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Originally Posted On: https://cannondisability.com/blog/disability-benefits-for-neck-pain/
DISABILITY BENEFITS FOR NECK PAIN
WHAT CAUSES NECK PAIN?
Neck pain has many causes, including nerve compression, neck injury, muscle spasms and degenerative disc disease of the neck. Most people, at one time or another, experience neck pain. But, with time and treatment, neck pain usually doesn’t interfere with our ability to work. Obviously, the Social Security Administration doesn’t pay SSDI and SSI benefits for temporary neck pain. However, if your neck pain is so severe that you cannot work for more than 12 months, then file an application for SSDI benefits and Supplemental Security Income benefits.
The SSA does pay SSDI and SSI benefits if you cannot work due to a severe neck problem. For example, under SSA’s blue book listing, it lists “cervical spinal cord injury” as a condition that can prevent people from working.
Also, under SSA’s listing 1.15 (C), you can have neck arthritis that results in physical limitations that prevent you from working. Most of the neck problems that our clients receive benefits for are due to degenerative disk disease, herniated discs, cervical spondylolisthesis, or cervical retrolisthesis. These neck issues must result in being unable to use your hands to perform find and gross movements and complete work tasks.
SYMPTOMS OF NECK PAIN
Neck pain can be a symptom of various medical conditions, ranging from muscle strain to serious underlying conditions. It is important to understand the different types of neck pain and their symptoms in order to determine the best course of treatment.
Common symptoms of neck pain include stiffness, tenderness, headaches, migraines, and pain that radiates down the shoulders or arms. Learn information about migraine headaches. Other more serious symptoms can include numbness or tingling in the arms or legs, as well as difficulty swallowing or speaking. By understanding these common neck pain symptoms, your doctor can better identify what treatment you need when you seek medical attention.
Pain that is in the neck can be a sign of a degenerative disc disease of the cervical spine. Headaches are often an indicator of a problem with the neck. Pain in the arm or hand that is in the wrist joint or finger joints is often carpal tunnel syndrome.
Carpal tunnel syndrome is an entrapment of the median nerve at the wrist and the ulnar nerve in the carpal tunnel of your wrist. You know if you have carpal tunnel syndrome because your hand and fingers will be numb and tingle. You will also develop pain in your hands over time that worsens with repetitive use.
But, pain in your arms and hands can also come from nerve compression in your neck, shoulder, or upper back. If you need information, then learn about shoulder pain. These symptoms can make it difficult to work at a desk, drive a car, lift items, reach overhead, type, or do work with the arms and hands.
TREATMENT FOR NECK PAIN
Neck pain is a common complaint, affecting up to 70% of people at some point in their lives. It can be caused by poor posture, stress, or injury. Fortunately, there are many treatments available to help reduce neck pain. You can treat neck pain with medication, physical therapy, and lifestyle changes. Also, if needed, you can have spinal surgery to relieve neck pain, arm pain, and compression of your nerves.
1) MEDICATIONS FOR NECK PAIN
Medication is not the only treatment option for neck pain, but it can be an effective way to reduce pain and inflammation. Medication should always be used in conjunction with other methods of treatment. Some common medications used to treat neck pain include Ibuprofen, Diclofenac, Naproxen sodium and Tramadol.
These medications work by relieving the inflammation or spasms that may cause neck pain. They can also help protect against future injury and damage if you take the medications as prescribed. If you’re experiencing neck pain, then talk to your doctor about the medication that will work best for you.
2) PHYSICAL THERAPY, MASSAGE & ACUPUNTURE
One of the most effective forms of treatment for neck pain is physical therapy. Physical therapy can help reduce pain and improve range of motion in the neck. It can also strengthen the muscles that support your neck, which leads to less pain. In addition to improving mobility and strength, physical therapy can also provide relief from chronic neck pain by reducing inflammation and helping to correct any underlying causes of pain.
Many people also try to manage neck pain with massage. Massage is a great way to relieve muscle tension and bring blood flow to the neck tissues. There are techniques that your massage therapist can use, like cranial sacral therapy, that focus on your neck, head, and shoulder pain.
Additionally, if you have neck pain you should try acupuncture to relieve your pain. Acupuncture is a technique where a therapist inserts fine needles into your skin at various areas on your body that relate to your nervous system. The needles are so thin that it does not hurt. Acupuncture comes from Chinese traditional medicine and has been in use for at least 2,500 years. Research shows that acupuncture may be helpful for several pain conditions. For example, it can help improve back, neck pain, knee pain from osteoarthritis, and postoperative pain.
3) LIFESTYLE CHANGES THAT HELP WITH NECK PAIN
There are lifestyle changes that can help reduce the your neck pain and provide you some relief. These changes include working on your posture, doing exercise, and trying to avoid activities that strain your neck muscles. Additionally, it is important to get enough rest and to practice relaxation. By making these lifestyle changes, those suffering from neck pain can experience improve their condition.
If you have a job that requires you to sit with your head tilted forward, then you may experience pain in the neck or shoulders. To help with this try to avoid sleeping on your stomach or side. Also, avoid bending forward at the waist. Make it a habit to stand up at least once an hour during the day. Also, you can use a pillow between your knees when sleeping to relieve spine pain. By making these simple changes, you may be able to get some relief from your neck pain.
CAN YOU GET SSD BENEFITS FOR NECK PAIN?
Yes. You can get SSDI and SSI benefits for neck pain.
However, in order to qualify for SSDI or SSI benefits for neck pain, your symptoms must be severe and meet or equal listing 1.15 (C). Social Security listing 1.15 (C) outlines the criteria for those who suffer from neck pain. Understanding this listing can help those with neck pain get the financial support they need during difficult times.
Social Security listing 1.15(C) states that you must have neck pain from a damaged nerve root. A nerve root is the part of a nerve that exits from the spinal cord. Damage to the nerve root brings symptoms such as weakness or muscle spasms. Your neck limitations must be in one of four areas: 1) range of motion in the head 2) mobility in the arms, legs or torso 3) ability to perform activities of daily living and work and 4) pain that limits physical activity.
LISTING 1.15 FOR COMPROMISE OF NERVE ROOT IN THE NECK
Below you will find the outline of SSA’s listing for neck pain and neck problems. You need to meet all of the criteria under listing 1.15 (C) to win SSDI and SSI benefits. You can review information about listing 1.15 and back pain.
1.15 Disorders of the skeletal spine resulting in compromise of a nerve roots with A, B, C, and D:
A. Neuro-anatomic (radicular) distribution of one or more of the following symptoms consistent with compromise of the affected nerve roots:
AND
B. Radicular distribution of neurological signs present during physical exam or on a diagnostic test and evidenced by 1, 2, and either 3 or 4:
2. Signs of nerve root irritation, tension, or compression, consistent with compromise of the affected nerve root
3. Sensory changes evidenced by:
b. Sensory nerve deficit (abnormal sensory nerve latency) on electrodiagnostic testing; or
4. Decreased deep tendon reflexes.
AND
C. Findings on imaging consistent with compromise of a nerve roots in the cervical or lumbosacral spine.
AND
D. Impairment related physical limitation of musculoskeletal functioning that has lasted, or is expected to last, for a continuous period of at least 12 months, and medical records of at least one of the following:
1. A documented medical need for a walker, bilateral canes, or bilateral crutches or a wheeled and seated mobility device involving the use of both hands; or
2. An inability to use one upper extremity to independently initiate, sustain, and complete work related activities involving fine and gross movements, and a documented medical need for a one handed, hand held assistive device that requires the use of the other upper extremity or a wheeled and seated mobility device involving the use of one hand; or
3. An inability to use both upper extremities to the extent that neither can be used to independently initiate, sustain, and complete work related activities involving fine and gross movements.
MEDICAL EVIDENCE THAT WINS BENEFITS FOR NECK PAIN
The medical evidence you need to meet the above listing requires you to have a treating doctor. Your doctor will need to do objective medical testing and document your physical limitations in your medical records. As you can see, Part C of the listing requires severe limitations in the ability to use your arms. For example, you must be using one arm to use a cane and the other arm must be unable to perform fine and gross movement. Or, worse, you must be unable to use both of your arms to perform fine and gross movements.
If you cannot meet the listing, then you can equal the listing by having a combination of medical conditions. For example, you may be unable to use one arm and also have a severe back condition. Those two physical medical conditions could combine to be the equivalent of meeting the listing.
Additionally, your doctor will need to have objective testing that shows you have nerve root damage in your neck. This can be an MRI, X-ray, or CT scan. Those tests may show that you have a herniated disc in your neck and that the material between the disc is pushing out onto your nerves. This results in nerve root pain, muscle weakness and sensory loss. It can even result in a loss of strength in your arms. Your doctor can perform tests to measure your range of motion. The tests also measure your ability to feel and use your neck and arms.
HOW TO FIND A FREE OR LOW COST DOCTOR FOR YOUR CERVICAL PAIN
It is important to submit your entire medical history from the time you stop working to the SSA. This includes any treatments you have done, such as physical therapy, medication, or surgery. Also, the SSA needs to know how long you have been in treatment and if your treatment is working.
If you do not have a treating doctor who can perform these tests and treat you, then you need to find one. We have a list of free health clinics. You can call these resources and many of them will see you for free or for low cost. Below you will find a list of medical resources in your state:
- Utah Free Health Clinics
- Nevada Free Health Resources
- Colorado Free Medical Resources
- California Free Healthcare Resources
- Idaho Free Health Services
OTHER SSA LISTINGS YOU MAY MEET FOR YOUR NECK CONDITION
Social Security has another listing for “spinal arachnoiditis.” Arachnoiditis is a painful disorder caused by inflammation in the spine. Someone with cervical arachnoiditis might feel severe burning pain in their neck. Arachnoiditis is often caused by issues after spinal procedures. But it can also be caused by cervical stenosis or degenerative disc disease. The SSA now reviews spinal arachnoiditis under listing 11.08. Your attorney may also use listing 1.18 for joint dysfunction and listing 14.09 for rheumatoid arthritis to define your neck pain under the SSA’s rules.
NECK PAIN CAN LIMIT YOUR RESIDUAL FUNCTIONAL CAPACITY
If Social Security doesn’t find you meet a listing, then you can still win SSDI benefits using your Residual Functional Capacity (RFC). Your RFC includes both your physical and mental limits. In terms of physical limits, the SSA defines your ability to sit, stand, walk, and lift, during the course of an 8 hour workday. Likewise, the SSA will include your ability to carry, pull, and push. Find out how the SSA defines work.
If your neck pain is so severe that you cannot work, then the SSA will assess those limits in your RFC. In order to figure out your physical RFC, the SSA will examine your medical records. They will take into account what your doctor states in your medical records. Also, the SSA will review any statements from your doctors about your ability to work.
Additionally, the SSA has their own doctors review your medical records. The SSA doctor may never meet or examine you. However, they are paid by the SSA to review your records. The SSA will take the medical opinion of these doctors into account. If the SSA needs more information, then they may send you to a free doctor exam. Learn what to expect at SSA’s doctor exam.
The SSA will also consider descriptions about your neck condition from your family, neighbors and friends. Find out what types of evidence the SSA must consider. For example, your family or friends could write a statement about your neck and arm pain. Find out how your RFC combines with age to eliminate work. Also, review SSA’s Medical Vocational Guidelines.
WHAT WE DO TO HELP YOU WIN SSDI AND SSI BENEFITS
You do not need to try to figure out your benefits by yourself. Our law firm can help you file your SSD application. Also, we can help you appeal every SSA denial. For example, our attorneys and staff can:
- Send you the paperwork you need to become our client
- Help you file your application for SSDI and SSI benefits
- Inform the SSA they should pay you benefits under the Compassionate Allowance Rules
- Request an appeal if you receive an initial denial
- Help you confirm your SSA doctor exam
- Request a Hearing with an Administrative Law Judge
- Prepare you to testify at your SSA hearing
- Represent you at your hearing and question the expert witnesses
- Read about job expert testimony at the SSA hearing
- Learn about medical expert testimony
- Request review of any decision with the Appeals Council
- Request review of an Appeals Council denial in Federal Court
If you file your application for benefits online at Social Security’s website, then you have 6 months to complete it. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back. If you don’t send it back, then the SSA will not process your application. Sign it and send it back as soon as possible.
HIRE US FOR OUR YEARS OF LEGAL EXPERIENCE
The SSA appeal process for benefits is long and complicated. You will need an attorney to help you win benefits. In the past 30 years, we have won millions of dollars in ongoing and past due benefits for our clients. If you want to win benefits, then hire an attorney with the legal experience to win your case. We do not charge you any money up front to help you or for you to become our client. You only pay us an attorney fee when you win benefits. If you don’t win, then you don’t pay an attorney fee. For help, contact us.
If you want to learn more about our lawyers and staff, then review our About Us page. For example, you can learn about Andria Summers. She can help you with your Medicare advantage plan. She has also won thousands of SSDI and SSI cases.
Additionally, Dianna Cannon has been helping her clients win benefits for over thirty years. Ms. Cannon teaches law and has years of Federal Court experience. Brett Bunkall also has years of legal experience helping people obtain their SSI and SSDI benefits. We are Social Security legal experts. You can trust us to help you win your benefits. We want to make the five step SSA review process as easy as possible for you.
WE OFFER A FREE REVIEW OF YOUR SSDI BENEFITS
If you need help filing for benefits, then reach out to our law firm. Take the first step. Call us to begin your journey to winning benefits for your neck pain.
We offer a free review of your case. What that means is that you can call us and explain your situation. At that point, we will look at the merits of your case for free. Then, we let you know what your chance is to qualify for SSDI benefits. We do not charge you for our review of your case. Learn about attorney fees in SSD cases. We work for free until you win benefits.
There are many reasons to hire an attorney to help you win benefits. But the first reason is it pays to hire an attorney with experience. Our legal team has the experience you need to win your case. For example, Ms. Cannon has a license to practice law in Utah, Nevada, and California.
In the past 30 years, we have won over $100 million in SSDI and SSI benefits for our clients. We are experts at what we do and we will put our knowledge to work for you. Hire us to be your Social Security legal team.
Additionally, we help clients in many states, including Nevada, Utah, Idaho, and California. Find out about Nevada SSDI and SSI benefits. Learn about Utah SSD benefits and California SSD benefits. Colorado SSD benefit information is also available to you.
No matter where you live, we want to be your legal team. Hire the best Social Security legal team with no money down and no attorney fee unless we win your case. Contact us today. We will do our best to help you win SSDI and SSI benefits for your neck pain.
