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Can I Receive Disability for Degenerative Disc Disease?

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How Social Security Disability Benefits Offer Financial Relief

When pain from degenerative disc disease makes it impossible to work, Social Security Disability benefits can provide a financial lifeline.

But getting approved for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits is never easy, especially with an extremely common health issue like degenerative disc disease that people might not see as a “disability.”

Winning benefits requires documenting that you have this condition, but that’s just a start. You must demonstrate how your case of degenerative disc disease limits your everyday functioning, particularly your ability to manage job tasks.

Getting denied disability benefits is common. The Lachman & Gorton Binghamton disability lawyers can help you appeal and fight for the benefits that you deserve for a more stable life.

If your SSDI application was denied, we’ll help you respond to Social Security within the 60-day deadline to start your appeal.

You need a lawyer who fully knows the process of appealing a denied Social Security Disability claim with a disorder like degenerative disc disease. You don’t want a big national company that might hand your case to a staff member or advocate instead of a lawyer.

The Lachman & Gorton team has helped thousands of people in BinghamtonElmira, Endicott, Rochester and across Upstate New York. We’ll take the time to understand your situation and help you make your case to Social Security.

We can help you with each stage of this process, up to and including filing an appeal in federal court, which many attorneys don’t do.

No matter how much work it takes, you won’t pay an attorney’s fee until you win benefits. 

How Degenerative Disc Disease Stops You from Working

When you apply for disability benefits, Social Security will look for medical confirmation of symptoms like pain, numbness in your extremities, and a reduced range of motion.

Simply showing that you have these symptoms won’t be enough. The key to a degenerative disc disease disability claim is a measurement known as residual functional capacity (RFC).

Social Security uses RFC to evaluate what you can do despite your health issues. Your RFC assessment answers questions like:

  • How long can you sit, stand or walk?
  • Can you lift and carry objects?
  • Can you bend or reach for items?
  • Can you type, grasp small objects or perform other actions that require fine motor control?
  • Can you push or pull objects?
  • Can you pay attention at work?
  • Can you concentrate on your work?

The pain from degenerative disc disease doesn’t just make it tough to handle physical tasks. It drains your energy. It dominates your attention.

As you appeal your disability denial, be prepared to talk about how this ailment affects your ability to focus, how it interrupts your sleep, and how it affects you psychologically as well as physically.

Social Security evaluates your RFC to determine if you can do any kind of work. A claims examiner could agree that your symptoms stop you from doing your current job but think that you could do lighter, more sedentary work.

Work with an Endicott disability attorney who can tell you more about how to make it clear to Social Security that you can’t do any job due to your health issues.

Get a FREE case consultation.

What Do I Need for a Degenerative Disc Disease Disability Claim?

Again, you won’t get disability benefits just because you tell the Social Security Administration (SSA) that your degenerative disc disease makes it impossible to work.

You’ll need to back up your disability claim with items like:

  • Medical records about your diagnosis
  • Results of medical imaging tests, like X-rays and MRIs
  • Results from physical exams that show symptoms like reduced strength or range of motion
  • Treatment records that show you have tried to address your health issues
  • Information about any mobility aids you need
  • Your doctor’s assessment of your everyday functioning
  • Evidence of disruption to your work, like missed days or the need for accommodations
  • Statements from friends, family members and coworkers who have witnessed your health struggles

You can also strengthen your degenerative disc disease disability claim by including evidence of other, related ailments you suffer from.

Many people also suffer from related mobility issues, like spinal stenosis or osteoarthritis.

Don’t ignore other health issues just because degenerative disc disease is the primary reason you can’t work.

A Binghamton disability attorney can help you give Social Security a complete picture of your health struggles and how they make it impossible to work.

How a Lawyer Helps You Win Degenerative Disc Disease Disability Benefits

Most initial Social Security Disability claims get denied, so the real fight for benefits often begins at the appeals stage.

The application process is more complicated and unwelcoming than you would hope, but appeals are even more complex.

You should work with a Social Security Disability lawyer who understands the legal strategies that disability appeals require.

An Upstate NY disability appeal attorney can:

  • Identify issues with your initial disability claim that caused a denial
  • Help you communicate with doctors to get the information you need
  • Update your claim with new evidence
  • Prepare you for your disability hearing and the kinds of questions the judge might ask about your health and ability to work
  • Represent you in front of the administrative law judge
  • Cross-examine expert medical and vocational witnesses at your hearing
  • Identify legally appealable errors for the Social Security Appeals Council
  • File an appeal in Federal District Court, if needed
  • Answer any questions you have at any point along the way

Even if you think you have a disability claim that should easily get approved, this can be a strenuous battle.

When you’re dealing with an ailment that can vary so much in severity, like degenerative disc disease, it’s even harder.

Around 60% to 70% of SSDI and SSI applications get denied initially in New York State.

It takes significant work to win benefits.

The Lachman & Gorton disability lawyers know this process in depth. And we understand that everyone’s situation is different. We give your claim the personal attention and approach it deserves.

Don’t try to appeal a denied Social Security Disability claim for degenerative disc disease on your own. Talk to the team at Lachman & Gorton about your case.

Contact Us Today.

National Organization of Social Security Claimants’ Representatives
United States District Court of Northern and Western Districts
Broome County Bar Association