HOW TO WIN SSD BENEFITS FOR HERNIATED DISCS
A herniated disc occurs when the jelly type filling in the spinal disc breaks through the outer shell, or annulus, of the disc. When this happens, the material can press on the nerves. Thus, a herniated disc or bulging disc can pinch a nerve root and cause severe pain in your back, hips, and legs.
In some cases, a bulging or herniated disc can cause muscle weakness and reflex loss. If you have damage to a disc in your neck, then it can cause your arms and hands to go numb. Likewise, a low back disc injury can cause your legs to go numb and lose strength. Therefore, a severe herniated or bulging disc can keep you from working.
In any given year, doctors treat hundreds of thousands of people for herniated discs. It is one of the most common causes of back pain. Some people require surgery to remove the disc material. In fact, about 10 percent of herniated disc patients end up needing surgery, according to research from Harvard Health. Surgery is usually considered a last resort. Your doctor will only recommend it when conservative treatment doesn’t work.
Most people respond to conservative treatment, because a herniated or bulging disc can heal on its own. It just takes time. Your doctor may recommend that you lay down, use ice and heat on your back, and take over the counter medications. Also, your doctor may send you to physical therapy. This type of treatment can cause the and pressure on the nerve and pain to decrease. Unfortunately, it may take up to 6 months for your pain to go away. If you need surgery and can’t work for over 12 months, then you should apply for SSDI and SSI benefits.
THERE ARE TWO TYPES OF SSD BENEFITS
Qualifying for SSD benefits means you have a severe back pain that keeps you from working at any job in the economy. The symptoms from a herniated disc must be so severe that keep you from working for over one year. The SSA uses a five step review process to determine if they can pay you benefits. Below, you can find an explanation as to each type of benefit you can apply for:
Social Security Disability Insurance (SSDI):
SSDI benefits are for those who can no longer work due to a severe medical condition. The amount of money you receive from SSDI benefits is based on the taxes you paid during your working years. To qualify for SSDI, you must have earned enough “work credits.” Learn about work credits and SSD insurance coverage.
A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you will need depends on how old you are when you apply. If you haven’t earned enough work credits at the time you apply, then you will only be able to file for SSI benefits.
Supplemental Security Income (SSI):
SSI is a needs based benefit. It is for only those people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income of those who live with you, such as a spouse, not just your income and assets.
If you have a spouse who earns more than $4000 a month, then that income will prevent you from getting SSI benefits. The same rule applies if you are living with a boyfriend and he is paying your bills. Also, the same rule applies if you are living with your common law wife and she is paying your bills. You cannot get SSI benefits, no matter how severe your back pain, if you do not meet the income and asset rules for SSI.
WHAT IS THE DIFFERENCE BETWEEN A HERNIATED DISC AND A BULGING DISC?
It is important to understand the difference between a herniated disc and a bulging disc. Even though both bulging and herniated discs can cause similar symptoms, it is more likely that you will need surgery for a herniated disc. The following defines the difference between the two:
Herniated Disc: Also known as a slipped or ruptured disc, a herniated disc occurs when the soft inner core of a spinal disc pushes through the tough outer layer. This can damage nearby nerves and cause pain, numbness, or weakness in the area. Bulging Disc: A bulging disc is similar to a herniated disc but it is less severe. A bulging disc happens when the disc material presses against surrounding nerves without actually rupturing. While less severe, it can still cause you significant pain.
Both disc conditions are the result of aging, degenerative disc disease, or injury. Another cause of disc problems is simply wear and tear on the spine from natural aging. Also, both conditions can lead to painful symptoms that interfere with your ability to perform your daily activities and work. Below you will find an illustration of the parts of the disc in the spinal canal. One illustration shows a normal disc. The other shows what happens when there is a disc extrusion.
TREATMENT FOR HERNIATED OR BULGING DISCS
Treatment of bulging and herniated discs might include physical therapy. It will also include medications, such as pain medications. Also, some doctors will recommend epidural steroid shots. These shots can relieve pressure on the disc and reduce pain. Spinal surgery can also repair some herniated discs. The various surgeries that you could have are a spinal fusion, laminectomy, or discectomy.
HOW TO APPLY FOR SSDI BENEFITS
The easiest way to apply for SSD benefits is using your computer. You can file an application for SSDI and SSI benefits by going to Social Security’s website. The SSA has updated their website and made it easy to use a computer to apply for benefits. It is also easy to complete the forms online. The forms begin the five step Social Security review process.
If you don’t have a computer, then you can apply for SSD and SSI benefits over the phone. Once you have called the SSA, they will send you the forms that you need to complete by mail. You will need to have a current mailing address to receive the forms. Even if you get the forms in the mail, the day you call the SSA is your “protective filing date.” In other words, the day you call the SSA is the day they will state you filed your application. This date is important because it is the day the SSA uses to figure out when you should be paid benefits.
Finally, you can apply for benefits in person at your local SSA office. This is not a great option, because the lines at the SSA offices are long. However, every city has Social Security offices which you can visit. At your local office, they can help you complete the forms to apply for SSDI and SSI benefits. If you are going to file an application in person, then you should call and request an appointment time.
HOW TO WIN SSD BENEFITS FOR HERNIATED AND BULGING DISCS
Applying for SSD benefits can be a long and frustrating experience. However, we have some some tips that will help you throughout the review process:
1. COLLECT ALL OF YOUR MEDICAL EVIDENCE:
Make sure that you collect all of the medical records that relate to your back condition. This includes X-rays, MRIs and CT scans. You should also collect the progress notes from your doctor. If you have had any physical therapy or physical evaluations, then include those records too. You must have medical evidence to support your claim.
2. HIRE AN SSD ATTORNEY WITH EXPERIENCE:
Hire an SSD attorney who has experience dealing with the Social Security Administration. They can guide you through the five step Social Security review process. A lawyer can help you file your SSD application. They can also hep you gather medical evidence, file the proper appeals, and represent you in your court hearing.
3. UNDERSTAND THE REVIEW PROCESS TAKES A LONG TIME:
The SSD application process can take a long time. Most people who file an application are denied. Learn about the SSA denial rate. Be prepared for a long wait. Also, make sure to follow up on a monthly basis on the status of your application. If the SSA denies your claim, then don’t give up. You should appeal SSA’s decision.
4. FILL OUT THE SSA’S FORMS:
The SSA is going to send you forms to complete. For example, they will send you a Work History Form. You need to complete it and send it back to the SSA. They will also send you a Daily Activities Form. You need to complete this too. Make sure you read about how to complete the SSA forms, before you send the forms into the SSA. Finally, don’t send the SSA any of your forms without making a copy of them. If they lose your forms, then you will have to do them again. Also, you may have to complete the forms a number of times during the appeal process. So, keep a copy for yourself.
THE SSA EVALUATES PAIN FROM A HERNIATED DISC BY LOOKING AT MANY FACTORS
If you have a herniated disc in your spine, then you will most likely have pain. Pain is subjective. Therefore, the SSA considers all the evidence you present to document your pain symptoms. This evidence includes your prior work record. If you have a strong work history, then that is evidence which shows you would continue to work if you could. A consistent number of years working at any single job, in other words, demonstrates your credibility.
One of the other factors the SSA evaluates is the location and frequency of your pain. Is your back pain only in your low back or neck? Or, is the pain moving to your limbs? The SSA will also look at what medical treatment you have tried to eliminate your pain. They will even consider phantom pain, as in the case of an amputation.
The SSA will want to know, for example, if have you seen a doctor who is an expert in back pain. They will also want to know if you have done everything she tells you to do to lower your pain level. Often, doctors will offer medications. Do your medications help your pain? Or, do your medications have bad side effects? Are the side effects from your medications bad enough to keep you from working?
One of the other questions that the SSA may ask is do you have “chronic pain?” Chronic pain is a symptom that must be part of the SSA’s evaluation. The SSA will also develop evidence regarding the possibility of a mental condition when your record suggests one exists. They will also look to see if the medical findings show any physical condition capable of producing your pain and symptoms.
THERE ARE THREE WAYS TO QUALIFY FOR SSD BENEFITS
There are three ways to qualify for SSDI and SSI benefits. First, your medical condition can meet the listing under step three. Second, if you do not meet a listing, then you can add medical conditions together to equal the listing. Finally, you can win SSD benefits at step four by proving you cannot work due to your symptoms. To qualify for SSD benefits, however, you must meet the SSA rules. These include:
MEDICAL EVIDENCE: You must have medical evidence that proves your condition is severe enough to keep you from working for at least 12 months. Medical evidence, including imaging studies and treatment records, are without doubt the most important thing you need to win benefits. MEETING OR EQUAL A LISTING: The SSA has a listing of medical conditions, the “Blue Book,” which outlines the specific medical conditions that qualify for benefits. For herniated discs, the SSA will use Listing 1.04 – Disorders of the Spine. They will review your medical records to see if you have nerve root damage, spinal arachnoiditis, or spinal stenosis that results in chronic pain that prevents work. DOCUMENT YOUR RESIDUAL FUNCTIONAL CAPACITY (RFC): If your herniated disc does not meet a listing, then the SSA will look at your RFC. Your RFC is your ability to sit, stand, walk, lift, etc., despite your medical condition. Learn how to win benefits using your RFC.
SSA’S LISTING 1.15 FOR HERNIATED DISCS
To meet a listing, you must have medical records that show your herniated disc affects your ability to walk, sit, lift and stand. You will see, if you read listing 1.15, that it is very difficult to meet a listing. The main reason for this is the listing now requires you to need to use a walker or canes in both hands in order to walk. Most people will only require an assistive device while they recover from surgery. Nevertheless, below is SSA’s listing:
1.15 Disorders of the spine resulting in compromise of a nerve roots with A, B, C, and D:
A. Neuro-anatomic distribution of one or more of the following symptoms consistent with compromise of the affected nerve roots:
1. Pain; or
2. Paresthesia; or
3. Muscle fatigue.
AND
B. Radicular distribution of neurological signs present during physical examination or on a diagnostic test and evidence of 1, 2, and either 3 or 4:
1. Muscle weakness; and
2. Signs of nerve root irritation, tension, or compression, consistent with compromise of the affected nerve root; and
3. Sensory changes that include:
a. Decreased sensation; or
b. Sensory nerve deficit on electrodiagnostic testing; or
4. Decreased deep tendon reflexes.
AND
C. Findings on imaging consistent with compromise of a nerve roots in the cervical or lumbosacral spine.
AND
D. Impairment related physical limitation of musculoskeletal function that has lasted, or is expected to last, for a continuous period of at least 12 months, and medical records of at least one of the following:
1. Records that show a medical need for a walker, two canes, or two crutches or a wheeled and seated mobility device that involves the use of both hands; or
2. Being unable to use one upper extremity to initiate, sustain, and complete work related activities that involves fine and gross movements, and a medical need for a one handed, hand held assistive device that requires the use of the other upper extremity or a wheeled and seated mobility device that involves the use of one hand; or
3. Being unable to use both upper arms to the extent that neither can be used to initiate, sustain, and complete work activities that involve fine and gross movements.
USING YOUR RFC TO PROVE YOU CANNOT WORK
Most people with herniated discs are not able to meet SSA’s listing. However, you can still win SSD benefits by proving your physical limits prevent work.
For example, if your doctor says you can’t lift, bend over, reach above your head, or lift anything above 10 pounds, then you might not be able to do your past job. Likewise, you may not be able to perform the duties of any job.
In order to determine your RFC, the SSA first looks to your medical evidence. That is why it is so important for the SSA to have all of your medical evidence. It is your “burden” or responsibility to provide all of your medical evidence to the SSA.
Typically, hiring a lawyer to help you do this is a wise choice. Learn how to obtain your medical evidence for free. If you do not have enough medical evidence for the SSA to make a decision, then they will arrange for you to visit a doctor that they chose. The SSA doctor exam is free for you.
An SSA doctor can examine your mental and your physical conditions. Find out about the SSA doctor exam.
The RFC is what is “found” at step four of the review process. While DDS determines your RFC at the lower levels of your claim. Once the case moves to a hearing, it is the ALJ who will determine your RFC. Your RFC can help you win benefits by showing you cannot sustain a job. Find out about Social Security hearings.
WILL THE JUDGE ASK QUESTIONS ABOUT YOUR BACK CONDITION AT THE HEARING?
If you must use your RFC to prove you cannot work, then the SSA will want to hold a hearing in your case. The judge and your attorney will ask you questions about how your back pain impacts your physical abilities. Learn about what questions the judge will ask at your hearing.
For example, the judge will want to know how much you can lift. She will also want to know how long you can sit, stand, and walk at one time. The judge will compare your answers to your medical records. Also, the judge will compare your answers to the physical requirements of your past job and all other jobs in the economy.
You should be ready to give specific examples about how your back pain keeps you from doing your past job. For example, if you did a job where you sat all day, then you can describe how you can no longer do that type of sitting due to your pain. You can talk about how your legs go numb after sitting for more than 15 minutes. You could also testify about missing work due to back pain. If you miss too much work, then your employer usually fires you. If you lost your job because of taking extra breaks or missing work, then tell the judge that too.
WILL THERE BE A MEDICAL EXPERT AT THE HEARING?
If you have herniated discs and multiple back operations, then the judge may call a medical expert to testify at your hearing. The judge will ask the doctor if your back condition meets or equals the listing. Additionally, the judge will ask the doctor about your symptoms. For example, the judge may ask if the medical record supports your testimony. The judge is trying to put together a picture of what you can do during the work day, despite your physical problems.
Usually, the medical expert testifies in person at the SSA hearing. The medical expert, however, can also testify by video or by telephone. Additionally, it is also possible for a medical expert to answer written questions after the hearing. In fact, your attorney can request that the judge consult a medical expert after the hearing, if your case is complex.
You need to prepare to testify at your hearing. Your attorney should meet with you and review the questions that the judge will ask. Also, your attorney should help you answer questions in a way that is helpful to your case. Finally, you also need to be ready to question the medical expert. If you do not know what questions to ask the medial expert, then you should hire an attorney. Hire the top SSD attorney near you.
OUR LEGAL TEAM WINS SOCIAL SECURITY BENEFITS
One of the main benefits you need is Social Security Disability Insurance benefits (SSDI). Under SSA’s rules, each severe medical condition has its own listing. To meet a listing, the SSA considers only the elements under that specific listing. If you meet the listing, then you should win SSD benefits. Equalling the listing, however, allows the SSA to consider the combination of all of your severe conditions, including both mental and physical conditions.
Hire our law firm. We know how to prove to the SSA that you deserve SSD benefits. Our legal team prepares you for success. During your case, we collect your medical records. All you need to do is get treatment from your doctor. Medical records from your treating sources prove you deserve benefits. In short, medical records prove the case. If you don’t have a doctor, then you will need to find one. We have a list of free and low cost treatment options in your state:
HIRE THE BEST SSD ATTORNEY TO WIN BENEFITS FOR HERNIATED DISCS
We know you need SSD benefits to replace your income. Over the past 30 years, we have won over 20,000 SSDI and SSI cases. We want to win your case too. Contact us today for your free review of your case. Let us help you win SSDI and SSI benefits.
Hire our SSD law firm to give you legal advice and help you through the application process. We have won millions of dollars in ongoing and past due SSD benefits for our clients.
If you want to win SSD benefits, then hire an attorney with the legal experience to win your case. You can hire us for no money down. This means we do not charge you any money up front for you to become our client. Then, you only pay us an attorney fee when you win benefits. If you don’t win, then you don’t pay an attorney fee. Learn how attorney fees work in SSD cases.
If you want to learn more about our lawyers and staff, then read our About Us page. Dianna Cannon, for example, has been helping her clients win benefits for the past 33 years. You can also learn about Andria Summers, who has 23 years of experience working at our law firm. She can help you with your Medicare advantage plan. Brett Bunkall has won hundreds of SSD cases. Call us for help if you are suffering from herniated discs and you can’t work.
