Yes, Herniated Disc is considered a disability. If your medical condition is preventing you from working for at least 12 months, you may apply for disability due to a herniated disc. Additionally, you must provide necessary evidence to meet the requirements listed in the blue book of the Social Security Administration (SSA).
Recovering from a herniated disc is no easy feat, often requiring up to one year of treatments such as surgery, medications for pain relief, physical therapy and/or other therapies. Consequently, it can be tough to qualify for benefits related to this ailment. Additionally, since a herniated disc has the potential to cause long-term complications in your spine; like impingement on nerve roots – you could possibly file for disability with the SSA (as indicated by Section 1.04 of their Blue Book).
To qualify for Section 1.04 of their Blue Book, the applicant must suffer from nerve-root comprehension, spinal arachnoiditis and/or lumbar spinal stenosis that has resulted in pseudo claudication.
If the applicant is not approved under the aforementioned conditions, they may apply for a medical-vocational allowance (MVA). This MVA is based on the inability of the applicant to perform physical activities and involves a more thorough review of their medical records, lifestyle, and occupation.
What Is A Herniated Disc?
A herniated disc refers to difficulty in one of the disks known as rubbery cushions that sit between the bones i.e., vertebrae, stacking to the spine.
According to the American Association of Neurological Surgeons (AASN), a herniated disc is also commonly referred to as a slipped disc or ruptured disc. It may result in an injury in which the inner parts of the spinal disc are damaged. The disc becomes brittle and begins to exert excess pressure on the spinal cord and nerves within the spinal cord.
If you are over 50 and are unable to perform any of the jobs that you could previously do, you might qualify for disability benefits. Your doctor will have to provide evidence that your herniated disc is the cause of your inability to work, and your records must meet the requirements as set out by the SSA in their Blue Book.
What Causes A Herniated Disc?
A herniated disc is often caused by gradual age-related wear and tear, known as disc degeneration. As people begin to age, their discs lose flexibility, which can lead to tearing and rupturing, causing twists or strain. However, the actual cause of herniated discs cannot be identified.
Common Symptoms Of A Herniated Disc
If you have a herniated disc, the resulting disability could be located in your lower back or neck. The intensity of symptoms can depend on which nerves are being compressed by the herniated disc – some people may not experience any signs at all, while others might exhibit various indications including:
- Arm or leg pain: Herniated discs can cause pain in the lower back, thigh, calf, and buttocks. Sometimes, your foot may also be in extreme pain.
- Numbness or tingling sensation: It is one of the most common symptoms in the herniated disc and occurs in the nerves.
- Weakness: Muscles may become weak and affect your ability to hold or lift items.
If you feel no pain or other symptoms, it doesn’t necessarily mean that you don’t have a herniated disc. It’s critical to get examined by a medical expert immediately if your work productivity is affected or when engaging in physical activities causes difficulties.
Can You Get Disability For Herniated Disc In 2023?
Yes, you can get a disability for a herniated disc. If your medical condition is causing pain and is limiting your ability to move or sit for a long time, you may apply for Social Security Disability Benefits.
You can apply for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Both are provided by the Social Security Administration (SSA).The qualifications for SSDI and SSI vary, but in general you must have a medical condition that is expected to last at least one year and limit your ability to work.
Your severe medical condition may make you eligible for disability benefits under the following conditions:
- The herniation may interfere with a nerve root or multiple nerves, coming out of the spinal cord
- It is causing widespread pain and limiting movements
- Loss of reflexes or sensation
- Loss of motion in the legs
Along with these factors, for disability benefits you must provide medical evidence. This includes X-rays, MRIs, and other tests that your doctor may suggest. The SSA will use this evidence to determine if you qualify for the disability benefits.
What Is Herniated Disc Disability Rating?
Having a herniated disc may qualify you for both Veterans Administration (VA) benefits and Social Security Disability Insurance (SSDI). 20% of veterans experience frequent episodes for at least 2 weeks in one year.
A VA herniated disc disability rating may not impact your SSDI claim if you have been declared completely disabled. The disability may be caused by a service-related herniated disc injury.
Do You Want To Appeal The Denial Of Your Herniated Disability Claim? Get In Touch With Us!
Your initial claim may receive a denial; however, this does not nullify your chances of applying for herniated disc disability benefits. A Fort Myers Disability Attorney can help you file an appeal by using strategies that could strengthen your claim. Schedule a free case consultation to discuss your disability process in detail.