If you meet the basic eligibility requirements for one of Social Security Disability’s two benefits programs, your chronic back pain could be considered a disability if:
- It has an underlying medical cause
- It temporarily or permanently affects your mobility
Your back pain, its cause, and the toll it takes on your health and lifestyle will be evaluated based on the medical evidence you provide with your application.
An Attorney Can Help You Appeal a Denied Claim for Chronic Back Pain
Understanding the application process and fighting for the benefits you are entitled to can be challenging on your own. While you cope with your persistent back pain and the treatments you require, a Social Security Disability lawyer in your area can help you deal with the application process. If your initial application is denied, your lawyer can also help you file an effective appeal.
For a free legal consultation, call (404) 888-8888
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Document the Cause and Severity of Your Chronic Back Injury
Proving your chronic back pain has a medical cause and qualifies you for disability benefits means compiling medical evidence. Social Security Administration (SSA) guidelines request the following:
- Medical records related to your disability from every hospital, clinic, and health care facility where you received treatment
- A definitive diagnosis and detailed description of your pain and its relative scale
- A complete medical history and the results of a comprehensive physical examination
- Documentation of your symptoms and results of any laboratory and imaging exams
- Medical evidence of your inability to walk, push, pull, lift, carry, or otherwise engage in meaningful activities
When an SSD attorney represents you, they will help you avoid many of the common mistakes that can negatively impact your application. Your attorney will also ensure your application is complete and contains all necessary information and attachments.
The Benefits of Having an SSD Lawyer on Your Side
Applying and fighting for SSD benefits is a long and complex process. When you have legal representation, your attorney can review your application, clarify any correspondence you receive, and help you understand each step along the way.
To help you understand the application process, your lawyer will also read and review your application and help you understand and obtain the personal and medical information your application requires. Your lawyer will also explain how and when you will begin receiving benefits once your application is approved and make sure you have the right accounts set up.
Apply for the Right SSD Benefits Program for You
SSA guidelines offer benefits through two programs. The basic criteria are the same for each program. You will be considered disabled if:
- Your back pain prevents you from doing your previous job or any other type of work
- Your back pain prevents you from working or engaging in substantial gainful activity
- Your current back condition is expected to last for a minimum of one year
If each of these statements is true, you then need to determine the right program for you. Supplemental Security Income (SSI) benefits are for individuals who have a qualifying disability and little or no income or resources.
Social Security Disability Insurance (SSDI) benefits are for individuals who have a qualifying disability, worked long enough, worked recently enough, and paid into Social Security insurance during their employment. Each program will provide you with medical care and with monthly financial benefits.
You Might Qualify for Concurrent Benefits
Sometimes, disabled individuals will qualify for SSI and SSDI benefits at the same time. These are called concurrent benefits. This typically happens because the applicant met the qualifications for SSDI benefits and still met the income and resource and income guidelines to qualify for SSI benefits.
Do not hesitate to apply for both programs if you fit the criteria. Any income you receive from other sources will also be taken into consideration when determining your financial benefits.
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You Can Appeal If SSA Denied Your Benefits Application
If your initial SSD application is denied, you can file an appeal and keep fighting for benefits. An SSD lawyer in your area can help you understand and navigate the appeals process.
The four stages of appeal include:
- Hearing by an Administrative Law Judge (ALJ)
- Review by the Appeals Council
- Federal Court review
If your application is approved at any point, you might also be entitled to recover proactive benefits from the date of your initial application. Your lawyer will explain these benefits and whether or not you qualify for them.
Bader Scott Injury Lawyer Can Help Your SSD Benefits Application
Have you or a loved one suffered a back injury that causes ongoing back pain? If the condition of your back is impeding your ability to function and making it impossible for you to work and support yourself, your chronic back pain might be considered a disability.
Find out if you can get medical and financial benefits by contacting one of our Bader Scott Injury Lawyers team members for a review of your case today. We can help you with complex SSD claims and answer your questions.