After A Back Injury in Virginia, Can You Get Social Security Disability?

• Your "age" can be a very important factor. If you are under age 50 and can still do some form of work such as clerical work then your back injury will probably not entitle you to benefits.
• Your "age" can work in your favor. If you are over 55 with only a high school education and a past history of manual labor, then you would have a very good case for disability if your back injury now prevents you from doing manual labor.
• Your "past work experience" is an important factor. As noted above, a past history of only manual labor can make your case for disability much easier.
• Conversely, a past history of only "clerical work" may mean you can easily return to that type of work despite your back injury.
• The "skill level" of your past work is also important. As a general rule the more skills you possess the more difficult it is going to be to obtain disability benefits. This is so because a skilled worker can transfer his/her skills to many different occupations many of which may be light enough to do even after a serious back injury.
• When it comes to a back injury, an opinion from an orthopaedist, a pain management doctor, or a rehabilitation doctor regarding one ‘s functional abilities can be decisive in a disability case. But a simple statement that one is "disabled" is not enough. It is better if the physician prepares a comprehensive statement describing how one’s abilities to lift, walk, sit, etc. are compromised by the patient’ back injury. In my cases I almost always have a Lumbar Spine Functional Evaluation completed by the treating back specialist or if one is not available then the claimant's primary treating physician.
• The back injury listing can be found at Section 1.00 of Social Security’s Schedule of Muscoloskeletal Impairments. If a back injury specialist says your impairment meets or equals one of these back listings then your case for disability will be very strong
• If you are denied on your initial application, you should consult an attorney who specializes in Social Security Disability. You can review my other article on How to Find the Best Virginia Social Disability Lawyer for some tips on finding an experienced Social Security Disability attorney.