4.2 Google RatedAre you struggling with work because of debilitating back pain? Degenerative disc disease (DDD) can make even simple tasks feel impossible. If your back pain is keeping you from working and earning a living, you may qualify for Social Security Disability Insurance (SSDI) benefits.
At Pekas Smith, our SSDI lawyers in AZ specialize in helping people with degenerative disc disease secure the benefits they deserve. Our lawyers for disability claims represent people with a range of disabling conditions during their applications for benefits.
With extensive experience representing clients across Arizona, our team is ready to evaluate your case, handle the paperwork, and fight for your rights—whether it’s for your initial application or through an appeal. Contact a disability claims lawyer from our team today for personalized support and guidance tailored to your unique situation.
Understanding Degenerative Disc Disease
Degenerative disc disease is a generic term that refers to conditions that impact the intervertebral discs in the spine, which serve as cushions between the vertebrae. DDD impacts the flexibility of the spine and can result from an injury, such as a fall or accident, natural aging as discs lose elasticity, genetic factors, and even repetitive stress.
The condition can affect the three sections of your spine: cervical (neck), thoracic (mid-back), and lumbar (lower back). DDD and related disorders include:
- Osteoarthritis
- Herniated discs
- Spinal stenosis
- Radiculopathy/Sciatica
- Scoliosis
- Spondylolisthesis
- Arachnoiditis
Symptoms vary depending on the cause of the DDD. The most common include:
- Chronic Back or Neck Pain: Persistent discomfort in the affected area.
- Radiating Pain: Sharp, shooting pain that travels into the arms or legs.
- Stiffness and Limited Mobility: Difficulty bending, twisting, or moving the spine due to decreased range of motion.
- Numbness or Tingling: Sensations in the arms or legs caused by nerve compression.
- Muscle Weakness: Lack of strength in the extremities due to compromised nerve function.
Whether you work outdoors or at a desk, a bad back can inhibit your ability to perform work. If DDD is preventing you from earning a living, you may be eligible for Social Security benefits.
Our team of degenerative disc disease SSDI lawyers in AZ understands the challenges this condition creates and is here to help with your claim.
How Does SSDI Work
Social Security Disability Insurance is a program that provides financial assistance to people who are unable to work due to long-term disabilities. It is funded through payroll taxes and acts as a safety net for workers who have contributed to the Social Security system.
To qualify for SSDI, you must meet specific criteria:
- Work Credits: Earned enough work credits by paying Social Security taxes, which vary based on age and work history.
- Disability Definition: SSDI requires that your condition prevents substantial gainful activity (SGA), is severe, and is expected to last at least 12 months or result in death.
Applying for SSDI involves submitting a detailed application with evidence of your condition. The Social Security Administration (SSA) will evaluate aspects like medical records, test results, ability to perform your work, and whether your condition meets the qualifying criteria.
Our team of degenerative disc disease SSDI lawyers in AZ understands the nuances of the system and can guide you every step of the way—from gathering medical evidence to handling appeals.
It’s important not to mistake SSDI with Supplemental Security Income (SSI). While Social Security Disability Insurance is based on your work history and contributions to Social Security taxes, SSI is a needs-based program for individuals with limited income and resources, regardless of work history.
SSDI Approval Process for Degenerative Disc Disease
SSDI applications for degenerative disc disease are evaluated under the Social Security Blue Book Listing of Impairments Section 1.15 (formerly 1.04). Section 1.15 broadly encompasses spinal disorders resulting in the compromise of a nerve root.
Simply having degenerative disc disease by itself doesn’t qualify someone for disability payments. This is because many back issues are relatively minor, intermittent, or likely to improve with treatment.
A qualifier for disability benefits is that the medical condition is expected to last one year or more. SSDI is in place to provide benefits for long-term problems.
A successful application for disability benefits must communicate the severity and duration of the medical condition. An applicant must prove:
- Symptoms of pain, paresthesia, or muscle fatigue.
- Signs present during physical examination or diagnostic testing, like muscle weakness and signs of irritation. In addition, the person must have sensory decreases or deficits or decreased deep tendon reflexes.
- Imaging revealing compromise of nerve roots in the cervical or lumbosacral spine.
- Limitations of musculoskeletal functioning lasting, or expected to last, at least 12 continuous months. It must include the need for a mobility assistive device, an inability to use one upper extremity for work-related activities and requiring an assistive device, or the inability to use both upper extremities to perform work-related activities utilizing fine and gross motor movement.
Compromise of a Nerve Root
Social Security guidance explains that the compromise of a nerve root is when a physical object, like a tumor, herniated disc, foreign body, or arthritic spur, pushes on the nerve. It must be seen on imaging or observed during surgery.
This might be the result of a musculoskeletal disorder causing irritation, inflammation, or compression of the nerve root. It is also called nerve root impingement.
Getting SSDI for degenerative disc disease is possible, but medical standards are high. To make your application a success, you must prove that you have the medical condition and show how it impacts your functioning to the extent required by the Listing of Impairments.
Our degenerative disc disease SSDI lawyers in AZ understand the medical evidence required to qualify for payments. The team at Pekas Smith can work to prepare the information needed as part of a complete application for benefits.
How We Can Help
At Pekas Smith, our degenerative disc disease lawyers will provide all the support to make the process as seamless and successful as possible for you. Our team provides end-to-end assistance for all aspects of your SSDI application and appeals process, including:
- Initial Applications: We help you complete and submit a detailed, accurate application with the necessary medical history and work documentation to maximize your chances of approval.
- Evidence Gathering: Our lawyers understand the medical evidence required to meet the SSA’s stringent standards and collect the evidence to demonstrate the severity of your condition.
- Appeals Representation: If your claim is denied, we handle every level of the appeals process—from reconsideration requests to representation at hearings and beyond.
We recognize that every case is unique. That’s why our degenerative disc disease SSDI lawyers in AZ take the time to understand your situation and build a strategy tailored to your claim.
Consultations Available – Talk to SSDI Lawyers for Degenerative Disc Disease
Pekas Smith Disability Attorneys is currently taking new cases in Arizona and throughout the United States. We want your case to be successful. Our experienced and caring team can prepare your case, providing representation and guidance for your unique situation.
We have over 30 years of experience and a proven track record of success, helping more than 10,000 people. Call or message us today to talk to an SSDI lawyer for degenerative disc disease.
Frequently Asked Questions
Does Degenerative Disc Disease qualify for disability?
Degenerative disc disease may qualify for disability, but it is not automatic because the condition must meet the SSA’s criteria. Overall, it depends on how the person’s medical condition limits their ability to work.
You must demonstrate that your symptoms—such as chronic pain, limited mobility, or nerve root compression—prevent you from performing substantial gainful activity and are expected to last at least 12 months.
Also, to qualify for Social Security Disability Insurance, you must have earned sufficient work credits through Social Security taxes and meet the medical requirements for disability as defined by the Social Security Administration.
Is degenerative disc disease a long-term disability?
Degenerative disc disease is typically permanent, though treatment may help. A person with DDD may have a long-term disability. However, the answer is not straightforward and varies significantly from person to person.
For example, some forms of DDD result in stenosis, a compression of the spinal cord. When this happens, pain and weakness in the extremities may make a wheelchair or other mobility assistive device helpful for the person’s quality of life.
However, if your condition improves and you can return to work, the SSA may stop your SSDI benefits. They conduct periodic Continuing Disability Reviews (CDRs) to assess your medical status. If your condition hasn’t improved, your benefits will continue.
How does the SSDI Blue Book classify degenerative disc disease?
SSDI Blue Book Listing of Impairments does not specifically mention degenerative disc disease. It falls under the broader classification of spinal disorders resulting in the compromise of a nerve root, Section 1.15.
What medical evidence do I need for my SSDI application?
To strengthen your Social Security Disability Insurance application, you’ll need detailed medical evidence, such as:
- Imaging tests (MRI, CT scans, or X-rays) showing the condition of your spine.
- Medical reports documenting symptoms like pain, numbness, and reduced mobility.
- Records of treatments attempted and their outcomes.
- Statements explaining how your condition affects your ability to work.
Generally, SSDI applications can be denied for several reasons. The most common include insufficient medical evidence, failure to demonstrate how the condition impacts your ability to work, errors or omissions in the application, and conditions that don’t meet the SSA’s strict definition of disability.
Degenerative disc disease SSDI lawyers in AZ from Pekas Smith can assist with completing and submitting your application. Our team also advocates on your behalf to increase your chances of approval.
How long does it take to get approved for SSDI in Arizona?
The timeframe for SSDI approval varies. Initial applications can take several months to process. If denied, the appeals process can add several more months to a year or longer. Experienced Arizona disability lawyers can help streamline the process and avoid unnecessary delays.
In addition, if your SSDI application is approved, you may receive retroactive payments for the time between your established disability onset date and the approval of your application.
What happens if my SSDI claim is denied?
If your claim is denied, you have the right to appeal. The appeals process includes:
- Reconsideration: A new review of your case.
- Hearing: Presenting your case before an administrative law judge.
- Appeals Council: Requesting a review of the judge’s decision.
- Federal Court: Filing a lawsuit as a last resort.
After the decision, you might have a limited time frame from the date of the denial letter to file an appeal. Acting promptly and working with a degenerative disc disease disability lawyer can help ensure your appeal is submitted correctly and on time.
To build a strong application, ensure all medical records are up-to-date and detailed. Also, include imaging results, physician notes, and treatment history.
Can I still work while receiving SSDI benefits?
You can work on a limited basis while receiving SSDI benefits, but your income must stay below the SSA’s substantial gainful activity limit. Additionally, the SSA offers trial work periods to encourage recipients to attempt to return to work.
You can also receive SSDI along with certain other benefits, such as long-term disability, from private insurance. However, other benefits may impact the amount you receive from SSDI.
