New Rules for Back Injury and Social Security Disability

Back pain and injury claims are among the most common types of ailments reported by Social Security disability claimants. Over the years, however, Social Security has made it more and more difficult to win disability benefits for musculoskeletal claims.

As I discuss in this video, however, Social Security does tell us what they want to see in order to approve your case. A significant clue can be found in the preamble to Listing 1.

Even if your case is not listing level, the Listing 1 preamble tells us that SSA will focus on loss of function rather than pain, and recent objective testing rather than older diagnostic testing.

Listing 1 also suggests that Social Security will assume that your capacity to function has improved if you are not seeing a physician regularly for your back, knees, arms, shoulders and other joints and that your lack of financial resources to pay for testing or to pay for treatment will not be considered.

If you want to win your back injury case in 2020, the evidence you and your attorney present must fulfill the requirements that Social Security has published. By knowing what kind of evidence SSA wants, you can greatly improve your chances at an approval.

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[lilmomjuly]

I have become a HUGE fan of yours! I use your videos to educate myself so I don't feel so powerless in my situation. I have been in a battle with SS since the beginning of 2013 and the US district Court just ruled in my favor for the 2nd time to remand my case back to the AJL level. I am actually curious how often that happens. I hope that 3rd time's a charm. I would love your opinion on the District court issue. Have a fabulous day and I look forward to more videos.

[twistof-faith]

When getting a MRI.. Don't let them prop up your knees.. That changes the alinement of the back in the lumbar area. It may reduce the pain while having the MRI. But it also reduces the pinching of the nerves that you are trying to see. You don't walk with your hips bent and knees bent. So don't do it when getting imaged.

[junipertoby]

If I could work I would have never filed for disability, Admitting the fact I physically can't was the hardest part,

[teddyC]

I lost my back issue case to a ALJ in May 2019, my lawyer appealed it to the appeal council and was remanded for Oct 2020 with a different ALJ. I prey for better results this time . Thank you for your videos, it’s a big help

[maryc]

Thank you so much for everything. I won in 2020.

[miguelcarter]

I don’t know about other -peoples bodies but after age 40 there’s not much injury that gets better with time

[Lilcisco]

I was born with Scoliosis and a tubercular hip, this is my 3rd try. And in these Tuff times like these I'm hoping and praying every day that I win this case.

[eddiekulp]

The fraud claims hurt those that really are disabled govt doubts all of them

[marilynpoteet]

Thanks for sharing. I live in Kentucky. I’m in the initial phase due to pain related to spondolythesis lower back, Degeneration And bone spurs in the Neck. I’m postponing surgery till hopefully the virus clears up more. I get hand numbness after about 10 minutes and have to lay down after being up for about 2 hours. I quit working in February As a nurse after tying physical therapy and 3 epidural Injections since July of last year. These helped some but Did not get me back to a level of working a full day. I had to take a break after 2-3 hours and lay down and then leave for the day by 12. The doctor I worked for was very accommodating but After 7 months and not being back to full time he told me I needed to apply for disability. I’d been with him for 9 almost 10 years. I’m 56 and been working since 1984 when I got out of nursing school. I have had 2 falls since this past Sunday and today is Thursday. I’m scheduled to go for a medical evaluation next week that was scheduled by disability. Any advice to offer. Thanks for all the time you spend to share advice in your videos. I just recently found you and have been watching some of your older videos as well.

[patriciaokelley]

Well I feel for the people who are DISABLED trying to get approved. I have 2 ruptured discs in my lower back, trouble walking, morbidly obese because I am sedentary since I can't walk for more than 5 to 10 minutes max. Diagnosed with rheumatoid arthritis, gouty arthritis, osteoarthritis with my entire left hip ate up with arthritis and my lower back has severe arthritis. I am also going deaf and have been since I was in the first grade. My lawyer said that they fight against any physical Disability and so my hearing almost meet the listing so I went and had another hearing test since it had been 10 months since the last hearing test and I meet the listing. When the lawyer told the judge that I would need accommodation in the hearing, he said that I didn't have to be there and he had some time doing nothing so he told her to come on down and he approved me from the date of the hearing test. I still have trouble standing and walking around, but I am on Disability because of my hearing problem. I can feel some sounds so it helps me to hear more than I normally could. Sometimes you have multiple reasons and you have to go with the one that meets the listing.

[JoshLawn]

My back case: The judge said after my hearing, that what won my case was the neurosurgeon signed a paper I printed, stating that I met a listing.

[bruce]

I found your videos extremely helpful. I am going thru the process right now with disability. One of the biggest challenges for me is the inability to talk face to face with my lawyer due to covid-19. My hearing is Jan. 2021.

[gregorycunha]

I love your video you seem so genuine and concern I can see that in the person you are. They need more lawyers like you . I receive SSI for everything your talking about I have multiple herniated disc sciatica nerve damage severe carpal tunnel in both hands .

[davidkatz]

Your information is great, and true, I had no problem with getting SSDI .

[kenjett]

I filed back in 1996 got my disability in 1999 I was 36 when I filed. My disability is mostly based on back injury and I was approved on something I didn't hear mentioned. That is are you hireable in my case I had lumbar and cervical spine surgery with metal implants. In the process of seeking work you are required to report this to any potential employer. Thus with this type of injury and medical implant you become a risk for any perspective employer thus unhireable. I am considered unemployable due to risk caused my injury. As I have gotten older I have become more invalid due to the deterioration of my spine. But back when I 1st became legally disabled I was still able to get around pretty good thanks to the surgery. Many times I wanted to try and work even just part time but no one would hire me. Every time I applied and got called for interview my back injury always came up and that would end that. So my question is more a request and that is to elaborate on those like me that may be able to work but not employable due to the risks involved.

[joeltowle]

I turned 51 high school ed., Grunt work. Have bad ankle, knee, shoulder, and L4-L5 herniated disk, ddd and disks pressing on the nerve and got denied in 2020!

[TommyQuick]

I was denied at initial and reconsideration here in Florida last year. I met the listing and a functional capacity form filled out from my doctor along with MRI's and nerve conduction tests showing severe muscle wasted and neuro damage. After following up upon denial i discovered they had conveniently lost my nerve conduction results and were never taken into consideration, which i had sent several times. I wish i had retained a lawyer at the time. I was in a auto accident a year ago which aggravated my condition again and had more MRI's which showed 2 more herniated disks along with the 3 in lumbar and another serious one in my cervical. I am working part time 20 hours a week delivering food because it allows me to sit and stand alternately for around 4 hours a night. My legs go numb after about half hour to 45 minutes of standing. I called a lawyer here and he denied my case because he said i was working more than 16 hours a week. Does this sound right? I have decided to reapply instead of wait for a hearing, so will reapply and if denied, pick up a lawyer before reconsideration. Your videos have been a huge help. I did everything right except retaining a lawyer the first time.

[cindygardner]

I am literally 2 weeks away from my SS hearing. My hearing is September 15th, 2020. I was diagnosed with Degenerative Disc Desease, Osteoarthritis in my right knee, Anxiety and Major Depression. I only was given an XRay of my back. No CT scans, no MRI was performed. Without even asking, my Orthopedic wrote me a letter stating I couldn't work sitting for long periods and cannot stand for long periods either. He also filled out all of the lawyers paperwork about what I can do and cannot do, lifting, stretching etc. Also my Therapist counselor wrote a letter on my behalf and also filled out the lawyers paperwork about my emotional stability etc. I've also suffered two strokes, one in 2017, and the other in 2018. My Dad passed away September of 2018 and have gone down since, I do not drive, and have never driven due to my terrible Anxiety. Do I have a chance to win at all without MRI or CT scan? There is very little I can do in two weeks is there? And I forgot to add, I've also dealt with panic attacks since having my first stroke and I have been involved in 3 car accidents. One in 1990, the 2nd one was on mid 2000's, and the third was March of 2019. I suffer from vertigo and was prescribed meds to help but it takes at least 1, 2 hours to kick in.. I suffered eardrum rupture when I was a child and have had recurring middle ear trouble off and on for my entire life.I was also diagnosed with carpal tunnel if both hands and prescribed hand splints to wear at night. I also was injured on the job at two separate jobs( work man's comp) had to go into physical therapy to return to work.Both were back injuries. And also on my last job I had two have two foot surgeries, one on each foot to remove heel spurs. Thank you in advance for your reply. I would appreciate the feedback because I am extremely nervous. This is my appeal, but with a lawyer this time. So hopefully this will improve my chances.

[sarahwashington]

2023 thank you getting ready for my appointment thank you

[lynn]

Thank you for all the information you have provided in these videos. I am a 46 year old social worker, and worry that I’m no longer able to keep myself safe in the field due to my pain and functional issues. I left my job of 11 years in 2019 in order to take a job with less field work, hoping it would help me keep working longer. I’ve had a job since I was 15, and hate that I’m to the point of feeling like working is no longer doable.