Case Studies for Disability Claims
based on Chronic Back Pain

Disability and SSI cases based on chronic back pain are probably the most common type of case I see. Severe back pain can occur from overworking, over-activity, and even simple aging factors. “Degenerative disc disease” typically occurs from many years of wear and tear on ones back resulting in deterioration.

Since it is common for Social Security Judges to see this type of claim, you will have to show proof that your pain is more severe than being mildly to moderately uncomfortable; many people can experience minor back pain once in a while. You must prove that the pain is severe enough and debilitating enough to where you cannot sit or stand for long periods or even tolerate simple sit down duties.

My experience has shown that the factors that Judges look for in this type of Claim are the following:

• A long and steady work history
• Good medical evidence of back problems (MRI’s that show nerve or disc damage, for example)
• Evidence to prove that you are not a candidate for surgery and that you have been seen by a Pain Management Specialist

In reality there are only three ways to win a claim based on back pain and they are:

1. Meet the listing at 1.00 (musculoskeletal system listing)
2. Residual Functional Capacity: prove that your ability to function at work is so reduced due to the severity of the pain that you would not be a dependable employee
3. Meet Grid requirements (Usually limited to people over age 50 with limited education and unskilled work background)

Click on the links below for examples of cases I have tried for people alleging disability based on chronic back pain.

Back Pain Case Study #1: 58-year-old male who used to work as a computer programmer

Back Pain Case Study  #2: 59-year-old male who used to work as a land surveyor

Back Pain Case Study #3: 49-year-old woman with medical proof of degenerative disc disease that is not severe enough to justify surgery

Back Pain Case Study #4: 60-year-old male who had surgery (a multi-level decompression fusion) was out of work for 25 months then against doctor’s orders returned to his truck driving job

Back Pain Case Study #5: 50-year-old man who experienced chronic cervical degenerative disease in addition to suffering from depression, anxiety and Bipolar disorder

Back Pain Case Study #6: 41-year-old woman who had a cervical fusion (Surgical Procedure on the neck area) approximately 20 years ago and is now experiencing severe pain that radiates down into her legs and also carpel tunnel syndrome