More people file Social Security disability claims based on back pain than for any other medical condition. If you are age 50 or older and your past work required physical exertion such as lifting, carrying, reaching, pushing and pulling, there is a very high likelihood that you have suffered a back injury.
Because severe and chronic back pain impacts every aspect of your work life, Social Security judges will often approve these claims. They understand that chronic back pain will impact both your capacity to physically perform your job, and the pain will impact your focus and concentration.
On the other hand, since so many people allege disability based on back pain, SSA’s administrative law judges will expect to see evidence, in the form of abnormal MRI scans, CT scans or other imaging tests, that you have damage to your vertebrae and/or discs.
Why Judges Expect to See Abnormal MRI or CT Scans
MRI and CT tests are favored by judges because they clearly show if your spinal cord is being compressed or touched by bone or soft tissue. Since your spinal cord carries electrical impulses from your brain to your arms and legs, any impingement to the cord can reasonably be expected to cause interference with function and/or pain.
If you appear at a disability hearing without MRI or CT evidence of problems with your spinal cord, then you can only win if the judge believes you when you say that you are in severe pain. Several years ago, this strategy could work but in 2017 and beyond, judges are being told by Social Security higher ups to only approve cases where there is medical evidence consistent with your complaints of pain and limitation of function.
The medical evidence you need to win includes both an MRI or CT test that shows a serious problem in your spine, and medical records from one or more treating doctors whose examinations reflect your complaints of pain, and unsuccessful efforts by the doctor to alleviate your pain and discomfort.
SSA Evidence Requirements May Seem Unfair
It may seem unfair that Social Security demands expensive diagnostic tests and medical treatment records from individuals who are not working and who may not have insurance but this is the state of Social Security disability today.
Our experience has been that any disability claimant with an abnormal MRI or CT and support from a treating doctor has a reasonable chance at winning. Claimants over age 50 with documented back problems have a better shot, and claimants over age 55 with back problems have an even better chance at approval because of the Grid Rules.
If you are looking to pursue disability based on back pain or spinal injury, and you have support from your doctor and abnormal test results, our firm can help you win SSD benefits. Call our office at 770-393-4985 to learn more.
