Social Security disability benefits and back injuries in New Mexico

In my practice as an Albuquerque disability lawyer, I often see clients with back injuries. Social Security claimants in New Mexico and nationally seek disability benefits because of back injuries more often than virtually any other injury or condition. The most common back problem is low back pain. The challenge for back pain cases is that claimants may suffer from pain, muscle spasms, and limitations in their ability to sit, stand, lift or bend, but the objective medical evidence may not show serious abnormalities.

Poor correlation of medical imaging results and back pain

Doctors agree that x-rays and other medical imaging test results often do not match up with a person’s symptoms. Some people with x-ray evidence of severe bone and joint degeneration have mild or even no symptoms. Others with mild abnormalities suffer severe pain. The Social Security Administration recognizes in its musculoskeletal Listings that “there is a relative lack of correlation between findings on imaging and function of the joint.”

Despite this language in the Listings, administrative law judges frequently deny disability benefits in low back pain cases on the grounds that the “mild” x-ray findings do not support the claimant’s claims of pain and exertional limitations.

Administrative law judges also point to lack of significant limitation in lumbar (low back) range of motion as a justification for denial of low back pain claims. But there is little correlation between lumbar range of motion and residual functional capacity (RFC—the ability to exert oneself to do work). Studies have shown that people with no back impairment exhibit a large variation in lumbar range of motion. Lumbar range of motion can be affected by age, gender, and time of day of testing. Spinal stability has been found to be more important for the performance of everyday activities than is the ability to bend over.

Administrative law judges sometimes deny low back pain cases even when the record contains a report from the treating physician reciting findings and describing a significantly limited RFC. To avoid this problem, your disability attorney must ask the treating physician to explain why the findings support the diagnosis, and why the medical signs and findings caused the physician to conclude your RFC was so limited.

Emotional factors that may contribute to back pain

Emotional factors may help explain low back pain. An emotional overlay is defined as “the emotionally determined increment to an existing organic symptom or disability.” DORLAND’S ILLUSTRATED MEDICAL DICTIONARY, 29th ed., p. 1295.

If your treating physician concludes that your back symptoms are more severe than expected for the objective medical findings and that an emotional overlay may explain the difference, your disability attorney should develop evidence concerning this emotional overlay. A psychological evaluation can provide corroboration. Often the combination of the back problem and the emotional overlay will explain your symptoms.

More information on back injury claims is also available here on my website.

Help from an Albuquerque disability lawyer for back injury and back pain claims

Back injury claims require careful assessment and development of evidence. If you have a back injury, live in New Mexico, and are not already represented by an Albuquerque disability attorney, I would be happy to evaluate your claim. Please give me a brief description of your claim using the form to the right.

Or you may contact me at:

Michelle Baca
New Mexico Disability Attorney

E-mail me
Phone: 505-872-1144
Toll-free: 1-877-772-1144
Fax: 505-872-1155

6301 Indian School Road NE
Suite 614
Albuquerque, New Mexico 87110