What types of spinal problems are recognized for disability benefits?

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Question:

What types of spinal problems are recognized for disability benefits?

Answer:

Individuals with certain types of spinal problems may be eligible to receive disability benefits depending on the severity of the condition. To meet eligibility, the condition must be disabling enough to prevent the individual from engaging in gainful employment. If an individual passes this litmus test, he or she may receive Social Security benefits toward day-to-day expenses as well as medical costs.

Recognized Spinal Conditions

Social Security recognizes the following spinal conditions in its list of impairments eligible for benefits:

  • Spinal stenosis
  • Scoliosis
  • Kyphosis
  • Trauma to the spine
  • Herniated disc
  • Degenerative disc disease
  • Arachnoiditis
  • Tumors
  • Spondylolisthesis

To prove any of these conditions, an individual must produce the requisite medical documentation. The SSA determines the level of disability for any condition through a five-tier Sequential Evaluation Process. In this case, the most pivotal phase is the third step which is the Listing of Impairments, under which spinal injuries is included (section 1.04).

There are three parts under which an individual must show the requisite criteria for determining the eligibility of a spinal problem. Part A requires that:

  • The disorder is of the spine, and results in a compromise of the nerve root.
  • There must be evidence of the nerve root compression.
  • This must be characterized by limitation of motion of the spine, loss of motor control, neuro anatomic distribution of pain or the inability to pass a straight leg-raising test for the lower back.

Part B requires that the individual have a disorder of the spine, with spinal arachnoiditis confirmed either by an operative note or through a tissue biopsy. Additionally, the condition must create a burning or painful feeling that forces the sufferer to change positions to reduce the pain.

Under Part C, an individual must have a disorder of the spine with lumbar spinal stenosis which can be shown through accepted medical imaging. The companying pain and weakness must be chronic and result in the inability to move properly.

If you suffer a disabling spinal condition that prevents you from engaging in gainful employment, talk with an experienced attorney regarding disability benefits for spinal problems.

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