Can I Collect Social Security for Failed Back Surgery Syndrome?
Our experienced Social Security attorneys have represented thousands of men and women with back problems. And we understand that almost nothing is as painful as a back or spinal injury or condition.
Unfortunately, because of the extremely high volume of back pain related Social Security claims that are submitted every year, Social Security Disability decision-makers are very strict when approving back pain applications. And, sadly, many deserving individuals are denied Social Security for their back pain.
Additionally, many back pain claims are denied because SSA examiners simply expect individuals to be able to work through a certain degree of pain. And because pan is “subjective” – and doesn’t show up in a blood test or MRI – many examiners discount the devastating effect it can have on a person’s ability to work or function.
What is Failed Back Surgery Syndrome (FSB or FSSB)?
One of the most common types of medical conditions affecting the back is “Failed Back Surgery Syndrome”. This is a condition where persistent pain follows back or spinal surgery or surgeries. Failed Back Syndrome (FBS) can result in either chronic back pain, chronic leg pain, or both.
Typically, a patient will receive a diagnosis of Failed Back Surgery Syndrome (FSB or FSSB) from a spinal surgeon and/or neurologist whose medical specialty allows then to conclude that the patient has an irreversible condition which cannot be improved through any further surgical means.
“Failed Back Surgery Syndrome” most often occurs after a “laminectomy” (removal of the lamina bone to take pressure off of a protruding disc). If FBS occurs after a laminectomy, it may also be referred to as “Post-Laminectomy Syndrome”.
But Failed Back Syndrome can also occur after many other types of back or spinal surgeries as well.
Getting Social Security for Failed Back Syndrome
In order to receive Social Security Disability or SSA approval for Failed Back Surgery Syndrome there are specific criteria that an individual must meet.
First – as with any Social Security Case – in order to be considered “disabled” by Social Security, you must be able to prove that you have a disease or health problem that is severe enough to keep you from working for at least 12 months. If you can prove that FBS prevents you from being able to work – and that the disability will last for at least 12 months – you may be entitled to Social Security Disability benefits.
Some spine disorders are included under the Social Security Administration’s “Blue Book List” of qualifying health problems. These diagnoses include degenerative disc disease, spinal stenosis, herniated nucleus pulpous, spinal arachnoiditis, osteoarthritis, facet arthritis and vertebral fracture.
However, a being diagnosed with one of these spine disorders will not, in and of itself, qualify you for Social Security Disability benefits – unless you can also prove that the back condition makes it not possible for you to continue working in any occupation for which you may be qualified.
Typically Social Security Claimants will be approved for SSD if their back pain is ongoing, severe, and unresponsive to treatments – and is expected to last for more than 12 months.
Additionally, when seeking Social Security for Failed Back Surgery Syndrome (FSB), the claimant must be able to demonstrate a medically determinable basis for back pain. This means that, along with a doctor’s diagnosis, the individual should present MRIs, x-rays, or another medical documentation that indicates the cause of the pain.
It can be very challenging for a Social Security Disability applicant – especially one in severe back pain – to know what medical evidence is needed and how to best present that medical evidence to the SSA. But an experienced and Social Security Disability attorney will be able to help you create the strongest case possible, by thoroughly demonstrating that you meet the requirements for approval.
Our Attorneys Can Help Get Social Security for Failed Back Surgery Syndrome (FSB)
Our experienced Long Beach Social Security attorneys are here to help you with all aspects of your Social Security Disability Case arising from your Failed Back Surgery Syndrome (FSB). Our experienced lawyers would be happy to discuss your unique situation with you, to ensure that you receive the maximum Social security Disability benefits for which you may qualify.