Herniated Discs and Winning Social Security Disability

You would probably not be surprised to learn that more people file for disability based on back pain than for any other medical issue. As such, Social Security disability judges are very familiar with reviewing medical records from orthopedists and neurosurgeons and they most likely have opinions about how severe your back problems need to be in order for you to qualify.

As I discuss in this video, evidence of a herniated disc can be a very good starting point for arguing that your back injury is disabling. However, it is not enough to walk into your disability hearing with an MRI report showing one or more herniated discs.

Sometimes a bulging disc or a mildly herniated disc can repair itself over time, or you can control the pain by modifying your lifestyle. So if you come to your #SSDhearing with a 5 year old MRI report showing a herniated disc, but no record of on-going treatment or followup imaging, you probably will not win.

At a minimum, judges do expect to see that #MRI or CT report, which proves that you do have a “medically determinable impairment.” Your judge will want to see more - including evidence that conservative (non-surgical) medical treatment has not worked and that you are either a surgical candidate or that surgery is not an option and you need long term pain management.

While your judge cannot deny your claim because you choose not to undergo #surgery, the judge can expect that you will be compliant with treatment and that you seek ongoing treatment.

If you combine objective evidence of a #herniateddisc, with medical and other evidence that you are in constant pain and that your physical capacities have significantly diminished, your chances of approval go way up. #socialsecuritydisability #backpainandsocialsecuritydisability #ssdi #winssdihearing #herniateddisk
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Jonathan Ginsberg
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