I recently received the following email from a reader of one of my blogs:
I have two ruptured lower back disks. No surgery required yet. But my doc said that my permanent restriction is 70lbs. Does this mean I can win Social Security disability?
Here are my thoughts: as I discuss on this web site there are basically three ways to win a Social Security disability case – you can:
- meet a listing
- meet a grid rule
- show that your functional capacity for work has been so reduced by your medical conditions that you would not be a reliable worker at even a simple, entry-level job
Let’s analyze how a 70 lb. lifting restriction plays into these three arguments:
Do you meet a listing – the applicable listing for back injuries is 1.0 – Musculoskeletal Systems. When you review this listing, you will see that SSA looks for a degree of impairment that prevents you from walking or using a major weight bearing joint. A lifting restriction of 70 lbs. will not cause the level of impairment contemplated by the listing, so this argument will not fly.
Do you meet a grid rule? – the grid rules apply to claimants over the age of 50 with physical limitations. Unfortunately there are no grid rules that apply for a claimant who has a 70 pound lifting capacity so that argument is out.
Bottom line – a 70 lb. lifting restriction will not, on its own, result in a finding of “disabled” in a Social Security disability case. However, limitations like this coupled with other serious limitations can result in a favorable decision and I would be surprised if having 2 herniated discs did not result in more limitations.
For example, if, in addition to your disc problems, you have severe anxiety disorder that prevents you from maintaining attention and concentration for 1/3 of the workday, and prevents you from performing at an acceptable pace of work, you would have a good chance at winning.
It also seems to me that a 70 lb. lifting restriction is a very minor limitation for someone with 2 herniated discs – perhaps this doctor or another doctor might care to re-evaluate at some point in the future.
Ultimately, we want treating physicians to identify as many relevant work activity limitations as they can. When taken together, if these limitations would preclude even a simple, entry-level job, you will win.