Degenerative disc disease
Degenerative disc disease is exactly what its name
implies: a deteriorating, or degenerative, condition involving
the discs of either the cervical, thoracic, or lumbar spine.
Conditions such as spinal stenosis, osteophytes
(bone spurs), disc herniation, and "ruptured disc" which, inevitably,
may involve therapy, prescription medication, or surgical intervention,
typically refer to degenerative disc disease.
DDD (the acronym for this condition) generally occurs
as people get older, and very often individuals over the age of
forty are affected to some degree with this degenerative condition.
What causes degenerative disc disease? Essentially,
the spongy discs that are interlaced throughout the spine, and
which serve as shock absorbers for the vertebrae, begin to wear
out, losing moisture and resilience. However, degenerative disc
disease can be the end result of one, or several, back injuries
as well.
Since a great many manual activities, and occupations,
necessitate the occasional use of the lower back as a fulcrum
for lifting, lumbar disc disease is typically more prevalent in
occurrence. However, cervical degenerative disc disease is also
frequently diagnosed, perhaps more often for sedentary workers.
Treatments for this condition may include physical
therapy, prescription medication, and surgery. Specific surgical
interventions may include a laminectomy, discectomy, or fusion.
In
Social Security Disability 's Listing of Impairments manual there
is a specific section for degenerative disc disease. The section
is 1.04, Disorders of the spine, and it includes osteoarthritis,
spinal stenosis, herniated nucleus pulposus, spinal arachnoiditis,
and, of course, degenerative disc disease.
However, despite the many disability claims referencing
this impairment, it is not an easy one to win cases on, especially
for individuals younger than fifty (and particularly for individuals
under the age of forty)
Exactly
how does Social Security Disability view Degenerative Disc Disease?
As with every claim for disability, after a person
files their claim at the Social Security Office, their case is
transferred to Disability Determination Services, the agency responsible
for making decisions on Disability cases.
When a case arrives at DDS, it is assigned to a
specialist, or Examiner, who orders medical records and uses these
records to make a determination. In other words, approve a disability
claim, or deny it.
Generally, the various DDS offices around the country
tend to be very dismissive of cases involving back pain---so dismissive,
in fact, that Social Security has been sued over the matter of
not properly addressing a claimant's pain. Unfortunately, today,
the disability system still does not adequately address back pain
and the effect that back pain can have on an individual's ability
to persist at a job.
in many cases, Social Security Disability will expect
an individual who has performed work of a certain exertional level
to go back to that same job, or to a job where the exertional
requirements are similar. Naturally, this implies a denial of
a claimant's disability claim.
This often means that the person who performed
medium-level work in the past (medium exertion is defined as the
ability to lift 50 lbs occasionally and 25 lbs frequently) is
expected to return to such work.
Obviously, the Social Security Administration's
position on back cases and back pain is unfair and not at all
realistic. Anyone who has ever experienced severe and continuous
back pain (myself included) knows how debilitating the effect
can be. And anyone in perfect health who has ever picked up a
fifty pound weight knows how very heavy that weight is.
But this is one of the fundamental problems regarding
impairments that involve pain: only the person experiencing the
pain can actually know how bad it is, and the degree to which
it affects them.
For this reason---and because Disability Examiners
give little consideration to complaints of pain---medical records
become that much more important in cases involving back conditions.
What does Social Security look for in Degenerative
Disc Disease cases?
When an Examiner opens a newly assigned file and
sees either disc herniation, back pain, lumbar problems, spinal
stenosis, degenerative joint disease, degenerative disc disease,
or the acronym DJD (which stands for degenerative joint disease)
they begin to look for the following evidence (once they have
in hand, of course, the records they've requested from a claimant's
treatment sources):
1. Physician treatment notes indicating one of these
diagnoses.
2. Objective evidence of disc deterioration such
as xray reports, CAT scans, and MRI studies.
The
significance of medical evidence in DJD cases
Interpretations of imaging studies (e.g., a doctor
reads an xray film and gives an opinion as to its meaning) are
extremely important since xrays, CAT scans, and MRI's are the
only purely objective evidence that will come into play in a disability
case involving back problems.
In other words, while a physician can easily diagnose
degenerative disc disease based on a patient's symptom's, without
the imaging studies there will be no way to prove the extent to
which the condition exists. For this reason, disabilty claimants
should always follow through on appointments for xrays and the
like.
Additionally, Disability Examiners look for certain
other indications, in the notes recorded by a claimant's treating
physician, regarding decreased range of motion, reduced muscular
strength (doctors use a five point scale; for example, 5/5 right
leg strength indicates full right leg strength while 1/5 indicates
severely diminished right leg strength), poor gait, and positive
straight leg raises.
Obviously, just as crucial as it is in a disc disease
case to have the necessary imaging studies performed, it is also
crucial to be followed closely by a physician, particulary an
orthopedist.
Getting regular medical treatment can help ensure
that, when the time comes, sufficient medical records exist to
substantiate a disability claim for a back condition.
Home
The Truth Claim Process About
Us FAQ Contact
Us Privacy Policy