Can I Get Disability for a Spinal Cord Disorder?
If you have been diagnosed with a spinal cord disorder such as paralysis, flaccidity, spasticity or weakness and are unable to work in any capacity, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.
Social Security Listing 11.08
Social Security has included spinal cord disorders in its Blue Book of disability listings under Listing 11.08. There are three potential ways for claimants to meet this listing.
The first way to meet the listing is if you have medical evidence of a complete loss of function that persists for three consecutive months after the disorder. A complete loss of function is a complete lack of motor, sensory, and autonomic function of the affected part(s) of your body.
The second way to meet Listing 11.08 is if you have been diagnosed with a spinal cord disorder and have disorganization of your motor function in two extremities (arms, shoulders, fingers, wrists, hands, or legs) that results in an extreme limitation in your ability to stand from a seated position, balance while walking or standing, or use your upper extremities. This disorganization must persist for three consecutive months after the disorder.
The third avenue to meet the listing is if your medical records demonstrate that you have marked limitation in physical functioning and in in one of the following areas of mental functioning: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; or (4) adapting or managing yourself. The marked limitations must exist for three consecutive months after the disorder; however, if the medical evidence shows total cord transection causing a loss of motor and sensory functions below the injury level, Social Security may be able to make the allowance decision without waiting three months.
I Don’t Meet the Listing!
If you do not meet the listing, you may still qualify for SSDI or SSI benefits. To prove that you are disabled and unable to work, you will need medical evidence that shows the severity of your impairment. Social Security will need reliable medical evidence from your doctors to show them that your condition limits you and prevents you from working.
Unfortunately, one of the most common reasons for a denial is not enough medical evidence. It is important that you keep a log of all doctors, hospitals, and clinics you have seen for your condition, including any inpatient stays or hospitalizations.
If you do not meet the listing, Social Security will consider your residual functional capacity (RFC). Your RFC outlines your job restrictions and will be used to determine if you can go back to your past work. Your RFC is also used to determine whether there is other work available for you.
Jacksonville Social Security Disability Attorney
If you have been diagnosed with a spinal cord disorder and are unable to work in any capacity due to your physical condition, contact a local attorney today. An attorney can help answer your questions or help you apply for disability.