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Back Injuries and qualifying for Social Security Disability

Appealing for benefits is best done under the guidance of an experienced disability lawyer.

Author: Attorney Lloyd Bemis
Updated: 7/24/2024

Can I get disability benefits if I am suffering from the effects of Back Pain?

To qualify for Disability Income due to chronic back pain, it is important to note that there is no specific listing for this condition in the Blue Book. However, it does list conditions such as spinal stenosis, nerve root compression, spinal fusion issues, arachnoiditis, and spondylitis all of which can lead to chronic back pain. Approval is based on the extent and duration of the back pain, its impact on daily life, and the ability to earn a living. Medical evidence, including a diagnosis of a specific condition, complete medical records, doctors’ notes, medications used, treatments, and how chronic back pain affects daily life, is crucial.


Can I get disability benefits if I am suffering from the effects of Back Pain?

Back pain is one of the world’s biggest health issues and one of the most common reasons people see a doctor or miss work. It is estimated that 80% of people in the United States will experience back pain at some point in their lives. Back pain can be a sharp or shooting pain, or a constant ache. If you are suffering from the effects of back pain you may qualify for disability benefits.

Back Pain disability lawyer


There are two types of back pain: acute (or short term) and chronic.

Acute back pain usually resolves on its own in a few days to a few weeks and there is no loss of function while chronic back pain continues for 12 weeks or longer, even after an injury or underlying cause has been treated.


The following are some examples of common back problems:

  •    Disc degeneration, an age-related condition that happens when one or more of the discs between the vertebrae of the spinal column breaks down.
  •   Traumatic injury, such as a car accident or a sports injury.
  •   Compression of a nerve root in the spinal column.
  •   Herniated or ruptured disc, a condition that occurs when the rubbery cushions between the vertebrae of the spine become compressed and rupture.
  •   Spinal stenosis, a condition that results in the narrowing of the spinal column, putting pressure on the spinal cord and nerves.
  •   Skeletal irregularities, such as scoliosis (a curvature of the spine).
  •   Sciatica, caused by compression of the sciatic nerve.
  •   Spondylolisthesis, a condition where a vertebra slips out of place and pinches the nerves.

These conditions and accompanying symptoms can cause you to miss work and jeopardize your ability to maintain employment.


Though most cases of back pain get better within a month, others may last much longer.

Among the treatments recommended are pain relievers, muscle relaxants, topical pain relievers, anti-depressants, physical therapy and, in severe cases, surgery.

Demonstrating that you are following your doctor’s treatment plan is an important part of qualifying for disability benefits.


How Can I Qualify for Social Security Disability Income?

The Social Security Administration provides a manual called the Blue Book that contains a listing of impairments that can automatically qualify for disability benefits.

Although there is no specific listing for chronic back pain, the Blue Book does list conditions such as spinal stenosis, nerve root compression, spinal fusion issues, arachnoiditis and spondylitis, which can lead to chronic back pain. Approval for chronic back pain is not based on symptoms alone, but depends on the extent and duration of your back pain and how it impacts your daily life and ability to earn a living. Most important, you will need proof of a medically determinable impairment (MDI). A medically determinable impairment is documentation that shows your back pain is caused by a physical abnormality of the spine or spinal canal.


You will need to submit the following medical evidence to Social Security:

  •    Diagnosis of a specific condition leading to chronic pain.
  •   Complete medical records including MRIs, x-rays, CT scans, blood tests and nerve studies.
  •   Doctors’ notes showing your level of pain, triggering events, and rate of recurrence.
  •   Medications used, efficacy and side effects.
  •   Treatments used to relieve pain and your response.
  •   Doctors’ notes should include how chronic back pain impacts your daily life.


You may be asked to fill out an ADL form (Activities of Daily Living) to describe how chronic back pain impacts your normal day.

Consider your daily tasks fairly and don’t exaggerate as that may damager your credibility. Among the questions you should ask yourself:

  •    What tasks are you no longer able to do?
  •   What tasks take longer than normal?
  •   Is your social schedule the same or has chronic back pain kept you from going out?
  •   How has pain affected you psychologically?
  •   Are you depressed or moody and has that alienated you from others?
  •   Does pain keep you from thinking clearly or remembering?


Any of the above could interfere with maintaining full-time employment.

Social Security may also contact your friends and family to ask about your normal activities and if your pain is noticeable to them.


Your treatment history and doctors’ opinions are very important in getting approved for disability benefits.

Social Security will use your medical records and doctor’s opinion to conduct a residual functional capacity (RFC) assessment to determine if you can perform your last job or any job taking into account whether or not you are able to drive, your age, and your level of education. You should ask your doctor for a statement detailing your limitations and restrictions.

For example, you might have the following restrictions caused by back pain:

  •   Unable to sit 6 hours.
  •    Unable to stand 2 hours.
  •   Unable to walk 1 block without stopping.
  •   Unable to carry 10 lbs. during a work day
  •   Needing to lie down during the day.
  •   Must keep one or both legs elevated.
  •   Unable to bend over and lift.
  •   Unable to reach overhead.


Age or another medical condition may help you get approval.

Social Security may find that your old job is too strenuous and depending on your age and job experience, Social Security might not expect you to learn a new job.

Social Security follows a set of medical-vocational grid rules to determine when the agency expects an applicant to learn a new job. Disability applicants who are older than 50 or 55 will often fall under a grid rule, which means they don’t have to learn a new job; for example, a 55-year-old man who has worked in construction all his life and has little experience with computers. If you can’t go back to your old job and you don’t have to learn a new one, Social Security will likely grant you disability benefits.


Additionally, you may be eligible for Social Security Disability benefits if you have another impairment, such as high blood pressure or asthma.

By itself one disorder may not meet the requirements of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.

Social Security disability lawyer

“Once Social Security determines the limitations caused by your condition, they will employ a vocational expert to assess whether a person with these limitations is employable. Most vocational experts will find a person to be unemployable if their condition or the treatment rendered for the condition causes the person to regularly be absent two or more days a month or be “off-task” 15% or more of the workday.”


Bemis, Roach & Reed Back Pain Case Examples

A client from Central Texas had applied for disability for Degenerative Disc Disease,
Depressive Disorder, and PTSD and was denied benefits by the SSA who stated he was still able to maintain employment.

During the hearing before an Administrative Law Judge, Daniel Messenger represented the client and presented medical evidence concerning the client’s back pain as well as findings of PTSD and depression. Taking into account the client’s level of residual functioning capacity, we successfully demonstrated to the vocational expert that, considering the claimant’s age and work experience, there were no available job opportunities suitable for the claimant.

The judge then awarded our client full disability benefits.


Continuing neck and back problems plagued one Grand Prairie, Texas client, followed by multiple surgeries.

After one of the surgeries, one of her treating physicians, a neurosurgeon, stated on Cigna’s attending physician statement that she was unable to work secondary to pain and weakness and that she would never be able to return to work. The client underwent a two-day FCE protocol after which a Board Certified Orthopedic Surgeon wrote that her results were “about the clearest-cut case of someone applying for long-term disability that deserves it that [that physician had] seen in 27 years of clinical practice as a spinal surgeon.” The doctor further indicated that client was not fit for employment and that this would be a lifetime condition.

She was awarded SSDI, but Cigna denied her LTD claim anyway. We challenged the denial and Cigna settled.


A Frisco, Texas client suffered from severe, intractable low-back pain. Imaging studies revealed multi-level degenerative disc disease of his lumbar spine.

Because of the extent of the degeneration, his orthopedic surgeon restricted him from bending, lifting anything exceeding ten pounds, and twisting. Even with these restrictions, his doctor stated that the client was unable to return to work due to continuous low back pain, that walking more than 100 feet was virtually impossible for him, and that he was unable to sleep for more than two hours at a time due to pain. Physical therapy only aggravated his condition. The doctor felt that he was unable to return to any type of meaningful occupation for the foreseeable future and that he should be considered persistently disabled until further notice.

After CIGNA denied him anyway, he hired Bemis, Roach & Reed. We were able to get him a settlement.


Another client of ours from The Woodlands suffered from back pain, depression and carpal tunnel syndrome.

He had undergone an attempted lumbar decompression and fusion between his fourth and fifth lumbar vertebrae. This failed and was followed by a second surgery that attempted to fuse the third through fifth lumbar vertebrae. The second surgery failed, too, and the client’s condition continued to degenerate. He was on constantly increasing pain medications. The Social Security Administration awarded him full disability benefits. Prudential denied his LTD benefits, even though multiple physicians declared him completely disabled.

We appealed and got him a settlement.


Claim for lumbar radiculopathy long-term disability:

Physicians had previously certified that our client from Streetman, Texas had a class 5 physical impairment and was totally disabled. Aetna’s own file reviewer indicated that the client was unable to be employed as a Registered Nurse. The denial letter suggested that she could engage in other types of nursing. This analysis did not, however, take into account her current restrictions and limitations. She had a history of a lumbar fusion surgery as well as chronic and persistent lumbar radiculopathy with chronic pain syndrome. This resulted in a very poor sitting tolerance of approximately ten minutes. She was also noted to have a short walking tolerance and was unable to lift more than five or ten pounds. For these reasons, our client was incapable of working full time. She was awarded disability benefits from the Social Security Administration.

Though Aetna denied her claim, we were able to get her benefits reinstated.

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Disability Benefits FAQs


Social Security has some basic financial requirements.

Before you are eligible for Social Security disability benefits, you must satisfy some basic financial requirements. You must: 1) have a disability that has lasted or is expected to last 12 months; and 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,550 per month in 2024 for nonblind applicants and $2,590 per month for blind applicants.
Basic SSDI Requirements –>


You may also be eligible for Social Security Disability benefits if you have another medical condition.

One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>

If you are 55 or older or have another medical condition you may get approval.

Applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job.
Disability for those over 55 –>

You may also be eligible for Social Security Disability benefits if you have another medical condition.

One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>

Should you file a claim?

If you believe that you meet Social Security’s medical and financial requirements, you should apply for benefits. If you are still unsure or would like to talk to someone, please contact us at 512-454-4000. We are always ready to take your call and discuss your options with you free of charge. We are happy to help folks just like you find the best solution for their personal situation.

How do I file for Social Security Disability benefits?

Once you have decided to file a claim, you can take the first step and apply for Social Security Disability benefits in person at your local Social Security Administration office, online, or over the phone.
How to Apply for SSDI –>

Appealing denied benefits

Most who file are denied initially. That doesn’t mean you won’t qualify; you just need to file an appeal.
There are four steps to the Social Security appeal process.
SSDI Appeals Process –>

Do I need a disability attorney for SSDI?

You may certainly file a claim on your own, but evidence shows that your chances for approval are increased significantly if you have legal representation.
Do I need an SSDI attorney–>

What if I don’t qualify for SSDI?

If you haven’t worked long enough to earn enough work credits, or if you earn too much income, you may be eligible for disability benefits through another Social Security program, such as Supplemental Security Income (SSI), or from a long-term disability insurance plan through your employer or a privately purchased policy.
What is Supplemental Security Income or SSI?–>

I have long-term disability insurance – should I file a claim?

Absolutely – you should file a claim as soon as you become disabled.
LTD Disability Appeals Process–>


best social security disability lawyer
Disability benefits are an important source of income for those who are unable to work. If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.

Attorney Lloyd BemisAuthor: Attorney Lloyd Bemis has been practicing law for over 35 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Bemis obtained dual board certifications from the Texas Board of Legal Specialization. Lloyd is admitted to practice in the United States District Court – all Texas Districts and has argued before the U.S. Court of Appeals, Fifth Circuit. Mr. Bemis is a member of the Travis County Bar Association. He has been active in the American Association for Justice and is a past Director of the Capital Area Trial Lawyers Association. Mr. Bemis and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.

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