and isolation. They described a lack of motivation, which may contribute to their pain.

Social activities are an important part of a patients life. In addition, patients often seek validation for their experiences and to feel affirmed in their pain. However, for many patients, social expectations are not met and they withdraw into themselves when they cant meet these demands. They fear that people wont understand their pain and may disapprove of them.

Chronic low back pain affects many aspects of the patients life. It may be different than other types of chronic pain because it may involve multiple sites. In fact, three-quarters of people with chronic LBP experience pain at more than one site. Borkan et al. have coined the term backnicks to describe those with chronic LBP. They emphasize that LBP sufferers experience societal prejudices unique to those with back pain.

Disability Benefits For Other Back Conditions

If your back issue doesnt perfectly line up with the SSAs list of qualifying conditions, you may still be eligible for benefits through a medical-vocational allowance. You can receive SSDI benefits if the SSA determines that your back condition prevents you from working at your former occupation or finding a new occupation. The Residual Functional Capacity assessment determines how your condition affects core physical abilities:

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You Might Qualify For Concurrent Benefits

Sometimes, disabled individuals will qualify for SSI and SSDI benefits at the same time. These are called concurrent benefits. This typically happens because the applicant met the qualifications for SSDI benefits and still met the income and resource and income guidelines to qualify for SSI benefits.

Do not hesitate to apply for both programs if you fit the criteria. Any income you receive from other sources will also be taken into consideration when determining your financial benefits.

Can I Use The Medical

Does Chronic Pain Qualify For Disability

If your condition does not meet a listing in the Blue Book, you can still be approved for disability benefits using the medical-vocational allowance. Using this approach, your condition, symptoms, and limitations are taken into consideration with your age, education level, transferable skills, and work experience.

When using this approach, a residual functioning capacity form will need to be completed regarding your back problem. On this form, your doctor will indicate how often you will have to change positions, if you are unable to stand for longer than an hour or two hours, how far you can walk, and if you require assistive devices in order to walk, such as canes or crutches.

If your condition requires that you take pain medication regularly, the form should clearly indicate that and include how that medication impacts you as well, such as drowsiness or dizziness that it may cause. All of your symptoms and side effects from the conditions and medications should be listed. You should also include any other medical conditions that you have and how they also affect your daily living and your ability to perform your regular work duties.

When considering the medical-vocational allowance, the SSA will determine if you have skills that can transfer to another kind of work position so you can continue gainful employment in another field. If Disability Determination Services decides that you are unable to work at any job for at least a year, you will be considered disabled.

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Why Do Va Claims Get Denied

If a Veteran does not submit enough proof about their disability in their VA claim , the VA will likely deny their claim. The VA has strict guidelines about what types of medical conditions qualify as disabilities and what level of compensation each veteran can receive based on the impact of the condition.

Direct Service Connection For Back Pain Or Injury

Generally speaking, to establish direct service connection veterans must show that they not only have an injury or medical condition, but also that it resulted from a specific event in their military service. Therefore, in regards to direct service connection for back pain, veterans must show evidence of the following:

  • A current diagnosis of a back condition
  • An in-service event, injury, or illness and
  • A medical nexus between the current, diagnosed back condition and the in-service event, injury, or illness.

To establish service connection for our clients, we first obtain all relevant medical records to prove that you have a diagnosed medical condition. Then, we identify an event from your military service that caused or contributed to your condition. After that, and only if necessary, we obtain a medical opinion in which an expert in the relevant field links the event with the injury and shows causality. We then submit these three elements with a thorough legal argument in support of your claim.

Medical Diagnosis

Back pain is a broad term, and not all forms of it qualify for VA disability. In other words, back pain, even if it is constant and severe, does not mean you can receive benefits based on that alone. You need to have a medical diagnosis, and the VA requires that your diagnosis meets certain criteria.

Evidence of Event in Service

Linking Medical Opinion

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Can You Obtain Disability Insurance Benefits For Back Pain

If you experience back pain on a regular basis, you know that back pain can be agonizing, frustrating, and can affect your ability to work. The issue is how your back pain impairs your daily functioning, including standing, walking, bending, stooping, twisting, lifting, and the like. These are your functional limitations. If your chronic back pain impairs your ability to perform work-like activities, then you may be eligible for long-term disability benefits. Your functional limitations should be included in your medical records, and a residual functional capacity form can also help you document your limitations. If your doctor cannot complete the RFC form they may refer you to physical therapy for assistance with the form.

Long-term disability insurance companies do not hand out LTD benefits readily for back pain conditions. To qualify for disability, you should provide adequate proof of a medically determinable impairment. This means that you should submit as much objective medical proof in support of your claim as possible, including x-rays, MRIs, CT-Scans and treatment notes after a physical examination that show that your back pain is caused by some physical abnormality of the spine or spinal canal.

Talk To A Social Security Disability Lawyer For Free Today

VA Disability Rating for Lower Back Pain

At John Foy & Associates, we have seen firsthand the problems with chronic back pain. We know how disabling the condition can be in someones work and personal life. If you have chronic back pain and need help applying for disability, reach out today.

We can take a look at your case and go over your options. Whether you still need to apply or have been denied several times, dont assume all hope is lost. Contact us today to have us look at your claim and your options.

Our SSDI lawyers do not get paid until we win benefits for you. There are no upfront costs or out-of-pocket fees for you. Call us at or contact us online to learn more during a FREE consultation.

Call or text or complete a Free Case Evaluation form

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What Medical Conditions Qualify For Disability Benefits

Any medical condition can qualify for disability benefits. Generally speaking, most disability benefits programs in Canada do not give benefits based on a medical diagnosis. Rather, they provide benefits based on the level of disability caused by the medical condition. So the focus will always be on the level of disability caused by your medical condition, rather than only the name of your medical condition or diagnosis. To qualify for benefits, you must show that the level of disability from your medical condition meets the eligibility criteria of the disability benefits plan in question.

Following is a list of common medical conditions that qualify for disability benefits. For each of these conditions we discuss the unique challenges you will face.

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Spinal Problems Recognized For Benefits By Ssa

Social Securitys Blue Book has a listing of conditions that qualify for automatic approval for disability benefits based on medical condition alone without evaluation of transferable work skills or education, but chronic pain is not included. Nonetheless, a number of diseases and medical problems associated with chronic pain could pave the road to disability benefits: chronic renal disease, inflammatory arthritis, inflammatory bowel disease, somatoform disorders, and diseases of the neurological system all produce pain and could be the basis for receiving disability benefits. And, certain spinal conditions producing pain are listed.

Three of the categories of spinal problems that could lead to being approved for disability benefits based on a listing in the Blue Book are:

  • Nerve Root Compression
  • SSA provides examples of spinal cord compression or nerve root compression that could cause moderate or chronic pain all the way up to paralysis:

    • Herniated, slipped, prolapsed disc
    • Facet arthritis

    All of these, however, must be accompanied by certain findings to meet the listings.

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    Can Back Pain Qualify For Disability

    The main issue in your Social Security back pain disability case is whether or not you are able to work. In a back pain case, Social Security considers both your activity limitations and your pain limitations . In order to win, you have to prove that because of these impairments, there is no way you can perform even a simple, unskilled job 8 hours a day, five days a week.

    There are two ways you can prove that you are unable to work:You can meet the back pain listing by showing SSA that your spinal damage is equal to the medical criteria for musculoskeletal injury set out in the Code of Federal Regulations.You can prove that your functional capacity for performing work at any level has been so reduced by your spinal damage that you would not be able to obtain or keep any type of full time job.Either way, while you have to identify a medical reason for your inability to work, you will not win if you focus on the details of your medical condition. Instead, your focus must be the specific ways in which your ability to function has been limited by your condition.

    What is missing here? These notes are perfectly good as documentation of your illness and your treatment. However, they may not help you in your Social Security case.

    Some judges may, however, recognize the significance of a long treatment history, and might be more inclined to accept limitations set out in your testimony. Other judges, however, are less inclined to believe anything unless it is in your record.

    Using Your Rfc For Back Pain To Qualify For Disability

     Va Disability Rating For Chronic Low Back Pain

    If your back pain doesn’t meet the impairment listings for any of the conditions mentioned above, the SSA will assess your residual functional capacity . Your RFC is the most that Social Security thinks you can do despite the limitations caused by your medical conditions.

    To develop your RFC, Social Security will want to know whether:

    • you have trouble walking
    • your range of motion is limited so that you can’t stoop or bend
    • you are very limited in the amount of weight you can lift and carry, and
    • you need to switch positions frequently.

    To learn about the RFCs that Social Security develops for each type of back condition, read one or more of the following articles:

    For more information about back RFCs in general, see our article on how Social Security assesses a reduced RFC due to back problems.

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    Do I Need A Lawyer To Receive Va Disability Benefits For My Back Pain Injury

    While the VA does not require you to have a lawyer to apply for VA disability benefits, it can greatly boost your chance of winning your case. The VA has a reputation for being complex, unwieldy, and difficult to work with. The decisions it hands down are often arbitrary. Many veterans receive a grant for benefits only after first receiving multiple rejections, and the appeals process is long and arduous. The entire task from beginning to end is unpleasant and trying.

    The VA disability attorneys at Chisholm Chisholm & Kilpatrick LTD can take the burden off your shoulders by handling your case for you. We have helped many veterans win VA disability, and we can put our vast resources to work for you. Call our office today for a free consultation: 544-9144.

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    Back Pain And Social Security Disability Benefits

    According to medical journal The Lancet, worldwide disability due to lower back pain has risen by 50% since 1990. Back pain is also one of the most common reasons cited when people miss work.

    The source of back pain varies from person to person it might originate from various injuries, illnesses, diseases, genetics and temporary medical conditions. Wherever it comes from, there is no denying that this can create serious limitations on a persons life and work.

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    Objective Signs Of A Back Problem

    As previously mentioned, an objective evaluation by the SSA involves the ability to show a medically determinable impairment that is causing your back pain. If your back pain is being caused by a specific medical condition, you should submit the appropriate medical evidence such as:

    • X-rays that show any fractured back bones
    • CT scan that shows spinal defects such as stenosis
    • MRI that demonstrates evidence of bone degeneration

    When Does Chronic Back Pain Qualify For Disability

    WINNING a VA Disability Rating for Back Pain

    Social Security sees many disability claims for back pain, but approves a only few of the most severe cases Social Security expects most others to be able to work through their back pain. So, Social Security’s job is to determine which claims for back pain are the most serious and truly prevent the claimant from being able to do any kind of work.

    After determining that you have an MDI , the SSA assesses the severity of your impairment by looking at:

    • your objective signs and symptoms, to see whether they match the medical requirements in Social Security’s impairment listings for certain spinal problems , and
    • your functional limitations to see what type of work you could do.

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    How To Hurt The Credibility On Your Cpp Disability Chronic Back Pain Application

    Just as having credibility can boost your chance of approval, not having any can increase your chances of being denied, regardless of how extensive your evidence is.

    To help you avoid killing credibility in your case, here is a list of things to avoid:

    • Making an apparent attempt to keep working
    • Having your statements match your medical records
    • Being responsible for your claim
    • Having a cooperative and respectful claim
    • Encouraging and following advice from experts

    Chronic back pain can arise due to a myriad of reasons. Accidents, conditions, old age, and more can cause chronic back pain, and in time, it can take a toll on a persons work and personal life. Whether it is a ruptured disc, spinal pain, or scoliosis, chronic back pain is a significant issue that affects countless Canadians.

    However, CPP Disability provides additional security if you are stricken with chronic back pain at an inopportune time and cannot return to work. CPP Disability provides eligible Canadians monthly benefits to supplement their income to leave the workforce and prevent further aggravation of their impairment.

    At Disability Credit Canada, we have helped hundreds of Canadians with their CPP Disability Benefits application. Our extensive experience and knowledge of the CPP Disability program is second to none. Once we take on your case, we will leave no stone unturned to get your CPP Disability application approved.

    Use Our Simple Calculator to Estimate Your Disability Tax Credits & Benefits

    What Should Your Medical Records Include To Meet A Listing

    To determine whether your back condition meets the listing for disorders of the spine, Social Security will need to see all of your medical records from the various doctors you’ve seen. Social Security will require that you undergo a comprehensive spinal exam if you haven’t already done so.

    You should have already visited an orthopedic doctor who’s conducted a detailed physical exam, including testing your:

    • muscle strength
    • physical therapy, and
    • any other treatment you’ve tried.

    Your records should detail how long the effects of treatment lasted and whether the side effects of any medication or treatment impair your ability to work or function.

    Your medical records should also include an X-ray, MRI, CT scan, or myelogram . Because Social Security won’t solely rely on your pain symptoms as an indicator of whether or not you can work, the results of these imaging tests can be extremely important for your case.

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