In this video Marc Whitehead, Board Certified Disability Attorney, discusses whether or not it is possible for someone to receive benefits because of a back or spine injury.
Some type of back disability effects most people at one time or another, inhibiting their ability to work. While the bulk of back injuries are short term and workers are able to resume their employment, for some people a disability back problem can turn into a life time of pain that effects their quality of life.
Back disability claims are routinely challenged by disability insurance companies, The Social Security Administration and The Department of Veterans Affairs. If this has been your experience it may be time to seek legal help, in order to prove you are indeed disabled.
If your disability claim is based on a group employee benefits plan or private disability insurance plan the insurance company will do their best to deny your claim based on insufficient medical records and many other arguments. Employee benefits and Private Disability Insurance are governed by very different laws. Determining whether your claim is governed under federal ERISA law is extremely important.
The ultimate issue will be whether you can still preform your own occupation, or in some cases whether you can preform any occupation that will pay a certain percentage of your former salary.
The Social Security evaluation is different, in that it doesn’t focus on a persons diagnosis. Social Security Disability is based on the functional limitations the claimant has. Your back disability must be judged sever enough to prevent you from preforming substantially gainful activity for 12 months or more.
The Social Security Administration explains their complex disability determination process in their publication known as The Listings of Impairments. Most back cases are evaluated under section 1.04 of The Listings.
Veterans suffering from service connected Back injuries are often denied VA Disability Benefits. If the Veterans Claim is approved it’s common for them to be assigned an unsatisfactory disability rating. Neck and Back injury cases are some of the most demanding and disputed VA Disability Cases.
The VA offers Veterans an exhaustive guide that describes how back disability and other impairments of the muscular skeletal system are determined and rated. You can find it in the VA publication known as The Schedule for Rating Disabilities.
What Type of Back Conditions might qualify for Disability Benefits?
While a back disability may refer generally to an injury or disorder of the back and spine area, spinal injuries are back disorders that entail specific damage to the spinal itself, including Nerve Damage to the Spinal Cord.
Progressive conditions that often result in spinal injury and back disability are things such as:
-Degenerative Disk Disease
Scoliosis
Spinal Stenosis
Bulging or Herniated Disk
Osteoporosis
Sciatica
Sometimes the treatment for back and spine injuries can worsen the condition. Pain medications or treatments can also cause disabling side-effects and debilitating symptoms.
