Back pain is the leading cause of disability worldwide, according to new research by the University of Queensland’s School of Population Health, in Australia. (See: https://healthyliving.msn.com/diseases/back-pain/low-back-pain-leading-cause-of-disability-worldwide-study-1 )
It is probably safe to say that most of us will suffer back pain to one degree or another at some point in our lives. Many of us will miss work days as a result. This does not necessarily render us totally disabled.
The standard for proving a Social Security disability case based on a back injury, such as herniated disc(s), degenerative disc disease, spinal stenosis, spondylosis, arthritis, or other back condition is that the condition must be permanently and totally disabling.
That is, it must be severe enough to cause limitations that would prevent a person from doing any substantial gainful activity in the national economy. In addition, the condition must have lasted or be expected to last at least twelve consecutive months.
Substantial gainful activity is presumed where a person makes at least $1070 per month.
In ordinary terms, in order to meet the criteria for Social Security Disability, a medical condition must be severe enough to prevent a person from working any full-time job.
Back injuries are evaluated using Social Security’s “blue book” listings, more specifically, listing 1.04. If the condition is severe enough and meets certain stringent and precisely defined medical criteria, a person may be found disabled at step 3 of the five step sequential analysis for disability. (See: https://www.socialsecurity.gov/disability/professionals/bluebook/1.00-Musculoskeletal-Adult.htm#1_04 )
For more on the five step sequential analysis, see: https://www.socialsecurity.gov/OP_Home/cfr20/416/416-0920.htm
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.
When it comes the family law and social security disability, each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.