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Can your SSD claim be denied if you had lumbar fusion?

| Feb 11, 2021 | Social Security Disability Insurance (SSDI) |

Back injuries are assuredly a central medical issue for many Tennessee residents who file for disability benefits with the Social Security Administration, but the fact that someone has had surgery does not necessarily mean they cannot work in a different industry. While educational training may be necessary for finding a suitable job, sedentary work can be achievable for some. The Social Security Administration uses this excuse to deny many people under 50 years of age who apply for benefits when they can perform other work, which is why it is often necessary to have aggressive legal representation when pursuing benefits following a surgery.

Claim denials

The SSA is known for denying almost all claims on the initial application. This is done for a variety or reasons, but a primary reason is that the decision made for disability benefits is often arbitrary. While those applicants who have had lumbar fusion will still have ongoing lower back problems, vocational rehabilitation approval could be the result when it is obvious the applicant cannot continue in a manual labor position.

Claim approvals

Aside from applicant age and education level, the actual physical impairment can sometimes be severe enough to warrant a claim approval. Rules include the ability to stand for two continuous hours or sit four three hours, both of which could exclude a lumbar fusion patient from working in either a physical labor or sedentary position. Level of pain and poor mobility can both be elements of a claim that could help significantly with approval, as each injury case is unique in some aspects.

How an SSD attorney can help

Tennessee SSD attorneys understand that injured claimants also often have other medical issues as well, and the SSA makes final decisions regarding disability based on the applicant’s overall health and how it impacts their ability to earn a living. While lumbar fusion surgery may not be enough evidence alone to warrant a disability approval, an attorney can compile a comprehensive medical record in proving that the medical problems are such that the applicant indeed cannot work in their traditional line of employment.

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