Living with degenerative disc disease (DDD) can be challenging, especially if the condition impacts your ability to work and maintain daily activities. If you’re wondering, “Can you get disability for degenerative disc disease in California?” the answer depends on the severity of your symptoms and how they affect your functionality. The Social Security Administration (SSA) recognizes DDD as a potential disability, but the approval process can be complex. This article will guide you through the criteria for qualifying, the steps to apply, and tips to strengthen your claim, as well as how an experienced disability attorney can help you navigate the process and improve your chances of securing the benefits you need.
Table of Contents
- Is Degenerative Disc Disease a Disability?
- How To Qualify for Disability for Degenerative Disc Disease
- How To Apply for Disability for Degenerative Disc Disease
- 1. Collect Medical Evidence
- 2. Submit a Complete Disability Benefits Application
- 3. Expect a Wait Time
- How To Strengthen Your Disability Claim For DDD
- Frequently Asked Questions
- How Dr. Bill LaTour Can Help You Get Disability Benefits for Degenerative Disc Disease
Is Degenerative Disc Disease a Disability?
Degenerative disc disease refers to the deterioration of spinal discs over time, leading to pain, nerve compression, and even limited mobility. The SSA recognizes some cases of DDD as disabling, but not all applicants with DDD automatically qualify for benefits. For DDD to be considered a disability, the condition must be severe enough to prevent you from engaging in substantial gainful activity (SGA). This typically means your DDD must significantly limit your ability to work full-time, despite medical treatment and interventions.
How To Qualify for Disability for Degenerative Disc Disease
To qualify for disability benefits with DDD, you must meet specific medical criteria or prove that your symptoms prevent you from performing any type of substantial work. Here’s a breakdown of the main ways to qualify:
- Meeting the Blue Book Listing: SSA’s “Blue Book” lists specific impairments that qualify for disability. DDD is evaluated under Listing 1.15 (Disorders of the Spine). To meet this listing, you must demonstrate:
- Evidence of nerve root compression or spinal cord compression,
- Pain, limited motion, or muscle weakness, and
- Limited ability to function independently in physical tasks.
- Medical-Vocational Allowance: If you don’t meet the Blue Book listing criteria, you may still qualify based on a medical-vocational allowance. This requires you to show how DDD limits your capacity to perform any type of work, given your age, education, work experience, and physical limitations.
If you’re unsure whether your condition meets these criteria, consulting with a disability attorney can help clarify your eligibility. An attorney can evaluate your medical records and work history to determine if you qualify for disability benefits under the SSA’s guidelines.
SSI vs. SSDI: Which Program is Right for You?
When applying for disability benefits with DDD, it’s important to know the difference between Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Both programs provide support, but each has different eligibility requirements.
- Social Security Disability Insurance: SSDI is for individuals who have paid into Social Security through work and earned enough work credits. It doesn’t consider your current financial situation. If approved, benefits are based on previous earnings. A disability attorney can help clarify if you meet the work credit requirements and guide you through the SSDI application process.
- Supplemental Security Income: SSI is a needs-based program for individuals with limited income and resources, regardless of work history. To qualify, your income and assets must fall below specific limits. For those with DDD who don’t qualify for SSDI, SSI may be an option.
Unsure which program is right for you? A disability attorney can evaluate your work history and financial situation to help you choose the most suitable benefit for your DDD claim.
How To Apply for Disability for Degenerative Disc Disease
Applying for disability benefits for degenerative disc disease can be complex, but with careful preparation and attention to detail, you can improve your chances of success. Working with a disability attorney can make the application process easier, ensuring that all necessary documentation is in order and that your claim is as strong as possible. An attorney can guide you through each of these steps:
1. Collect Medical Evidence
Medical records are essential to proving your DDD disability claim. Records should include:
- Diagnostic imaging (MRIs, X-rays) showing disc degeneration
- Doctor’s notes on your symptoms and physical limitations
- Reports from specialists detailing your treatment history
2. Submit a Complete Disability Benefits Application
You can apply online, by phone, or in person at your local SSA office. An attorney can review your application to ensure it includes all relevant medical documentation, a detailed description of how DDD impacts your daily life, and comprehensive information about your work history.
3. Expect a Wait Time
Processing times for disability benefits applications vary, often taking several months. Many claims are initially denied, requiring an appeal. Having an attorney on your side can be beneficial during this waiting period, as they can help you prepare for a potential appeal and advise you on any additional documentation needed to strengthen your case.
How To Strengthen Your Disability Claim For DDD
Strengthening your disability claim for degenerative disc disease is key to increasing your chances of approval. The SSA requires thorough evidence to evaluate your condition and its impact on your ability to work. By taking specific steps to bolster your application, you can create a stronger case that highlights the severity of your DDD.
Here are some helpful tips:
- Maintain Thorough Medical Documentation: Keep a consistent record of your symptoms, treatments, and any specialist visits. Medical opinions about your inability to work due to DDD can significantly support your claim.
- Follow Prescribed Treatments: The SSA wants to see that you’ve tried various treatments to manage your symptoms. Demonstrating a history of physical therapy, medications, injections, or surgery can support your claim.
- Consider a Functional Capacity Evaluation (FCE): An FCE objectively measures your physical abilities and limitations, such as lifting, bending, and walking. This evaluation can be a powerful piece of evidence showing how your DDD limits your ability to work.
- Obtain a Residual Functional Capacity (RFC) Form: An RFC form, typically completed by your doctor, outlines your physical limitations in the workplace. This form can help demonstrate how DDD impacts your ability to perform tasks and reinforces your case for disability benefits.
- Engage an Attorney for Qualified Guidance: Working with a disability attorney can help ensure you present a comprehensive and accurate claim. An attorney can assist with gathering essential evidence, submitting forms, and representing you if you need to appeal a denial.
Frequently Asked Questions
The amount you receive for disability benefits depends on your prior earnings and the SSA’s benefit calculation formula. Since there isn’t a specific amount designated for DDD, payments vary based on individual circumstances. A disability attorney can help you understand what amount you might qualify for based on your specific situation.
Degenerative disc disease is often a chronic condition, though not always considered permanently disabling by the SSA. The SSA may periodically review cases to assess if your DDD still limits your ability to work. If DDD consistently restricts your functioning, it may be deemed permanent for disability benefits purposes, and an attorney can help ensure your medical records support this designation.
Multilevel DDD, where multiple discs are affected, can present a stronger case for disability if it causes severe pain, nerve compression, or mobility issues that limit work capabilities. This form of DDD often requires more extensive medical documentation, and an attorney can guide you in compiling the necessary evidence to demonstrate the severity of your condition to the SSA.
Mild cases of DDD typically don’t meet the SSA’s criteria for disability benefits. To qualify, your DDD must create significant physical limitations that impede your ability to work full-time. Consulting a lawyer can help clarify if your symptoms are severe enough to meet the SSA’s standards.
How Dr. Bill LaTour Can Help You Get Disability Benefits for Degenerative Disc Disease
Navigating the Social Security disability benefits application process can be overwhelming, especially with a condition as complex as DDD. An experienced disability attorney like Dr. Bill LaTour can offer valuable support to increase your chances of success:
- Guiding You Through the Process: From filing the initial application to representing you in hearings, an attorney can simplify the process and ensure all necessary documentation is included.
- Improving Your Application’s Strength: Dr. Bill LaTour understands the evidence SSA needs for a successful claim and can help gather medical records, RFC forms, and other documents that support your case.
- Appealing a Denial: Many initial disability claims are denied. Dr. LaTour can help you file an appeal, build a stronger case, and represent you before an Administrative Law Judge if needed.
By consulting with Dr. Bill LaTour and his team, you’re giving yourself a greater opportunity to present a strong claim that meets SSA’s strict disability standards. Our experience with disability claims means we know how to frame your case so you have a better chance of receiving the benefits you may be entitled to. At The Law Offices of Dr. Bill LaTour, we offer free consultations, allowing you to discuss your case without upfront costs. Contact us today to learn more about how we can help you throughout the disability application process and improve your chances of securing benefits for your degenerative disc disease.
