Get Social Security Disability & SSI Benefits: Spondylolisthesis

Winning Your Spondylolisthesis Case

Spondylolisthesis & Medical Documentation

Social Security is no stranger to spondylolisthesis disability cases. Spondylolisthesis is the degeneration of spinal discs (vertebrae) where one disc slips forward on top of the other. The slippage can cause the disc to rub against a nerve causing radiculopathy or neuropathy or rub against the spinal cord causing myelopathy. Sometimes the nerve or spinal cord is affected only where it is rubbed by the disc, and sometimes the nerve or cord affects the extremities. Spondylolisthesis symptoms are typically

1. Pain,
2. Numbness,
3. Muscle spasms,
4. Weakness, and
5. Fatigue.

In a Social Security & SSI disability case, evidence of a disabling spinal stenosis impairment must include medical records showing a diagnosis and medical treatment. A diagnosis is made with an x-ray, MRI, CT, and EMG (if an extremity is affected). Medical treatment usually includes pain management, physical therapy, or surgery. Pain management usually consists of pain medications, muscle relaxers, steriod injections, TENS unit, or a spinal cord stimulator. Physical therapy is usually ineffective. Surgeries vary depending on the severity of the spondylolisthesis, and the recommendation or performance of a surgery indicates a severe degree of severity - Back & Neck Surgeries And How They Affect Your SSDI/SSI Social Security Disability Case.

Social Security & SSI Spondylolisthesis Adult Listing

You will meet Listing 1.04A at Step 3, if you have a compressed spinal nerve and at least one of the following three:

1. Serious pain, muscle strength loss, sensation loss, and positive straight leg raising if the spondylolisthesis concerns the lumbar spine;
2. Arachnoiditis (significant scar massing); or
3. Stenosis and pseudoclaudication if the spondylolisthesis concerns the lumbar spine.

A Spinal Spondylolisthesis Success Story

Mr. Robinson lived in Phoenix, AZ. He had applied for SSI disability benefits. He was 57 years old He was diagnosed with degenerative lumbar spondylolisthesis, nerve root impingement, obesity (his BMI was 37), and anxiety. His nerve pain was localized where it is rubbed by the disc. He did not have lower extremity neuropathy. He suffered the common symptoms of pain, numbness, tingling in the back, back muscle spasms, weakness, and overall fatigue.

Counsel and client obtain his medical records. He had an updated copy of his medical records from his primary doctor, and he was able to send counsel those records. Those records also contained his orthopedic surgeon records and his neurologist consult. Counsel ordered his chiropractor, physical therapy (PT), and pain management records. However, at the time counsel ordered the records, he stopped chiropractor treatment and his PT as they only made his symptoms worse. Also, his medical records, as it sometimes happens, did not include an important piece of medical records - his lumbar MRI. This was critical to establishing his medical condition, and special efforts were made to find the lumbar MRI.

His hearing was scheduled with an ALJ who awarded few cases, and counsel was concerned. About three weeks prior to his hearing, he began attending a new pain management clinic, and he began using a TENS unit. Neither counsel nor Mr. Robinson could gather these records prior to the hearing since the copy service required about four weeks to process a medical records request. This created a problem as the need for a TENS unit is a significant indicator of pain. Counsel questioned Mr. Robinson at his hearing about his new medical treatment and TENS unit. The ALJ allowed counsel to submit the pain management records post-hearing. About four months after the hearing, the ALJ sent the fully favorable decision. Mr. Robinson obtained SSI disability benefits.

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