Social Security Disability for Back Pain

Social Security Disability for Back Pain

Back pain is a common impairment that often interferes with one’s ability to work and may be the basis for disability. The severity and limiting effects of back pain, however, is often difficult to prove. In general, it is more difficult to be approved for disability based on back pain at a younger age. Back pain may be caused by any number of conditions as noted below or by unknown causes.When evaluating back pain, the Social Security Administration looks for objective signs and symptoms.It is important, if possible, to have reports of tests such as MRIs, discograms or at least x-rays as well as reports of examinations by specialists.Social Security looks for the following in a doctor’s examination report:

General. Examination of the spine should include a detailed description of gait, range of motion of the spine given quantitatively in degrees from the vertical position (zero degrees) or, for straight-leg raising from the sitting and supine position (zero degrees), any other appropriate tension signs, motor and sensory abnormalities, muscle spasm, when present, and deep tendon reflexes. Observations of the individual during the examination should be reported; e.g., how he or she gets on and off the examination table. Inability to walk on the heels or toes, to squat, or to arise from a squatting position, when appropriate, may be considered evidence of significant motor loss. However, a report of atrophy is not acceptable as evidence of significant motor loss without circumferential measurements of both thighs and lower legs, or both upper and lower arms, as appropriate, at a stated point above and below the knee or elbow given in inches or centimeters. Additionally, a report of atrophy should be accompanied by measurement of the strength of the muscle(s) in question generally based on a grading system of 0 to 5 , with 0 being complete loss of strength and 5 being maximum strength. A specific description of atrophy of hand muscles is acceptable without measurements of atrophy but should include measurements of grip and pinch strength

The Social Security Administration does recognize that pain may exceed what might be expected by the objective findings. In such cases, the regulations require the Agency to consider the following when they evaluate a claimant’s allegations regarding pain:

  • The individual’s daily activities;
  • The location, duration, frequency, and intensity of the individual’s pain or other symptoms;
  • Factors that precipitate and aggravate the symptoms;
  • The type, dosage, effectiveness, and side effects of any medication the individual takes or has taken to alleviate pain or other symptoms;
  • Treatment, other than medication, the individual receives or has received for relief of pain or other symptoms;
  • Any measures other than treatment the individual uses or has used to relieve pain or other symptoms (e.g., lying flat on his or her back, standing for 15 to 20 minutes every hour, or sleeping on a board); and any other factors concerning the individual’s functional limitations and restrictions due to pain or other symptoms.

As with any chronic pain condition, the mental and emotional effects are considered as well in evaluating disability.

It is important to remain in treatment, follow your doctor’s advice concerning physical therapy and surgery, if warranted. It is also important to keep your doctor fully informed of your symptoms, any side effects from medications and how your life is affected by pain. If you are experiencing depression, that should be documented by your doctor as well.A mental health profession is often helpful in adjusting to a chronic pain condition and in documenting one’s limitations. It is also helpful to keep a log of your pain and it’s limiting effects, such as the need to lie down, severe episodes of pain and the like.

Some causes of back pain:

  • Bulging discs (also called protruding, herniated, or ruptured disc). The intervertebral discs are under constant pressure. As discs degenerate and weaken, cartilage can bulge or be pushed into the space containing the spinal cord or a nerve root, causing pain. Studies have shown that most herniated discs occur in the lower, lumbar portion of the spinal column.
  • Sciatica is a condition in which a herniated or ruptured disc presses on the sciatic nerve, the large nerve that extends down the spinal column to its exit point in the pelvis and carries nerve fibers to the leg. This compression causes shock-like or burning low back pain combined with pain through the buttocks and down one leg to below the knee, occasionally reaching the foot. In the most extreme cases, when the nerve is pinched between the disc and an adjacent bone, the symptoms involve not pain but numbness and some loss of motor control over the leg due to interruption of nerve signaling. The condition may also be caused by a tumor, cyst, metastatic disease, or degeneration of the sciatic nerve root.
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  • Spinal degeneration from disc wear and tear can lead to a narrowing of the spinal canal. A person with spinal degeneration may experience stiffness in the back upon awakening or may feel pain after walking or standing for a long time.
  • Spinal stenosis related to congenital narrowing of the bony canal predisposes some people to pain related to disc disease.
  • Osteoporosis is a metabolic bone disease marked by progressive decrease in bone density and strength. Fracture of brittle, porous bones in the spine and hips results when the body fails to produce new bone and/or absorbs too much existing bone. Women are four times more likely than men to develop osteoporosis. Caucasian women of northern European heritage are at the highest risk of developing the condition.
  • Skeletal irregularities produce strain on the vertebrae and supporting muscles, tendons, ligaments, and tissues supported by spinal column. These irregularities include scoliosis, a curving of the spine to the side; kyphosis, in which the normal curve of the upper back is severely rounded; lordosis, an abnormally accentuated arch in the lower back; back extension, a bending backward of the spine; and back flexion, in which the spine bends forward.
  • Fibromyalgia is a chronic disorder characterized by widespread musculoskeletal pain, fatigue, and multiple “tender points,” particularly in the neck, spine, shoulders, and hips. Additional symptoms may include sleep disturbances, morning stiffness, and anxiety.
  • Spondylitis refers to chronic back pain and stiffness caused by a severe infection to or inflammation of the spinal joints. Other painful inflammations in the lower back include osteomyelitis (infection in the bones of the spine) and sacroiliitis (inflammation in the sacroiliac joints).

Social Security’s Listings regarding back disorders:

1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With:

A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine);

OR

B. Spinal arachnoiditis, confirmed by an operative note or pathology report of tissue biopsy, or by appropriate medically acceptable imaging, manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours;

or

C. Lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively, as defined in 1.00B2b.

To read more about Social Security’s Listing, see: http://www.ssa.gov/disability/professionals/bluebook/1.00-Musculoskeletal-Adult.htm