Winning Social Security Disability Claims Arising from Chronic Back Pain - Strategies and Case Studies

  SSDI and SSI claims based on back pain are perhaps the most common type of disabling ailment seen by Social Security.  Upper and lower back pain can arise from strenuous work activity or from the aging process (if you see the term “degenerative disc disease,” your doctor is referring to the deteriorating condition of the discs in your back brought about by years of wear and tear).

  Since Social Security judges frequently see claimants alleging disability based on back pain, you are going to have to show that your pain is more than the mild to moderate discomfort that everyone experiences from time to time, and instead is severe and debilitating to the point where you are not able to perform even simple, sit down job duties.

  In my experience, some of the factors that judges look for when evaluating back pain cases include:

• long, solid work history
• objective evidence of problems in your back - such as multiple MRI reports showing disk issues with nerve root impingement
• evidence that you are not a surgical candidate, and that you have been referred to a pain management physician

  There are basically three ways to win a back pain case.  Click on the links for more detail:

1. meet a listing at 1.00 (musculoskeletal system listing)
    
2. residual functional capacity - prove that your functional capacity for work has been so reduced by your back problem that you would not be a reliable employee
    
3. meet a grid rule (generally limited to those over age 50 with a limited education and an unskilled work background)

Here are some case studies from recent cases I tried that involved chronic back pain and weakness:

Social Security Disability Back Pain Case Study #1 - this case involves a 58 year old male who had previously worked as a computer programmer.

Social Security Disability Back Pain Case Study #2 - this case involves a 59 year old male who had previously worked as a land surveyor.

Social Security Disability Back Pain Case Study #3 - this case involves a 49 year old female with documented degenerative disc disease that is not severe enough to warrant surgery.

Social Security Disability Back Pain Case Study #4 - this case involves a 50 year old male with chronic cervical (neck area) degenerative disc disease plus depression, anxiety, and bi-polar symptoms.