Back impairments are the most common disabling condition we see in our practice. Back pain can be caused by a number of different spinal conditions; some are the result of an injury or may happen normally with age. Chronic conditions causing back pain include degenerative disc disease, osteoarthritis; rheumatoid arthritis; spondylitis; spinal stenosis, nerve root compression, herniated discs; scoliosis, or spondylolisthesis.

To be eligible for disability benefits, Social Security requires you to have a medically determinable impairment that has lasted or will last for at least one year. This means that x-rays, MRIs, or at least your doctor’s notes after a physical examination must show that your back pain is caused by some physical abnormality of the spine or spinal canal. If you have back pain without a documented physical impairment that would normally be expected to produce pain symptoms like you experience, you’re unlikely to win disability benefits.

How Social Security Evaluates the Severity of Your Back Pain

Social Security sees many disability claims for back pain, but will approve only the most severe cases that meet one of the listed impairments. Most people suffering with back pain will not meet a listed impairment.  In these cases, the individual must prove that their impairment, with the resulting functional restrictions, preclude returning to work. While Social Security will consider how you say your condition limits your ability to work, it is very important to have medical documentation to substantiate your claim.

Social Security will evaluate your ability to do exertional activities such as lifting, carrying, sitting, standing, walking, pushing and pulling

They will also evaluate your ability to do non-exertional activities such as manipulative restrictions, stooping, climbing, crouching or crawling; the ability to concentrate and focus; understanding and remembering; whether you are likely to miss work due to symptom flare-ups.  Limitations in these activities may be due to side effects from medication or the result of a mental impairment such as depression or anxiety.

It is important to have medical evidence to support your impairment as well as a detailed statement from your doctor as to your limitations.  You should contact an experienced disability attorney to determine if you might be eligible for benefits.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.