How Does Degenerative Disc Disease Qualify for Social Security Disability in Oregon?
Social Security recognizes degenerative disc disease as one of the spinal disorders that may qualify for Social Security Disability.
You’ve probably had a doctor say one or more of the discs between the bones of your spine have broken down. The discs normally cushion the vertebrae and absorb pressure. The pain in your back or neck, which can also radiate into your arms or legs, happens when those discs degenerate.
One way to qualify for disability benefits for degenerative disc disease is to meet the requirements of the Social Security Administration’s impairment Listing 1.15 for a disorder of the skeletal spine that compromises a nerve root.
This generally requires medical evidence confirming the following conditions:
- Pain, tingling or muscle fatigue following the path of an affected nerve
- Muscle weakness
- Signs of nerve irritation or compression
- Sensory loss or reduced reflexes
- Imaging showing nerve-root compromise
- Serious functional limitations expected to last at least 12 months
For a lumbar nerve-root problem, Social Security may also look at positive straight-leg raising tests performed in both sitting and lying positions.
Meeting this listing can be difficult. You need a specific combination of symptoms, examination findings, imaging and demonstrated losses in how your body functions every day.
But failing to meet every part of the listing doesn’t mean your degenerative disc disease disability claim is over.
Social Security will also assess your residual functional capacity, commonly called your RFC. Your RFC is Social Security’s measurement of what you can still do despite your symptoms, no matter your diagnosis.
For degenerative disc disease, Social Security may look at your ability to sit, stand, walk, lift and carry, climb stairs, turn your head, use your hands or even maintain one position for an extended time.
You may be able to sit for 20 minutes but then must stand. Problems like this may make even a desk job unrealistic, and being unable to work is the key to winning disability benefits.
Your age, education and work history also matter. Social Security may agree that you cannot return to a physically strenuous job like construction, nursing or warehouse work. It may still decide that you could switch to lighter or sedentary work.
But chronic pain, numbness, weakness and medication effects can interfere with just about any kind of job demand.
Social Security should also consider your degenerative disc disease together with any other medically established condition you may have.
Arthritis, spinal stenosis, obesity, migraines, depression or anxiety may add to your limitations. The combined effect may be disabling even when no single impairment meets the details in a Social Security listing.
Your disability claim needs to provide a full picture of your health status.
You do not have to handle the Social Security Disability process alone. You can get someone by your side who has been through this many times and knows exactly what to do and what to say.
At Wells, Manning, Eitenmiller & Taylor, our Oregon disability attorneys individually guide you through the process, protect your claim and help you move toward a better situation.
What Evidence Can Strengthen a Degenerative Disc Disease Disability Claim?
Strong evidence shows both what is happening in your spine and how it affects your everyday life.
These are the kinds of medical evidence to include in a degenerative disc disease disability claim:
- MRI or CT scan results
- X-rays
- Electromyography or nerve-conduction testing
- Physical examination findings
- Range-of-motion measurements
- Muscle-strength testing
- Sensory changes
- Reflex findings
- Straight-leg raising tests
- Records from orthopedic doctors or neurologists
- Pain-management records
- Physical therapy notes
- Injection records
- Surgical recommendations and operative reports
- Medication history and side effects
- Documentation of a cane, walker or brace
Social Security needs to see records over time because the severity of a musculoskeletal condition may improve, worsen or respond differently to treatment.
Make sure to document not just your symptoms but the treatments you have tried, such as physical therapy, exercise, medications, nerve blocks, chiropractic care or assistive devices.
Records showing that symptoms continued despite reasonable care can support the seriousness of your limitations.
Your work history is another important part of the evidence. Explain what your jobs truly required. Include lifting, bending, walking, standing, reaching, equipment use and the pace you had to maintain.
Don’t assume Social Security knows what the jobs you’re qualified to perform involve. Details about your workday and how your condition affects it can strengthen your claim
At Wells, Manning, Eitenmiller & Taylor, a lawyer personally starts your case. You will not be passed around and asked to tell your story again and again.
We can help you:
- Determine whether Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) or both may apply
- Prepare your application
- Gather medical evidence
- Explain your past work
- Document your physical limitations
- Appeal a denial
- Prepare for a disability hearing
- Continue to the Appeals Council
- Appeal in Federal District Court when necessary
You do not pay a disability attorney fee until you win benefits.
Can you get disability for degenerative disc disease? The answer depends on the severity of your symptoms, the quality of your evidence and whether you can still sustain work.
Tell us about your situation and let us help you reclaim your life.
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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.
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