CAN I GET SOCIAL SECURITY DISABIITY FOR A BAD BACK?
Back problems are the number one impairments for which Social Security disability benefits are awarded. (Mental illness is the second most awarded category).
You may first want to check and see if you meet a Listing found in category 1 of Part 404, Subpart P, Appendix I of the 20 Code of Federal Regulations (called simply "the Listings).
Regardless of the cause(s) of a musculoskeletal impairment, functional loss for purposes of these listings is defined as the inability to ambulate effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment, or the inability to perform fine and gross movements effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment. The inability to ambulate effectively or the inability to perform fine and gross movements effectively must have lasted, or be expected to last, for at least 12 months. For the purposes of these criteria, consideration of the ability to perform these activities must be from a physical standpoint alone. When there is an inability to perform these activities due to a mental impairment, the criteria in 12.00ff are to be used. We will determine whether an individual can ambulate effectively or can perform fine and gross movements effectively based on the medical and other evidence in the case record, generally without developing additional evidence about the individual's ability to perform the specific activities listed as examples in 1.00B2b(2) and 1.00B2c.
Even if you do not meet one of the listed impairments for the back or spine, you may still be found disabled if you can prove that you are unable to perform any full-time work on a persistent basis because of pain, loss of mobility, inability to sit, stand or walk for prolonged periods--or a limited ability to lift and carry.
Your age, education and past work experience may make it easier or more difficult to get approved for Social Security benefits.
For example, if you are age 55 or over, and you have a high school education or more but your education does not provide for direct entry into skilled work and you have only unskilled work experience (or no work experience), and you are limited to performing only sedentary type work, you would be found disabled under Medical-Vocational Guideline 201.04.
Under the same set of conditions as in the above paragraph, except you are limited to performing light work, you would be found disabled under Medical-Vocational Guideline 202.04.
So, key factors in deciding whether you are disabled would be:
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You may first want to check and see if you meet a Listing found in category 1 of Part 404, Subpart P, Appendix I of the 20 Code of Federal Regulations (called simply "the Listings).
Regardless of the cause(s) of a musculoskeletal impairment, functional loss for purposes of these listings is defined as the inability to ambulate effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment, or the inability to perform fine and gross movements effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment. The inability to ambulate effectively or the inability to perform fine and gross movements effectively must have lasted, or be expected to last, for at least 12 months. For the purposes of these criteria, consideration of the ability to perform these activities must be from a physical standpoint alone. When there is an inability to perform these activities due to a mental impairment, the criteria in 12.00ff are to be used. We will determine whether an individual can ambulate effectively or can perform fine and gross movements effectively based on the medical and other evidence in the case record, generally without developing additional evidence about the individual's ability to perform the specific activities listed as examples in 1.00B2b(2) and 1.00B2c.
Even if you do not meet one of the listed impairments for the back or spine, you may still be found disabled if you can prove that you are unable to perform any full-time work on a persistent basis because of pain, loss of mobility, inability to sit, stand or walk for prolonged periods--or a limited ability to lift and carry.
Your age, education and past work experience may make it easier or more difficult to get approved for Social Security benefits.
For example, if you are age 55 or over, and you have a high school education or more but your education does not provide for direct entry into skilled work and you have only unskilled work experience (or no work experience), and you are limited to performing only sedentary type work, you would be found disabled under Medical-Vocational Guideline 201.04.
Under the same set of conditions as in the above paragraph, except you are limited to performing light work, you would be found disabled under Medical-Vocational Guideline 202.04.
So, key factors in deciding whether you are disabled would be:
- Your age (it's easier after age 50 but younger people do get approved)
- Your education (the more education the more likely you can perform some work)
- Your past work experience (Skilled work makes more jobs available to you)
- Your residual function capacity (the maximum you can still do even with your proven impairments and limitations of function).
CLICK HERE TO VISIT OUR FREE QUESTION & ANSWER SECTION.
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