Can’t Work Due to Back Pain? Navigating Social Security Disability Benefits and Legal Assistance

can't work due to back pain

The Indispensable Role of Back Pain in Workplace Absence

Back pain’s prevalence cannot be overstated. Often, individuals can’t work due to back pain, a plight that has drawn the attention of social and legal entities alike. For many, this pain becomes a persistent barrier, especially in professions demanding physical rigor. However, when one can’t work due to back pain stemming from severe underlying conditions, Social Security Disability benefits become a silver lining.

Core Prerequisites for Social Security Disability Benefits

For those who can’t work due to back pain, understanding the foundational criteria for Social Security Disability benefits is vital. Core Prerequisites for Social Security Disability Benefits include a strict emphasis on an individual’s employment history. The system evaluates if you’ve been an active contributor to the Social Security system through taxes. Secondly, and most crucially, the pain you experience shouldn’t just be fleeting or minor discomfort. It should be a manifestation of a severe impairment that makes it so you can’t work due to back pain for an anticipated duration of at least a year.

Now, one might wonder: if they can’t work due to back pain, is that enough? Unfortunately, claiming disability benefits isn’t straightforward. It requires a meticulous demonstration of the pain’s debilitating effects and its longevity. Hence, those who can’t work due to back pain are often advised to seek legal counsel to navigate these nuanced prerequisites.

Decoding the Five-Step Eligibility Process

For someone who can’t work due to back pain, the pathway to claiming Social Security Disability benefits involves a methodical five-step process:

Step 1: Validating Your Alleged Onset Date

This step revolves around specifying the exact date when you believe your disability commenced. For someone claiming they can’t work due to back pain, this involves both verbal claims and medical documentation. Earnings post this date mustn’t surpass the “substantial gainful activity” thresholds set by Social Security guidelines.

Step 2: Determining the Severity of Impairment

The severity of your condition is pivotal. Herein lies a crucial distinction: for Social Security, not every individual who claims they can’t work due to back pain might be deemed eligible. Pain is seen as a symptom, not an impairment in itself. Therefore, a medical diagnosis spotlighting the root cause of the back pain becomes indispensable. Conditions, such as degenerative disc disease or nerve root compression, can lend credence to claims by individuals who insist they can’t work due to back pain.

Step 3: Aligning with the List of Disabling Conditions

Social Security has a predetermined list of disabling conditions. If your back pain, the reason you claim you can’t work, aligns with any condition on this list, your eligibility gets a boost.

Steps 4 and 5: Assessing Work Capabilities

These stages delve into whether the individual, despite their back pain, can do any work. It probes if one can’t work due to back pain in their previous job or any job at all, considering age, education, and work experience.

Diagnosis and Treatment Options for Back Pain

The Role of Imaging in Diagnosis

Timely and accurate diagnosis plays a pivotal role in addressing back pain. Employing diagnostic tools such as X-rays, MRIs, or CT scans, medical practitioners can pinpoint the specific vertebrae affected. These scans also shed light on the impact on the spinal cord, such as compression which can lead to numbness, tingling, and even weakness.

Surgical and Non-Surgical Interventions

Based on the diagnosis, a referral to an orthopedic surgeon might be the next step. After assessing the scans, they can recommend if surgical measures are required. Non-surgical treatments, on the other hand, can range from epidural steroid injections and radiofrequency ablation (RFA) to physical therapy and potent medications. Crucially, these diagnostic results serve as foundational pieces of evidence in a Social Security Disability claim.

Seeking Legal Assistance for Back Pain-Induced Disabilities

It’s no exaggeration to state that for many who can’t work due to back pain, the journey to claim benefits can be labyrinthine. Here’s where professional legal assistance bridges the gap.

Why Engage a Legal Professional?

An experienced Social Security Disability Lawyer offers clarity and direction. They’re adept at corroborating claims of individuals who say they can’t work due to back pain, ensuring every medical record, doctor’s note, and therapy session aligns to craft a compelling case.

LaBovick Law Group: Championing Your Cause

Navigating the maze of Social Security Disability claims is daunting, especially when you can’t work due to back pain. With LaBovick Law Group, you harness decades of expertise to illuminate your path, ensuring your claim isn’t just heard, but also honored. Reach out to them at (561) 625-8400 for a detailed evaluation of your case.

For anyone who repeatedly states, “I can’t work due to back pain,” remember, help is available, both medically and legally. Your pain is valid, and with the right guidance, so can be your claim.

Frequently Asked Questions

What type of back problems qualify for disability?

Common conditions include degenerative disc disease, spinal stenosis, and spondylolisthesis. An accurate diagnosis is crucial for eligibility.

Can I get disability for back pain alone?

For Social Security disability purposes, pain is considered a symptom, not an impairment. Hence, a clear medical diagnosis is pivotal.

How is cauda equina syndrome related to disability benefits?

Cauda equina syndrome, a severe spinal condition, can lead to bladder and bowel incontinence. Timely medical intervention is crucial to prevent lasting nerve damage.

Is there a specialized lawyer for back pain-related disability claims?

Yes, a seasoned Social Security Disability Lawyer, like those at LaBovick Law Group, can guide you through the intricacies of your claim.

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Fill out the form or call us at 561-888-8888

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We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

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Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.