Evaluating a Texas back injury claim for Social Security disability benefits

A back injury is the most commonly-cited impairment from Social Security disability applicants in Texas and nationally.

It is unfortunate that the Social Security Administration remains well behind the times in how it evaluates the most common back problem — disability from low back pain. The Social Security Administration’s approach to its evaluation of pain is one source of the problem. The way the Social Security Administration handles osteoarthritis and degenerative joint disease is a second source. The Social Security Administration does not find these impairments disabling, at least during the initial time period when claimants may be suffering muscle spasms, pain, and some limitation of motion but may not have significant neurological findings.

X-ray evidence of back pain

Unfortunately, x-ray findings for osteoarthritis and degenerative joint disease many times do not match up with symptoms. Some people with zero symptoms have x-rays that show severe osteoarthritis or degenerative joint disease. Others who suffer excrutiating pain have mild x-ray findings. X-ray findings frequently lag far behind symptoms. In its introductory comments to the musculoskeletal Listings, the Social Security Administration has admitted that “there is a relative lack of correlation between findings on imaging and function of the joint.”

In addition, there is little correlation between residual functional capacity and lumbar range of motion. Studies have found a large variation in lumbar range of motion of those who have zero back impairment. Gender, age, and time of day of the testing also influence lumbar range of motion. The ability to touch your toes is not near as essential to the performance of daily activities as is spinal stability.

Texas Social Security administrative law judges frequently base their denials in low back pain cases on the grounds that the lack of significant limitation of lumbar range of motion or mild x-ray findings do not support the claims of pain and reduced residual functional capacity. This is even though the applicant’s record may contains a report from the treating physician describing a limited residual functional capacity. To sidestep this problem, we will have your treating physician provide maximum explanation and detail. Any Texas Social Security disability lawyer you retain must ask your treating physician to explain why the findings support the diagnosis, and why the medical signs and findings caused the doctor to conclude your residual functional capacity is so limited.

Emotional aspects of Texas back pain claims for Social Security disability

Other factors may help explain your symptoms. For example, if the treating physician states that your symptoms are out of proportion to his findings of a back problem and that an “emotional” or “psychogenic” overlay accounts for your increased symptoms, your Texas Social Security disability lawyer should develop evidence concerning this “overlay.” He or she should have the treating physician explain what this means. An emotional overlay is defined as “the emotionally determined increment to an existing organic symptom or disability.” DORLAND’S ILLUSTRATED MEDICAL DICTIONARY, 29th ed., p. 1295.

If your treating physician suggests that you have an emotional overlay, corroboration may be obtained through a psychological evaluation. Most often the combination of the underlying back problem and the emotional overlay will explain your symptoms.

Expert back pain claim assistance available

Back injury claims can be challenging. If you have a back injury, are not already represented by a Texas Social Security disability attorney, and want our evaluation, give us a brief description of your claim using the form to the right. Or you may contact us at:

Morgan & Weisbrod
Texas Social Security disability lawyers
with offices in Dallas, Austin (Georgetown), and Houston

E-mail
Phone: 800-800-6353