Can Spinal Stenosis qualify for SS Disability Benefits?
Can I get disability benefits if I am suffering from the effects of Spinal Stenosis?
Author Attorney Greg Reed:
The American Academy of Orthopedic Surgeons estimates that spinal stenosis affects 8 to 10 percent of the population.
The spine is made up of a column of bones called vertebrae that provide support for the upper body.
Nerves run through the openings in the vertebrae, conducting signals from the brain to the rest of the body. Spinal stenosis occurs when the spaces between the vertebrae narrow, putting pressure on the vertebrae and nerves that run from the spine to the arms and legs. Any damage to the nerves, bones, or tissues surrounding the spinal cord can affect a person’s balance, walking, and sensation.
There are three primary degenerative changes that lead to stenosis:
- Deterioration of discs that separate the vertebrae;
- Degradation of the surface of spinal joints (or facet joints); and
- Bone spurs.
Spinal stenosis can occur anywhere along the spine and is also referred to as pseudo-claudication, central spinal stenosis, or foraminal spinal stenosis.
There are two types of spinal stenosis; cervical stenosis occurs in the neck while lumbar stenosis, the most common form, occurs in the lower back. Spinal stenosis is a gradual process and initially there may be no symptoms, but evidence of spinal stenosis may appear on an MRI or CT scan.
Symptoms become worse over time and can be debilitating.
Common symptoms include:
- Weakness and/or numbness in the hands, arms, feet or legs
- Neck pain
- Back pain
- Difficulty walking or with balance
- Pain and cramping in one or both legs when standing or walking for long periods of time
The main cause of spinal stenosis is general wear and tear on bones and tissue as a person ages.
Tissue begins to thicken and bones become larger, compressing nerves. Though the majority of people affected are over the age of 50, age is not the only causal factor in spinal stenosis.
The following may also contribute to spinal stenosis:
- Spinal injuries from car accidents and other trauma;
- Scoliosis (spinal curvature)
- Defect of the spine at birth or a naturally narrow spinal cord
- Herniated disk
- Bone tumors
- Osteoarthritis and rheumatoid arthritis
- Paget’s disease (causes bones to become fragile and misshapen)
- Achondroplasia (a form of dwarfism)
In order to diagnose spinal stenosis, a physician will first ask questions about a patient’s medical history.
Tests such as X-rays, MRIs, CT scans and electromyograms will show images of the spine and evaluate nerve condition. Treatment of spinal stenosis depends on the location and severity of the condition. Usually medications such as ibuprofen and acetaminophen are prescribed to relieve and manage pain. Injections of cortisone may help as well as physical therapy and exercises to build strength and maintain flexibility.
Contact a Social Security disability attorney at 512-454-4000 for a free consultation and see if you can get disability benefits while suffering from Spinal Stenosis. If you have been denied disability don’t give up!
If conservative measures do not yield satisfactory results, surgery may be considered, especially if a person experiences continued numbness and weakness that causes difficulty walking or standing, or causes bladder or bowel problems.
A surgeon will adjust, trim or take out the part of the spinal column that is causing pressure on the nerves and damaging nearby healthy tissue. Though surgery may increase mobility and relieve pain, it also carries the risk of infection and blood clots. Surgery may also tear a membrane that covers the spinal cord. These resulting problems can all be treated, but recovery would be delayed.
Physicians and researchers are now exploring more innovative techniques to manage spinal stenosis.
Stem cell therapy, also known as regenerative medicine, uses stem cells to promote the repair of diseased or injured tissue. Stem cell therapy can be used to replace or replenish cells that have been destroyed or damaged by osteoarthritis or rheumatoid arthritis and contribute to spinal stenosis. Stem cells are the body’s cells from which all other cells with specialized functions are generated. Stem cells can divide to form more cells called daughter cells which either become new stem cells or become specialized cells with a specific function, such as bone cells. The anti-inflammatory and angiogenic (promotes growth of new blood vessels) properties of adult stem cells help heal damaged tissues, manage deteriorating discs due to age and disease, and avoid bone spur formation.
Spinal stenosis can lead to muscle weakness and pain and numbness in the legs and back that prevents an individual from walking or standing for long periods of time.
Spinal stenosis is recognized by Social Security as an impairment that automatically qualifies for Social Security Disability benefits, provided an applicant meets the requirements of the listing.
1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord.
Social Security will expect an applicant to provide complete medical records including results of physical exams, imaging tests, treatments and medications that have been tried.
In order to be eligible for SSDI:
- The spinal stenosis must be in the lumbar region;
- The applicant must have an MRI or CT scan confirming spinal stenosis;
- The applicant must have chronic pain that does not radiate from a nerve;
- The applicant must have pain throughout the lower back, thighs, and buttocks;
- The applicant must have weakness in the lower extremities; and
- The applicant must be unable to walk without a walker or two crutches or someone to assist them.
If you have been diagnosed with spinal stenosis and are in pain, but able to get around without assistance, you will not qualify for SSDI under the requirements of this listing.
Still, spine issues can have a devastating impact on your ability to lift, sit or stand for long periods, walk, or bend over. Your inability to perform these tasks may render you unable to work and may qualify you for SSD benefits for a medical-vocational allowance, especially if you are over 55.
If you are suffering from Spinal Stenosis and it has impacted your ability to work, you may qualify for Social Security Disability benefits.
LTD Spinal Stenosis Claim:
One San Antonio resident had been found to be totally disabled by the Social Security Administration. She suffered from severe spinal stenosis, severe degenerative facet arthropathy, and a grade 2 spondylolithesis. Under Social Security’s guidelines, a person with our client’s objectively documented condition is presumptively disabled from any gainful activity. She required a combination of Vicodin and Ultram simply in order to function. These medications are known to be cognitively impairing, however, and she had previously reported to Liberty Mutual that she could not concentrate when taking Vicodin and that her concentration was impaired by painkillers and pain. Liberty Mutual denied her claim, but we appealed, convincing Liberty Mutual to settle.
A client in San Angelo suffered from chronic pain resulting from failed surgical spine syndrome with arachnoiditis entrapping nerve roots and retrolisthesis, which caused significant spinal stenosis.
He experienced significant radicular pain with lifting, carrying, and prolonged walking and standing. Two physicians and the SSA certified him to be totally and permanently disabled from any occupation. Johnson & Johnson, however, contended that, though he could no longer perform his previous job, he was not disabled from any profession and could work a full-time, sedentary job. We appealed his denial and got his benefits reinstated.
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 disability lawyers of Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.
Author: 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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