Does Scoliosis Qualify for Disability? How to Get Scoliosis Disability Accommodations From the SSA

Is scoliosis a disability? Many people with scoliosis are able to go about their lives without severe restrictions, but severe scoliosis can also cause widespread pain and difficulty walking and breathing. When scoliosis becomes debilitating, many find themselves struggling to work and wondering if scoliosis qualifies for disability benefits as they lose their ability to work. Fortunately, people with more severe symptoms may qualify for disability accommodations from the SSA.

Getting Social Security Disability for Scoliosis: Key Takeaways

• Scoliosis is an abnormal spine curvature causing pain, walking difficulties, and breathing issues. It varies in severity and impact.
• Both SSI and SSDI require proof of inability to work due to scoliosis. SSI has income and asset caps, while SSDI depends on work history and earned credits.
• Not all scoliosis cases qualify; severe cases impacting work and daily life may be eligible. Qualifying conditions include nerve root compression, lumbar spinal stenosis, and spinal membrane swelling.
• Comprehensive medical records, treatment history, and evidence of work limitations are crucial. Proof of other supporting conditions can strengthen the claim.
• An experienced disability lawyer can improve approval odds by ensuring all documentation is complete and rights are protected.

What is Scoliosis? Symptoms and Side Effects

Before you can apply for disability benefits for scoliosis, it’s important to understand what scoliosis is and what the symptoms are. Scoliosis is an abnormal curvature of the spine. In order to receive an official diagnosis of scoliosis, the curvature must be at least 10 degrees to one side or the other. By itself, scoliosis is not a disease, though there are certain diseases that can cause it.

There are several types of scoliosis. It can also have several causes, or it can occur for no apparent reason at all. Scoliosis often sets in during adolescence. It may not cause immediate harm, but it can result in spinal degeneration later on in life. Congenital scoliosis develops before birth due to malformation of the spinal vertebrae.

The broadest two categories are structural and non-structural scoliosis. Structural scoliosis is more common, and it means that the spine has rotated as well as having the side-to-side curvature. Nonstructural scoliosis is usually temporary with a definitive cause. In these cases, there is no rotation of the spine, only the side-to-side curvature. The structure of the spine is otherwise normal. Degenerative scoliosis affects adults and is caused by degeneration in the spine, often leading to symptoms such as back pain, sciatica, and limited mobility.

Disability Criteria From the SSA

Disability Criteria varies depending on whether you’re applying for SSI (Supplemental Security Income) or SSDI (Social Security Disability Insurance). Despite their differences, both require that you’re unable to work due to your disability to qualify for disability benefits.

SSI does not require proof of work history in order to qualify, but SSI has both income and asset caps, meaning that if you earn more than $1,550 per month or have more than $2,000 in assets, you may not qualify.

SSDI is based on your work history. You earn credits by working, and then your payment depends on how much you earned while working. You may not be eligible for this program if you do not have a work history due to your disability.

Is Scoliosis a Disability According to the SSA?

The SSA does not consider all cases of scoliosis to be a disability. For example, a person with a mild case of scoliosis may be able to work and get on with life with less invasive interventions like a back brace and pain management tools.

However, someone suffering severe back and nerve pain due to their scoliosis may find it difficult or impossible to work. In these cases, you can certainly apply for disability because it impacts your ability to work and your access to needed healthcare. Comprehensive medical records and evidence are crucial to support your application and successfully receive disability benefits.

SSA Disability Requirements for Scoliosis

In order to qualify for Social Security disability benefits for scoliosis, there are a few requirements. SSA disability benefits cover people who have conditions expected to at least for at least twelve months, or conditions that are expected to end in death.

Scoliosis is not officially listed as a disability within the SSA, but it can cause chronic pain when sitting or standing, fatigue, and issues with mobility and breathing. If your scoliosis is causing these problems to the extent that you are unable to work, you may qualify.

For scoliosis specifically to qualify for disability, it has to be causing one of the following medical conditions:

• Nerve root compression that causes a limited range of motion in the spine, loss of motor function, and widespread nerve pain
• Lumbar spinal stenosis, which refers to the spinal canal in the lower back narrowing (this causes inflammation in the nerves of the spinal cord, causing pain and weakness)
• Swelling of the spinal membrane, which causes severe pain

That said, if your scoliosis is disabling to the extent that you can’t work but you don’t have these specific conditions, don’t lose hope. There are medical vocation exceptions, which means you may still qualify without these specific conditions.

Does Your RFC Mean There’s No Work You Can Do?

Your Residual Functional Capacity, or RFC, is a determination of how well you are able to go about your day-to-day life (and work) with your limitations. Someone who has a high RFC may be able to work with accommodations, while someone with a low RFC may not be able to work at all and struggle with day-to-day activities.

RFC does not just assess your ability to do something once, but on a sustained basis. Being physically able to work on a “good” day does not help you on the bad days. If your RFC means that you cannot work, you may be a good candidate for SSA disability.

How Hard Is it to Get Disability for Scoliosis?

So, how hard is it to get disability for scoliosis? It’s not as easy as some other conditions like cardiac conditions, which make up about 7% of SSA disability claims, but it is possible to qualify for disability benefits.

The Social Security Administration uses a catalog of disabilities and conditions referred to as the Blue Book to determine which disabilities they accept. Scoliosis does not have its own listing, but it could fall under “Disorders of the Spine.”

The main consideration for how hard it is to get disability is how much your individual scoliosis affects your ability to work. The reason that scoliosis is less commonly approved to receive Social Security disability benefits is that many people with scoliosis are able to work and go about their day-to-day activities independently.

But what most people can or can’t do isn’t relevant to you and your particular case. If your scoliosis is making you unable to work, you have the right to apply for disability and try to get benefits.

Which Scoliosis Symptoms Might Limit Your Ability to Work?

Scoliosis can cause many different symptoms that limit your ability to work. This is important when applying for SSA disability because your eligibility is largely determined by your ability to work. This is especially true if your scoliosis is the result of another disease, or is causing problems with your nerves.

Neuromuscular scoliosis, for example, can be caused by neurological diseases such as cerebral palsy, spinal cord trauma, muscular dystrophy, spinal muscular atrophy, or spina bifida.

One of the most common symptoms that limits your ability to work is pain. Scoliosis can cause pain in many different ways. For example, the vertebrae may be pinching on nerves due to the spine’s twisting. Compression of the nerve roots results in widespread nerve pain, limited reflexes, and weakness.

An unnatural curvature of the spine can also cause lumbar spinal stenosis, which is what happens when the spinal canal in the lower back gets narrower. This narrowing of the spinal canal causes radiating pain, and makes it difficult to walk.

Scoliosis can also cause shortness of breath, which can make certain types of work unavailable to you. Often, this happens because the curvature of the spine causes the ribs to compress the lungs, resulting in respiratory distress.

Other Medical Conditions & Comorbidities That May Help You Get Disability for Scoliosis

Certain other conditions combined with your scoliosis may help you get disability. While scoliosis is a relatively uncommon condition to receive disability for, the most common is the broad category of “musculoskeletal and connective tissue disorders.” Neuromuscular scoliosis, caused by neurological or muscular diseases such as muscular dystrophy, can also be a qualifying condition.

This includes conditions like herniated discs and spinal cord injuries. People with scoliosis are more vulnerable to both of these conditions. The SSA also covers respiratory disorders. If your scoliosis is damaging your lungs and making it difficult to breathe, it may also make you a better candidate. Neuromuscular scoliosis can also be caused by conditions such as spina bifida, which contributes to the development of scoliosis.

Medical Evidence You’ll Need for Your Scoliosis Disability Claim

You need medical evidence to prove to the Social Security Administration that you are eligible for disability. This includes things like medical records, medical evidence, evidence that working triggers your symptoms, and proof of other conditions (if applicable).

Medical Records

Medical records, according to the SSA, refers to objective documents pertaining to your medical history. For example, a list of your doctor’s visits, surgeries, and prescriptions qualify as medical records. Your subjective experience of your disability would not be medical records, but it is still a part of your claim.

You’ll want to make sure that you have photocopies of all of your medical records. While the SSA will send back any records you send to them, it is a good idea to make additional copies if you’re using physical records.

It’s important to have proof of the things that didn’t work as well as the things that did. This proves that you have been trying to get treatment for your condition, whether or not it has been successful.

Medical Evidence

If you’re received any kind of treatment for your scoliosis, then there is medical evidence somewhere. The trick is to keep track of all of it!

While medical records are part of medical evidence, it also includes reports from doctors, test results, prescriptions, and prescribed treatments. For example, your doctor’s opinion on whether or not you are fit to work would qualify as medical evidence.

If you haven’t been treated, or the SSA determines that you don’t have enough medical evidence to support your claim, they may ask you to do a special examination to prove your condition (at their expense).

While the SSA can acquire these sorts of documents from clinics and doctors themselves, it is a much longer process than if you have everything ready yourself.

Evidence that Work Triggers Your Symptoms

You will also need supporting evidence that work triggers your symptoms. This can be tricky to prove, since if you are unable to work it may be harder to prove that you are unable to work.

This can be supported by medical evidence, as well as work history. For example, if you have lost a job due to being late too many times, or if you had to cut back hours because of doctor’s appointments.

There are also examples that are more clear-cut. For example, if you did physical work for most of your career, and you are now suffering severe lumbar pain due to your disability, that is a clear causation for you to be unable to work now.

Proof of Other Conditions

If you have other conditions that will support your scoliosis claim, the same requirements apply. You will need to prove that you have another condition and that it affects your ability to work combined with the scoliosis.

You prove other conditions the same way that you make your claim for scoliosis: with documentation. The same medical evidence will be required, as well as your doctor’s opinion on how the combined disabilities prevent you from working.

How to Apply for Scoliosis Disability Benefits

Now that you have all of the information you need to apply for scoliosis disability benefits, all that is left is to make the jump. Applying for Social Security disability benefits can be a long process, but it doesn’t have to be as painful if you’re prepared.

First, you’ll need to determine if you should apply for SSDI or SSI, which pays monthly benefits to people with limited income, resources, and who are disabled, blind, or elderly. Here are the general differences and rules for the two programs.

Applying for Social Security Disability Insurance (SSDI) With Scoliosis

Most people applying for SSA disability are applying for SSDI, which is a program designed to provide aid to disabled members of the workforce who can’t work anymore. There are several ways to apply for Social Security Disability Insurance (SSDI) with scoliosis. You can easily apply online, or you can call or set up an in-person appointment.

You’ll want to have all of your medical evidence together beforehand to make the process go as smoothly as possible. Getting consistent medical care is very important in this process because it creates a timeline of your symptoms.

The other thing to remember is that your assets are irrelevant with SSDI. If you’ve worked and paid into the Social Security system, the money that you have saved previously will not disqualify you from SSDI.

Applying for Supplemental Security Income (SSI) With Scoliosis

Less people will be eligible for SSI than SSDI because it is a needs-based program with limits on household income and assets. SSI is available for those who have never been able to work due to their disability, or have not been able to get enough work credits. This includes children.

That said, the actual process is similar to applying for SSDI. The easiest way to apply is online, though you can also call to set up an online appointment. Similarly to applying for SSDI, you will want to have all of your records (or your child’s records) in order to make the process go as smoothly as possible.

Work With a Disability Lawyer to Improve Your Odds of Approval

No matter which program you are pursuing, working with a disability lawyer will improve your odds of approval. The process of applying for disability can be long and daunting, but a good disability lawyer will give you the best chances possible.

Work with a lawyer today to triple your chances of approval!