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Is a naturally fused spine with chronic pain considered a disability?

There are standard guidelines and specific problems that qualify for disability (especially for spine and back injuries). They are known as the “blue book.” This injury isn’t specifically listed. But… :It's not necessary to meet one of Social Security’s blue book listings to be considered disabled. After deciding your condition doesn't meet a listing, Social Security will evaluate your condition based on the medical evidence in your case to determine your Residual Functional Capacity (RFC), which describes your ability to perform work-related activities despite your impairments. The main purpose of your RFC is to assess whether you can do sedentary, light, medium, or heavy work.In making this assessment, Social Security will rely on the medical evidence and records in your case, which should include physical examinations of your spine, range of motion tests, and observations from your physician about problems you experience related to your spine. X-rays, MRIs, and CT scans may also be useful in proving disability in cases involving spinal fusion.In addition to your objective medical records, the opinion of your treating doctor is of paramount importance in demonstrating the severity of your condition. If your doctor is willing to complete an RFC form or write a statement about your condition, he or she should offer specific opinions as to your physical limitations. For instance, your doctor should address the following questions:How long are you able to sit at one time?How long can you stand at one time?Are you able to bend, squat, and stoop?How much can you lift occasionally (up to one-third of an eight-hour workday)?How much can you lift frequently (up to two-thirds of an eight-hour workday)?Your doctor should also address whether you are required to use an assistive device for walking, whether you or must lie down or recline during the day, whether you must be able to switch between sitting or standing at will, and whether you must elevate your legs to relieve pain. (These nonexertional limitations can restrict the type of potential jobs you could do.) Some discussion of medications you are taking and their side effects would also be helpful. Note that it is not necessary for your doctor to give an opinion as to whether you are “disabled,” as that is a legal determination reserved for Social Security.Social Security will determine, based on your RFC, whether you can do your prior job and whether there is some type of less demanding job you could do. In short, although you don't qualify for benefits simply by undergoing a spinal fusion procedure, you may qualify for benefits based on your remaining limitations that prevent you from performing work-related tasks.

When an ALJ has a disability hearing, what makes them determine approval or denial of the claim?

Just one point to clarify up front. The vocational expert doesn't decide the case. They don't look at the medical evidence at all. They only respond to questions based on the factors given in those hypotheticals. An ALJ may ask one and that ends up being the RFC in the decision. However, there are a number of options on how to decide a claim that do not require expert testimony.Sometimes an ALJ will ask a hypothetical throwing in everything that was alleged even if the current evidence doesn't prove up all of the included limits. The reason might be that they expect more records to come in after the hearing. At other times, they may do it just to keep their options open if they must finish reading evidence after the hearing. Some files get extremely large with thousands of pages of medical records because of the time it takes to go through the two earlier levels before it reaches the ALJ level.In deciding on the severity of conditions and later in the analysis on the residual functional capacity (RFC), the ALJ uses the findings in the evidence from medical staff observations, lay people observations, exams, tests, scans, etc. Opinion evidence may get great weight if it is consistent with the findings or little or no weight if a doctor, nurse or other person writes out limits that do not have medical findings to support them.For instance, a person might allege that they are severely allergic to perfumes, chemicals in cleaners, ordinary dust and numerous other substances and therefore couldn't possibly work anywhere with other people nearby or where cleaners are ever used. They might get doctors to write this limit on multiple RFC forms. However, when the ALJ looks at records there is zero objective evidence of allergic reactions. There may be no formal testing or in allergy testing, the person did not test positive for anything. Another possibility might be that the person has worked in such environments and gone to medical appointments in such environments well after they allege that they would be immediately made ill and yet never required medical intervention for such exposure. Maybe the person has told doctors many times that the routine medications are controlling the conditions.The ALJ would likely give little weight to any opinions that state this alleged allergic reaction is going to cause functional limits to prevent working because the medical records document a conflicting history without the alleged reactions and limits. Each alleged functional limit listed by the doctors should be considered in light of not merely the diagnoses but the actual symptoms present while treated and any functional limits demonstrated as persisting.The standard is 12 months from the onset of something and not a one time bad reaction that never repeats or something that heals or is otherwise successfully treated in under 12 months. Believe it or not even cancer can be dealt with in under 12 months in some cases rendering it officially “nonsevere” under the disability law for these programs. Other agencies like the VA have their own different standards for their programs, so getting paid or denied by one agency doesn't bind another agency.If you have severe psychological conditions that have not been reduced to a manageable level by treatment, then your claim may get paid. However, if your condition improved significantly on medication such that you could perform the duties of a past job (from the last 15 years) or other work existing in the national economy in significant numbers in under 12 months, your claim could be denied. You don't have to ever be 100% better or feel like you did before you had your condition for it to be considered stable and sufficiently controlled to allow working.“Other work” can be extremely basic and nothing like someone’s past work. It could be packing items into boxes in a factory or placing a label on an item all day long. It might be taping boxes closed that someone else packed or tearing tickets at a movie theater.You can look up the 5 step disability evaluation process yourself on the website.This link goes straight into the handbook section on evaluating disability.SSA Handbook, Chapter 6The next one is the agency's home page.The United States Social Security Administration

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