How do You Win a Back Pain Case Before a Social Security Disability Judge

If you are applying for Social Security disability benefits on the basis of back pain, you should be aware of how disability judges approach spinal injury cases. Bank injury and pain is the most common impairment seen by Social Security administrative law judges. You can improve your chances of winning when your case stands out from others that the judge may see that day or that week.

As I discuss in this video, it is not enough to appear in court simply with complaints of spinal discomfort. Judges hear this type of testimony every day. Instead, your case file must contain objective evidence of such things as a herniated disc, spinal stenosis, nerve root impingement or severe degenerative disc disease. Evidence should be in the form of an MRI, CT, discogram or other radiographic tests that clearly document a significant problem. X-ray evidence, by the way, will usually not be enough.

Ideally, your case file will contain treatment records from a medical specialist such as an orthopedist or neurosurgeon. If you are designated a surgical candidate, or if you have had surgery that has not been successful and you have been referred to long term pain management, judges will recognize that your back injury is debilitating. This is the level of damage you will need in most cases.

In addition to presenting medical records that document a severe and long lasting problem, statements or completed functional capacity evaluations from your treating specialists can tip the balance in your favor. Functional capacity evaluation form (prepared by your lawyer) that ask your doctor to evaluate your capacity for sitting, standing, lifting,and climbing will help the judge understand the extent of your back injury.

Further,observations from your doctor that you would likely miss excessive time during a workday, or that you would be absent two or more days per month, or that side effects from your medications would impair your concentration can greatly improve your chances at winning.

Your testimony at your hearing should also be very specific about exactly what you can and cannot do - avoid statements like “I can’t lift very much” or “I can’t sit too long.” Before the hearing, you should be prepared to answer questions from the judge about how much you can lift, how long you can sit or stand, do you have trouble bending, stooping, crouching, crawling, or kneeling. You should be prepared to speak clearly about how often you have to lie down to take the pressure off your back and how you feel after taking pain medications. None of these questions should be a surprise to you if you have been properly prepared by your lawyer.

If you have a diagnosed back problem that limits you in such a way that you could not perform the duties of even a simple, entry-level, sit-down type of job, we’d love to hear from you. #backpainandsocialsecuritydisability #disabilitylaw #spinalstenosisanddisability

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