If you have a disabling back injury and can no longer work, you may wonder if you can qualify for Social Security disability benefits. The best way to know is to get the opinion of an experienced back injury disability lawyer in Dallas.
At Kraft & Associates, Attorneys at Law, P.C., we have been helping Texans seek benefits from Social Security Disability for back injuries since 1971. Our team understands the Social Security Administration’s criteria for accepting disability claims and knows how to prepare strong applications. We’d be happy to put that knowledge and experience to work for you.
When you need SSDI benefits, don’t wait. Call Kraft & Associates, Attorneys at Law, P.C. today at (214) 999-9999 for a free consultation with a Texas Social Security disability lawyer.
Can You Get Social Security Disability for a Back Injury?
Whether you can receive Social Security Disability for a back condition depends on the type of injury and whether it prevents you from making a living.
The Social Security Administration (SSA) has several back conditions listed in its Blue Book, such as lumbar spinal stenosis and spinal nerve root impingement, that are considered particularly severe. Claimants with these conditions automatically qualify for disability, as long as their medical records support the criteria. Still, the application process can be difficult and time-consuming.
You may be eligible for benefits even if your injury isn’t listed in the Blue Book. But the SSA does not approve claims based solely on subjective back pain. They’ll look for a medically diagnosed condition and objective supporting medical documentation. You must also establish how it prevents you from working.
Filing a claim for SSDI for back pain in Texas is an uphill battle without the help of an experienced lawyer. An attorney can explain whether your back injury qualifies for disability and help you build a well-supported case.
How the SSA Evaluates Back Injuries
The SSA follows a process to determine whether a back injury qualifies for disability benefits, which includes:
- Work history – Before the SSA will evaluate your back injury, they will determine whether you have worked long enough to qualify for benefits. Typically, this means you must have worked for at least 5 of the last 10 years.
- Long-term disability – Your condition must be expected to significantly affect your ability to work for at least one year or to end in death. The SSA will determine whether you are working at all, and if so, whether your earnings exceed the maximum amount.
- Qualifying conditions – Next, the SSA will determine whether your condition appears in the Blue Book. If your condition is not on the list, they will examine your medical documentation to determine whether your condition is as severe as one that is on the list. If it is not, they will determine whether your condition prevents you from doing your past work or adjusting to other work.
Medical Evidence Needed for a Strong Claim
Your medical records provide the foundation of your claim. When you apply for SSDI benefits for a back condition, you may need to provide:
- X-rays
- Bone density scans
- CT scans
- MRIs
- EMGs
- Records from your treating doctor showing your diagnosis and consistent treatments
- Medical records documenting your symptoms
- Records from all healthcare professionals who treated you for this condition
- Functional limitations documented by your doctor
In addition, you may need to provide your work history, financial information demonstrating your income, and your educational records.
What Is Residual Functional Capacity (RFC) and Why Does It Matter?
Residual functional capacity is what a person can still do on a regular basis despite their mental or physical limitations. The RFC represents the most a person can do, not the least. For instance, your doctor may report that you can only stand or walk for up to 2 hours a day due to your back injury.
The RFC assessment is considered during the final stages of the SSA’s review of an SSDI application. A back injury disability lawyer in Dallas can explain the RFC assessment process, make sure your RFC form is completed correctly, and represent you in any hearings, if necessary.
How Age, Education, and Work History Affect Your Claim
The SSA explains that they consider your age, education, and work history when evaluating your claim and your ability to work. Here’s how:
- Age – Older applicants may be more likely to qualify for benefits because of potential challenges in finding appropriate employment. Even sedentary roles can be difficult to obtain if they don’t have experience or transferable skills.
- Education and work history – A person with limited formal education is not necessarily unable to adjust to other work. However, formal education and work experience can enhance their ability to adapt to a new kind of job. If a person doesn’t have skills from past roles, they may still be able to perform unskilled work.
All these factors come into play in your back or spinal injury Social Security claim.
How Long Does It Take to Get Approved?
How long it takes for your back injury disability claim to get approved will depend on the specifics of your case. The average initial decision time for an SSDI application ranges from 6 to 8 months, but some cases can take years if appeals are required.
According to the SSA, only about 21 percent of SSDI applications are initially approved. Requesting a reconsideration can add several more months to the timeline, and any additional appeals will extend the wait even further.
Other factors that can affect the timeline for any SSDI application include:
- The completeness of the application
- The severity of the condition
- The thoroughness of the medical documentation
A back injury disability lawyer in Dallas can help keep the process moving efficiently and avoid any unnecessary delays.
Why Back Injury Claims Are Often Denied
Some of the most common reasons SSDI applications for back conditions are denied include:
- Incomplete or inconsistent medical records
- Failure to follow medical advice
- Excessive income
- Inadequate documentation
- Failure to cooperate with SSA
- Insufficient work credits
- Short-term conditions
- Incorrectly completed applications
- Disputes about inability to work
What to Do If Your Claim Is Denied
If your application for SSDI benefits is denied, you don’t have to accept it. You can appeal an SSDI denial through this process:
- You have the right to request reconsideration of that denial. When you request reconsideration, your claim will be reviewed by a different examiner.
- If your claim is still not accepted, you can request a hearing before an Administrative Law Judge (ALJ).
- If you don’t agree with the judge’s decision, you can request a review of the ALJ’s opinion by the Appeals Council.
- If the Appeals Council denies your claim, your last resort is to file a petition with the federal district court.
If your claim was denied, it’s in your best interest to hire an experienced Dallas Social Security disability lawyer to handle your case and all the appeals for you.
How a Dallas Social Security Disability Lawyer Can Help
Qualifying for disability with back pain or a back condition is never easy, and usually not straightforward. However, a Dallas SSDI benefits lawyer can handle the process for you, help you navigate all the red tape, and advocate for the benefits you need.
When you engage a lawyer from Kraft & Associates, Attorneys at Law, P.C. to represent you, we can:
- Help you with your application
- Meet all deadlines and requirements
- Provide you with experienced advice
- Gather all the required medical documentation
- Arrange for an RFC Assessment
- Represent you in any appeals or hearings
- Provide comprehensive support for the duration of your claim
- Represent you without charging any upfront fees
Talk to a Dallas Social Security Disability Lawyer Today
If you need SSDI benefits because you have a disabling back condition, don’t hesitate. Enlist the services of an experienced Dallas personal injury lawyer from Kraft & Associates, Attorneys at Law, P.C. We have more than 50 years of experience helping Texans get the disability benefits they need. Our firm is committed to providing compassionate, personalized legal support. We pride ourselves on being easy to talk to. We’ll answer your phone calls, emails, and questions.
Our determined team is also knowledgeable about how to seek the benefits you need, and we know how to craft strong claims that establish back disabilities. Our clients have left reviews about working with us, including this one:
“I have had the utmost professional Law Firm, Kraft and Associates, represent me. They heard my issues and concerns about all the medical conditions that I will be dealing with for the rest of my life. The entire law office handled my case and myself with total respect, dignity, and integrity. I could not ask for anything more.
My respect for the Kraft law firm, my Attorney Mr Stewart, and his team. I would and will refer to my family and friends, and anyone to their law office.” – Irene R.
Call our office today at (214) 999-9999 or contact us online for your free consultation with an experienced SSDI lawyer. Get the help you need now so we can start on your claim.