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SOCIAL SECURITY DISABILITY (SSD), SSI


AND

CURVATURE OF THE SPINE (SCOLIOSIS, KYPHOSCOLIOSIS)

This information may help scoliosis claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning ssi or ssd - ssdi benefits.

Very often, disability claimants who are pursuing social security disability or SSI disability benefits will cite degenerative disc disease or certain disorders of the spine (such as herniated nucleus pulposus, arachnoiditis, and spinal stenosis) among their primary impairments. However, many applicants for disability benefits will also list abnormal curvatures of the spine on their disability application or appeal.

Curvature of the spine includes a number of conditions such as scoliosis, kyphosis, and kyphoscoliosis. Generally, all of these impairments will result in a restricted and limited ability to ambulate or perform tasks in certain postures, though other types of impairment may also apply, such as impaired heart or lung function.

Unfortunately, there is no specific listing in the social security administration's blue book (the impairment listing manual that dictates the approval criteria for certain medical conditions) for curvature of the spine. This fact alone will dictate that individuals who are filing for SSD or SSI benefits based on scoliosis, kyphosis, or kyphoscoliosis will need to be awarded on the basis of a certain type of approval known as a medical vocational allowance.

How does a medical vocational allowance work? In this manner: when an SSD or SSI disability applicant's case is evaluated, a determination will be made as to whether or not the claimant is capable of returning to their past work. Claimants who are found to be capable of returning to one of their past work jobs will be denied. Claimants who are judged to be incapable of returning to a past work job will further be evaluated as to whether or not they are able to perform some form of "other work".



Other work, of course, is a fairly hazy term but it may include any type of work that a claimant's current level of physical and/or mental level of functioning will not preclude or rule out. Regarding approvals on claims, claimants who are found to be incapable of returning to their past work AND are found to be incapable of doing some form of other work will be approved on the basis of a "med-voc allowance".

Most individuals who are eventually awarded disability benefits from SSA win their cases via the medical vocational allowance route. And, as it is with any type of disease or disabling impairment, a claimant who wins their case this way (of course, no one really has any choice as to how they are approved, or even if they are approved) will need to present compelling medical evidence that demonstrates exactly why they are disabled and unable to work. In other words, a claimant's medical records should note the specific functional restrictions that the claimant has (and which prevent the claimant from working) as a result of their medical condition.

The following article regards the type of information that the social security administration actively looks for (for the purpose of making an approval) when reviewing an SSDI (social security disability insurance) or SSI applicant's case:

Medical record documentation and social security disability - SSI


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