Spine, Arthritis, and Other Orthopedic Disability Cases
If you suffer from lumbar
spine (low back) pain, rheumatoid arthritis and joint
(knee, wrist, shoulder) conditions, disk herniation asthma
or other orthopedic problems, you may qualify for Social
Security Disability or Supplemental Security Income (SSI)
benefits in one of two ways:
(1) Your condition may be so bad
that you meet or equal the level of severity that
Social Security has listed for your orthopedic
condition.
(2) Your condition may not meet
the listing but still be so bad that:
You cannot return to the easiest job you
had during the 15 years before you became disabled
because you cannot handle the physical demands of
that job, and
You cannot adjust to other work because
of your age, education, past work experience, lack
of transferable skills, and reduced physical
condition.
This second way of getting
Social Security Disability for orthopedic problems means
that you qualify under the medical - vocational rules.
(This is sometimes called meeting the "grids"
because a chart or grid is used to determine who qualifies
for Social Security benefits under these rules.)
The Orthopedic Listings
There are
several orthopedic listings. The listings typically
have an objective and a functional component. The
objective component requires that X-ray, MRI, CT Scan, EMG
and other tests show evidence of your orthopedic
condition. The functional component requires that
your condition prevents you from doing things such as
walking, bending, reaching and handling objects that
normally are required to be done in a job. The listings are written in technical medical language,
like the listings for the other body parts.
The listings
generally require your orthopedic condition to remain
severe even while you are under medical care and following
your doctor's instructions.
The following is a
simplified discussion of the common Social Security
Disability listings for spine problems, arthritis, and
other orthopedic conditions.
Listing 14.09
Inflammatory Arthritis. You may qualify for
Social Security Disability or SSI under this listing
if you have severe rheumatoid (inflammatory) arthritis
that meets all of these requirements:
You
have a history
of persistent joint pain, swelling and tenderness
in 2 or more major joints (hips, knees, ankles,
shoulders, elbows, wrists or hands).
You
have had at least 3 months of treatment and a
current medical exam shows you have still
have swelling, tenderness and other signs of joint
inflammation.
Laboratory
tests confirm your
rheumatoid arthritis.
You
cannot walk or use both hands or both arms effectively.
Listing 1.02 Major Dysfunction of a Joint(s) (Due
to Any Cause). You may qualify for Social Security Disability or
SSI under this listing if (1) a part of your body has
a bony or joint deformity, (2) you have pain and
stiffness as a result, and (3) you cannot walk or use
both hands or both arms effectively. Orthopedic
conditions under this listing include congenital
abnormalities, osteoarthritis (a
progressive degenerative joint disease in which the
cartilage that covers the end of a bones facing a
joint wears out, causing the end of the bone to get larger and thicker), and traumatic arthritis as the result of a severe
fracture.
Listing 1.03 Reconstructive
Surgery Or Surgical Arthrodesis Of A Major Weight-
Bearing Joint. You may win your Social Security Disability or
SSI case under this listing if you have had
reconstructive surgery or a fusion surgery of your
hip, knee or ankle and you have not or will not be
able to walk effectively for at least 12 months.
Listing 1.04 Disorders
of the Spine. You may get Social Security Disability or SSI
under this listing if you have a serious lumbar (back)
or cervical (neck) spinal condition, such as a herniated
disk, spinal stenosis, osteoarthritis, degenerative
disc disease, facet arthritis, or vertebral fracture, that pinches
a nerve and causes you to have one or more of these
conditions:
pain,
reduced spine motion, and reduced sensation or
reflexes,
inflammation
of your spinal membrane, or
narrowing
of your spinal cord resulting in pain, weakness
and inability to walk effectively.
Listing
1.06
Fracture
Of The Femur, Tibia, Pelvis, Or One Or More Of The
Tarsal Bones. You may qualify for
Social Security Disability or SSI under this listing
if all of the following are true:
You have a
leg or ankle fracture that has not healed (or is
not expected to heal) after a year.
X-rays,
an MRI or other medical imaging shows there is on
solid union of the fracture.
You
cannot walk effectively.
As mentioned above, if you do
not meet the listings —
and many people with orthopedic problems do not —
you may still qualify for Social Security Disability or
SSI due to your age, your education, the type of work you
have done, and how much stress or activity you can
tolerate because of your orthopedic condition. To
learn more, read about the medical - vocational rules.
When You Need a Social
Security Disability Lawyer,
Rely on Us for Skill,
Determination and Experience.
