Musculoskeletal impairments include a long list of afflictions for anyone who is trying to get Social Security disability benefits. This inclusiveness should feel like a relief, but it’s really a burden and concern after last spring’s implementation of a revised Listing of Impairments. These changes have made the guidelines for qualifying for benefits more challenging than ever for anyone who has a legitimate physical disability.
Challenging New Regulations for Back Injury Disability Claimants
If you suffer from back pain, arthritis, fibromyalgia, Reflex Sympathetic Dystrophy (RSD), or other back injuries or disabilities that would seem to easily qualify you for SSDI, things have changed. You know that you feel awful, your doctors can back you up too. But, to obtain disability benefits, you must now prove the existence of medical problems that produce such severe symptoms you are unable to perform “substantial gainful activity” for at least 12 months.
The first step to determine eligibility is “Meeting or Equaling the Listings of Impairments.” These medical criteria issued by Social Security for many different diagnoses focus heavily on musculoskeletal issues. Criteria has been added describing functional limitations to meet the Listing and demanding that claimants must prove at least one of the following:
- Documented medical need for a walker, bilateral canes, crutches, or a wheeled and seated mobility device requiring the use of both hands.
- Inability to use one upper extremity for work activity that involves both fine and gross movements, along with a documented medical need for a cane, crutch, walker, or seated mobility device restricting the use of the other hand.
- Inability to use either upper extremity for work activity involving both fine and gross movements.
Sometimes reading and interpreting the requirements and demands on an SSDI application is complicated enough. You shouldn’t have to go through this journey alone in your quest to get the compensation you deserve.
Proving What Isn’t in Your Medical Chart
The Social Security Administration focuses their explanations for the changes on the use of the phrase “documented medical need.” A prescription for assistive devices is not necessarily needed, but medical proof of functional limitations and the need for a device is required. And therein lies the challenge – a detail like this will not typically be noted in a medical chart. Proving eligibility to the SSDI board without solid evidence is a major challenge.
If a claimant doesn’t need a walker or canes or any of the other tools, they will be unlikely to meet the SSA’s standards. Because of this, the focus for most applications must shift to proving eligibility at the other steps of the application process. Consistent proof of chronic symptoms, careful medical charting, and documented communication between doctors and therapists are absolutely necessary.
Back Injury Disability Lawyer Near Me
It is difficult enough to apply and qualify for SSDI. Now, the journey has become even more difficult. The new regulations affect not only new claimants, but existing ones and those who have been receiving benefits for years. It’s more important than ever to begin your claim with a Social Security disability attorney by your side so you can avoid missteps, ensure that all paperwork is complete, and give yourself the very best chance of an approval of benefits the first time around.
SSDI applications are confusing, lengthy, and intended to trip people up. Contact Thurswell Law to schedule a consultation and find out how we can help you get the disability benefits you deserve. Call us at (248) 354-2222 today. We do not charge any fees until we win.