If My Back is Injured in an Accident – Can I Get Social Security Disability?

Young and Young is a firm of Indiana personal injury attorneys.  We are accident lawyers and accident attorneys.  We pride ourselves on being full service injury lawyers and accident attorneys.  When one of our clients is hurt in a traffic accident or a construction accident, we know that they may also have a claim for Social Security Disability benefits.  If you are in a car wreck with a drunk driver, or hit in a big truck accident, a semi tractor-trailer accident,  a motorcycle accident, a truck accident or any kind of trucking accident, we know the possibility of being severely injured is very real.   The injuries fall into a wide spectrum including broken bones, back injury, spinal cord injury, paralysis including paraplegia and quadriplegia, brain injury,  scarring, burns and wrongful death.  These injuries can interfere with your ability to work, earn a living and support your family. So let’s talk about a very common injury, the back injury and whether that allows you to qualify for Social Security Disability.

The rules and regulations for the Social Security Administration for Social Security Disability are found in the Code of Federal Regulations.  The specific Code Section is Section 20, parts 400-499. Appendix 1 to Subpart P of Part 404.  The listing looks like this:

Appendix 1 to Subpart P of Part 404—Listing of Impairments

The body system listings in parts A and B of the Listing of Impairments will no longer be effective on the following dates unless extended by the Commissioner or revised and promulgated again.

1. Growth Impairment (100.00): July 1, 1999.

2. Musculoskeletal System (1.00 and 101.00): June 7, 1999.

3. Special Senses and Speech (2.00 and 102.00): July 1, 1999.

4. Respiratory System (3.00 and 103.00): October 7, 2000.

5. Cardiovascular System (4.00 and 104.00): February 10, 2000.

6. Digestive System (5.00 and 105.00): December 6, 1999.

7. Genito-Urinary System (6.00 and 106.00): December 6, 1999.

8. Hemic and Lymphatic System (7.00 and 107.00): June 7, 1999.

9. Skin (8.00): June 7, 1999.

10. Endocrine System and Obesity (9.00) and Endocrine System (109.00): June 7, 1999.

11. Multiple Body Systems (110.00): July 1, 1999.

12. Neurological (11.00 and 111.00): July 1, 1999.

13. Mental Disorders (12.00 and 112.00): August 27, 1999.

14. Neoplastic Diseases, Malignant (13.00 and 113.00): June 7, 1999.

15. Immune System (14.00 and 114.00): July 1, 1999.

The part we want to discuss is the musculoskeletal system, because that this the section that talks about back injuries.  To meet any listing you must have the listed impairment (diagnosed and documented by your physician) and the impairment must be severe.  The section on back injury looks like this:

1.05 Disorders of the spine:

A. Arthritis manifested by ankylosis or fixation of the cervical or dorsolumbar spine at 30° or more of flexion measured from the neutral position, with X-ray evidence of:

1. Calcification of the anterior and lateral ligaments; or

2. Bilateral ankylosis of the sacroiliac joints with abnormal apophyseal

articulations; or

B. Osteoporosis, generalized (established by X-ray) manifested by pain and limitation of back motion and paravertebral muscle spasm with X-ray evidence of either:

1. Compression fracture of a vertebral body with loss of at least 50 percent of the estimated height of the vertebral body prior to the compression fracture, with no intervening direct traumatic episode; or

2. Multiple fractures of vertebrae with no intervening direct traumatic episode; or

C. Other vertebrogenic disorders (e.g., herniated nucleus puplosus, spinal stenosis) with the following persisting for at least 3 months despite prescribed therapy and expected to last 12 months. With both 1 and 2:

1. Pain, muscle spasm, and significant limitation of motion in the spine; and

2. Appropriate radicular distribution of significant motor loss with muscle weakness and sensory and reflex loss.

At Young and Young, we have been helping injured Hoosiers obtain their Social Security Disability Benefits for more than 20 years.  You work with an attorney who answers your calls and goes with you to your hearing.  You are not forced to waste time with a paralegal.  When you need your benefits, Young and Young will get them for you.  Call John P. Young today.

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