Once approved, you typically start receiving benefits within one to two months. The SSA will also issue back pay from the date of your established onset of disability, which may result in a lump-sum payment.
Social Security Disability for
Degenerative Disc Disease
in Louisiana: Your Guide to
SSD Benefits
How Does Degenerative Disc Disease Qualify for Social Security Disability (SSDI) in Louisiana?
Qualifying for SSD benefits requires that your condition meets the Social Security Administration’s (SSA) definition of a disability. Your degenerative disc disease must be severe enough to prevent you from engaging in substantial gainful activity (SGA) for at least 12 months. A disability attorney can help you determine if you qualify for Social Security Disability benefits for your back pain.
SSA’s Blue Book Listings
The SSA uses a medical guide known as the “Blue Book” to evaluate disability claims. Degenerative disc disease is evaluated under:
- Section 1.15: Disorders of the skeletal spine resulting in compromise of a nerve root.
- Section 1.16: Lumbar spinal stenosis resulting in compromise of the cauda equina.
To meet these listings, your medical condition must include specific criteria:
- Evidence of Nerve Root Compression:
- Pain, limitation of motion of the spine, and motor loss.
- Sensory or reflex loss documented by physical examination.
- Spinal Arachnoiditis:
- Confirmed by an operative note or pathology report.
- Manifested by severe burning or painful dysesthesia.
- Lumbar Spinal Stenosis:
- Resulting in pseudoclaudication.
- Established by medically acceptable imaging.
Meeting these criteria can lead to qualification for benefits.
Residual Functional Capacity (RFC) Assessment
If your condition doesn’t meet the exact Blue Book criteria, the SSA will perform an RFC assessment to determine what work activities you can still perform despite your limitations. This assessment considers:
- Physical Abilities: Your capacity to sit, stand, walk, lift, carry, push, or pull.
- Postural Limitations: Difficulties with bending, stooping, crouching, or balancing.
- Other Factors: Pain levels, medication side effects, and ability to maintain concentration and pace.
If the RFC shows that you cannot perform your past work or adjust to other work due to your limitations, you may still qualify for benefits through a medical-vocational allowance.
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Types of SSD Benefits for Degenerative Disc Disease in Louisiana
When approved for SSD due to degenerative disc disease, you may be eligible for different types of benefits.
Social Security Disability Insurance (SSDI)
Eligibility Criteria:
- Work History: Must have worked and paid Social Security taxes.
- Work Credits: Generally, you need 40 credits, with 20 earned in the last 10 years. A disability attorney can help you determine if you have enough work credits to qualify.
Benefit Details:
- Monthly Payments: Based on your average lifetime earnings.
- Medicare Eligibility: Automatically eligible after receiving SSDI benefits for 24 months.
- Dependent Benefits: Your spouse and children may also receive benefits under your record.
Supplemental Security Income (SSI)
Eligibility Criteria:
- Financial Need: Limited income and resources.
- Disability Requirement: Must meet the same medical criteria as SSDI.
Benefit Details:
- Monthly Payments: Set federal benefit rate, which may be supplemented by state funds. These rates change each year as they are evaluated by the Social Security Administration. Check with an attorney to get the most accurate benefit breakdown.
- Medicaid Eligibility: Often qualify for Medicaid immediately upon approval.
Additional Benefits and Programs
- Trial Work Period (TWP):
- Allows you to test your ability to work for at least nine months without losing benefits.
- Ticket to Work Program:
- Provides vocational rehabilitation and employment services.
- Aims to help you become self-sufficient without immediate loss of benefits.