Minnesota Back Pain Disability Process

Back Pain Disability Eligibility

Social Security Disability Back Pain

Back pain disability eligibility is primarily based on how the back pain affects your ability to work. Social Security looks at the “functional limitations” caused by your back pain rather than the specific type of back condition or disorder.

Back Pain Disability Evaluation Process – 5 questions

1. Are you working?

If you are working in 2007 and your earnings average more than $900 a month, you generally cannot be considered disabled.

If you are working in 2008 and your earnings average more than $940 a month, you generally cannot be considered disabled.

If you are not working because of back pain, we go to Step 2.

2. Is your condition “severe”?

Your back injury must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled. If your condition does interfere with basic work-related activities, we go to Step 3.

3. Is your condition found in the list of disabling conditions?

For each of the major body systems, we maintain a list of medical conditions that are so severe they automatically mean that you are disabled. Examples of back injury disorders that appear on the list include: lumbar back pain, osteoarthritis, herniations, degenerative disc disease and nerve root compression. If your back pain condition is not on the list, we have to decide if it is of equal severity to a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.

4. Can you do the work you did previously?

If your back condition is severe but not at the same or equal level of severity as a medical condition on the list, then we must determine if the back pain interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, we proceed to Step 5.

5. Can you do any other type of work?

If you cannot do the work you did in the past, we see if you are able to adjust to other work. We consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.

Fields Law back pain disability attorneys will assist you in the disability process for your back pain disability. If you are unable to work because of chronic back pain we can help you apply for social security benefits. If you have been denied disability benefits we can appeal your case.

We offer a Free case review. Our Minnesota disability lawyers understand how frustrating it is to have chronic back pain and be denied disability benefits when you are unable to work. There are never any fees unless we win your disability case.

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