Does a Herniated Disc Qualify for Disability in Oregon?
Social Security has a specific set of medical requirements for certain spinal disorders in its listing of impairments, often called the “Blue Book.”
A herniated disc may qualify under Listing 1.15, Disorders of the Skeletal Spine Resulting in Compromise of a Nerve Root.
To qualify under Listing 1.15, Social Security requires medical evidence establishing several specific findings, including the following:
- Symptoms of nerve root compromise: These may include radiating pain, tingling or muscle fatigue along the path of the affected nerve.
- Neurological findings: Medical examinations or diagnostic tests must document muscle weakness and signs of nerve root irritation or compression, along with qualifying sensory changes or reduced reflexes.
- Medical imaging: Imaging must show findings consistent with nerve root compromise in the cervical or lower spine.
- Severe physical limitations: Your condition must also meet the listing’s specific functional requirements, such as a documented medical need for certain mobility devices or qualifying limitations involving use of the upper extremities, lasting or expected to last at least 12 months.
This makes your medical records extremely important when applying for herniated disc disability benefits. Depending on your condition and treatment history, evidence that may help establish your claim can include the following:
- MRI or CT scan results documenting the herniated disc and any nerve compression
- Neurological examination findings, including muscle strength, sensation and reflex testing
- Records from your primary care physician, neurologist, orthopedic specialist or other treating providers
- Documentation of physical therapy, medications, injections or other treatments
- Surgical records and follow-up evaluations if you have undergone spinal surgery
- Medical opinions explaining your physical limitations and expected recovery
Your treatment history can also help Social Security understand how your condition has progressed—what treatments you’ve tried, whether you needed surgery, and how your condition has worsened over time and limits your ability to work.
Social Security evaluates the medical evidence, the severity of your condition, your response to treatment and your ability to function.
You can get answers about how strong your case is for disability benefits by talking to Wells, Manning, Eitenmiller & Taylor. There’s no cost for a consultation.
How Can You Prove a Herniated Disc Prevents You From Working in Oregon?
Wells, Manning, Eitenmiller & Taylor can help identify the medical evidence your herniated disc disability claim needs and work with you to make sure Social Security understands how your condition affects your life.
Our disability lawyers can help you pursue disability benefits even if your herniated disc does not meet every requirement of Social Security’s medical listing.
In these situations, Social Security evaluates your residual functional capacity (RFC). Your RFC describes what you are still physically and mentally capable of doing despite your medical conditions.
For someone with a herniated disc, this assessment can be especially important because the limitations may extend far beyond an inability to lift heavy objects.
Social Security may consider how your condition affects activities such as:
- Sitting, standing or walking for extended periods
- Bending, twisting, reaching or lifting objects
- Using your arms or hands when a herniated disc in the neck affects the nerves
- Maintaining concentration when pain interferes with your ability to focus
- Performing activities consistently without needing frequent breaks or changes in position
- Attending work regularly when symptoms or treatments disrupt your schedule
Social Security will also consider whether you could perform another type of work, including a less physically demanding job.
This is where herniated disc disability claims can become complicated.
It may be obvious that someone with a herniated disc cannot perform physical labor. But they may still have significant difficulty with even sedentary work.
You may need to document an inability to sit for prolonged periods, remain in one position or repeatedly use your hands.
Social Security also considers factors such as your age, education, previous work experience and transferable skills when deciding whether you could adjust to other work.
And in addition to your health limitations, you must have a qualifying work record for Social Security Disability Insurance (SSDI) benefits or meet the income and resource limits for Supplemental Security Income (SSI) benefits.
Wells, Manning, Eitenmiller & Taylor can help you apply for benefits and appeal a denial.
A denial doesn’t necessarily mean your condition isn’t severe enough to qualify. We can review the reasons for the decision, identify evidence that may be missing and help you pursue an appeal.
With our firm, you work directly with the same Oregon disability attorney from the beginning of your case. You will not have to keep explaining your situation to different people while trying to manage your health.
We have more than 60 years of combined experience helping Oregonians pursue disability benefits. We’re familiar with the local medical services, Social Security offices and disability judges. Most importantly, we take the time to listen to your story and understand what you are going through.
If a herniated disc has taken away your ability to work, disability benefits could provide the monthly income support you need to regain some financial stability and independence.
We’re with You Every Step of the Way
Whether you’re trying to determine if you’re qualified for disability benefits, you need help filing your application, or you received a denial notice and want another chance, our law firm helps from the beginning and stays by your side.
Have a Question about Disability Benefits?
Your health is bad. You can’t work. Your financial stability is threatened. So your head is swimming with questions. How will you get by? How does Social Security Disability work? We’ve gathered answers. See them here:
Disability FAQs »
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