Herniated Discs and Disability Benefits

One of the most debilitating back issues one can face is having a herniated or bulging disc. This condition occurs when pressure builds up against an inter vertebral disc and causes a protuberance to extend from it. A herniated disc can be the result of an injury, normal wear and tear on the area or a degenerative disc condition. Regardless of its cause, it can be painful and prevent someone from continuing to work. When the problem gets to that point, it may be necessary to seek disability benefits from the Social Security Administration (SSA). The information below will be helpful for those who find themselves in that position.

The Pain Associated with a Herniated Disc

Even with treatment, the pain associated with a herniated disc can be excruciating, and often extends to the hips as well as the back. The condition can also cause muscle weakness, loss of reflexes and numbness.

Treatment for a Herniated Disc

Normally, people who have a herniated disc can find relief through physical therapy. Other treatment methods include non-steroidal pain medications, oral steroids, or epidural injections. In severe cases, surgery is the best solution.

Qualifying for Disability Benefits

To qualify for disability benefits with a herniated disc, you must meet the following qualifications:

- The condition must last or be expected to last at least one year or

- The condition prevents you from performing necessary daily tasks (cooking, bathing, dressing, etc) without assistance.

It should be noted that most herniated discs heal within approximately six weeks or are repaired with surgery. So, meeting these requirements can be difficult.

Blue Book Listing

For people who have a herniated disc issue that is so severe that the qualifications are met, the full list of qualifications can be found in the SSA’s Blue Book, or Listing of Impairments, Section 1.04, “Disorders of the Spine”. Some of these qualifications include:

- The issue results in a compromise of the nerve root

- Causes distributed pain, limits spinal motion or causes motor loss due to the atrophy of unused muscles

- Loss of senses or reflexes

- Limits motion of the legs.

Some of these symptoms may be difficult for the average person to identify, so it is important to consult with a physician about the condition and your associated symptoms.

Not Meeting the Blue Book Qualifications

If you do not meet the Blue Book qualifications, there is a chance you may still qualify for benefits. To do so, you must be able to prove that your herniated disc causes you to no longer be able to any type of work for which you have been trained. Further, you must be over the age of 50 and cannot do any of the work-related activities you have done in the past.

Applying for Benefits

The best course of action you can take when applying for benefits is to be thorough when completing your application. Before you fill out your application for benefits, have the following information ready:

- MRI/CT scans (provide as many as possible over a significant period of time)

- List of previous and current treatments (braces, medications, physical therapy, surgeries, etc)

- History of hospitalizations

- General medical history

- Residual Functional Capacity test results (if necessary).

Work With a Disability Lawyer

Since being awarded disability benefits because of a herniated disc is so difficult, it is helpful to work with an experienced disability lawyer. A disability lawyer can help you prepare a strong case, keep your paperwork organized and knows how to avoid the pitfalls that may come up during the process.

If you have questions about applying for disability benefits with a herniated disc or would like to begin the application process, contact Fred London Law today. We are here to help you win your disability case.