If you have been diagnosed with a herniated disc, permanent restrictions may affect your life so your ability to continue working and earning an income is limited. A herniated disc is when a small amount of the disc nucleus that has been pushed out of the annulus, into the spinal canal caused by a tear or rupture in the annulus.
A disc that has become herniated typically is in the early stage of degeneration. Because it has been displaced, the disc puts extreme pressure on the spinal nerves, often causing severe pain leading to permanent restrictions.
Permanent Restrictions You May Experience with a Herniated Disc
A herniated disc is often caused by lifting, pushing or bending. A lot of repetition of the same motion over and over again, which often takes place in certain jobs such as delivery work, warehouse and office work may make it difficult for a herniated disc victim to stay in a job.
To lower the risk of permanent impairment from the herniated disc the victim should follow a course of treatment recommended by their doctor. In severe cases surgery may be necessary to reduce the chance of the victim suffering permanent restrictions to their life.
While being treated for the ailment, the victim will not be able to go to work and will need to apply for Social Security disability benefits (SSDI) while living with this disabling condition.
Work History and Job Skills
When filing a claim for disability benefits the victim of a herniated disc may be eligible for a social security disability insurance (SSDI) benefit, which is determined based on work credits accumulated while working. If the victim doesn’t have sufficient work credits, the other option is applying for supplemental security income (SSI) which is means tested and based on cash and assets.
A disability benefit decision is based on two factors, the first is the claimant’s medical records and the second their work history and job skills. The decision is made once it has been determined if the claimant is still able to work in a recent job or one undertaken in the past 15 years.
Can I Perform Sedentary Work?
Sometimes a disability benefit decision is based on the claimant’s ability to take on sedentary work that is available. If the disability examiner denies a social security disability claim because he or she says you can do sedentary work the only option available is to request an appeal hearing.
You will have to prove your herniated disc is a permanent impairment and a disabling condition so you cannot undertake more sedentary work. Your disability claim can still be denied if a vocational expert attends the hearing and says that, although you are not fit enough to do your normal job there is other work available for you to do which is more sedentary.
Get a Free Case Evaluation Today
Because it is not easy to win a Social Security disability benefits claims for a permanent impairment like a herniated disc it is important to seek help from a disability lawyer who can file the claim on your behalf.
