Scoliosis, a medical condition known for causing an abnormal, side-to-side curvature of the spine, affects approximately six to nine million people in the United States. Most people have only limited curvature of the spine and lead normal lives, but others with more severe curvature may have difficulty engaging in normal activities, include those physical activities related to working.
If you have been diagnosed with scoliosis that affects your ability to work, you may wonder: Is scoliosis a disability? The answer depends on the degree of curvature of your spine and its impact on your ability to perform work-related activities.
The disability benefits team at Sackett and Associates understands the challenges you face in qualifying for Social Security for scoliosis. The information that follows explains what you need to know about scoliosis as a disabling medical condition, as well as the process for obtaining scoliosis disability benefits.
What Is Scoliosis?
It’s normal for a person’s spine to have a slight forward and backward curvature, but scoliosis is different. The curvature of the spine of a person with scoliosis is from side to side into a shape similar to the letter C or S.
There are three types of scoliosis identified by the cause of the condition:
- Idiopathic: The most common form of the condition has no known cause, but research suggests a possible genetic link.
- Congenital: This type of scoliosis may be attributed to the way the bones that make up the spine develop in a fetus.
- Neuromuscular: Abnormalities in the nerves and muscles supporting the spine from cerebral palsy, muscular dystrophy, or spina bifida.
Scoliosis diagnosis usually occurs during adolescence, but it’s not uncommon for a person to be first diagnosed with the condition as an adult.
Signs that a person may have scoliosis include the following:
- Protruding shoulder blades
- Uneven shoulders
- Uneven waist
- Changes in posture
- A side of a person’s rib cage pushing forward
- One hip higher than the other
- Uneven pelvis and hips alignment
A person with scoliosis may experience back pain, muscle weakness, numbness or weakness in the legs, and inability to stand upright. Progression of the condition may lead to nerge and organ damage, breathing difficulties, and arthritis.
Treatment of scoliosis varies depending on the severity of the condition and the age of the individual. A brace may be recommended for children to wear during their growth years to prevent the curvature of the spine from getting worse. Surgery may be recommended in patients with severe curvature to straighten it or prevent it from getting worse.
Disability Benefits for Scoliosis
The Social Security Administration oversees two programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), that pay benefits when a disabling medical condition prevents you from working and earning a living. To be disabled according to the Social Security standard, you must be unable to do substantial gainful work activity because of a medically determinable physical or mental impairment that has lasted or is expected to last for at least 12 months or expected to result in death.
SSI is a need-based program with limits on the amount of income and value of resources available to claimants. It does not, however, require a work history as an eligibility requirement.
The SSDI program is for people who work long enough at jobs or through self-employment and pay Social Security taxes on their earnings or income. As with the SSI program, you must have medical evidence proving a diagnosis of scoliosis and work limitations according to the disability standard used by the Social Security Administration to evaluate applications for benefits.
Proving Scoliosis Meets The Disability Standard
Your application for SSDI or SSI spinal disability scoliosis benefits goes through a five-step sequential review process to determine whether you meet the disability standard. One of the steps uses a listing of impairments, also known as the Blue Book, containing physical and mental impairments severe enough to meet the definition of disability.
Each listing contains medical criteria that must be met for a medical condition to qualify for benefits under the corresponding listing. Scoliosis is not a listed condition. However, a notation for the listing in Section 1.15, “Disorders of the skeletal spine resulting in compromise of a nerve root(s),” states it may be used to evaluate curvatures of the skeletal spine that meet or equal the listing criteria.
If you cannot qualify for disability benefits using the listing of impairments, you may still qualify. Scoliosis must prevent you from doing work you did within the past five years or adjusting to do other types of available work.
Let Sackett Law help
When scoliosis and work limitations prevent you from earning a living, let the team of disability professionals at Sackett and Associates show you the difference disability benefits through SSDI and SSI can make. Sackett Law has been assisting individuals throughout Northern California and nationwide with their disability claims for over 45 years. Contact them today for a free consultation and claim evaluation.
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