If you’re over 50 and suffer from degenerative disc disease (DDD), appealing a denied Social Security Disability Insurance (SSDI) claim may feel overwhelming. However, the Social Security Administration (SSA) offers unique considerations for individuals over 50, making your age and medical condition important factors in the appeal process.
At Melanson Law Group, we have extensive experience representing clients in Massachusetts, Connecticut, and Maine who are navigating SSDI appeals. Here’s what you need to know about appealing a denial with degenerative disc disease as a claimant over 50.
What Is Degenerative Disc Disease?
Degenerative disc disease is a condition caused by wear and tear on the spine, leading to chronic pain, reduced mobility, and sometimes nerve damage. While the severity varies, common symptoms include:
- Persistent back pain
- Weakness or numbness in the legs or arms
- Difficulty standing, walking, or sitting for extended periods
- Limited range of motion
For SSDI applicants, proving that degenerative disc disease significantly limits your ability to work is a key part of the appeal process.
Why Age 50+ Matters in SSDI Appeals
The SSA recognizes that older workers face greater challenges in adapting to new types of work. This recognition is reflected in the Medical-Vocational Guidelines, also known as the grid rules.
For claimants aged 50 to 54:
- The SSA categorizes you as “closely approaching advanced age,” which lowers the standard for proving that you cannot transition to other work.
- Your work history, education, and physical limitations are assessed with the understanding that retraining or learning new skills may be more difficult.
For claimants aged 55 and older:
- The grid rules become even more favorable, as the SSA assumes a more limited ability to adapt to new work environments.
Meeting SSA Standards for Degenerative Disc Disease
To qualify for SSDI benefits, you must meet the SSA’s definition of disability, which requires that your condition:
- Prevents Substantial Gainful Activity (SGA): Your ability to earn above the SGA threshold is significantly limited.
- Lasts or Is Expected to Last 12 Months or More: Degenerative disc disease often meets this duration requirement.
Step 3: Meeting or Equaling a Listing
Degenerative disc disease is evaluated under Listing 1.15 (Disorders of the Spine) or Listing 1.16 (Lumbar Spinal Stenosis) in the SSA’s Blue Book. To meet these listings, you’ll need to show evidence of:
- Nerve root compression with pain, weakness, or sensory loss
- Limited motion in the spine
- Difficulty walking or standing due to nerve dysfunction
Step 4: Proving RFC Limitations
If your condition doesn’t meet a listing, the SSA evaluates your residual functional capacity (RFC). This determines what level of work you can still perform—sedentary, light, or medium—and considers your ability to sit, stand, lift, or perform repetitive tasks.
How the SSDI Appeal Process Works for Degenerative Disc Disease
- Reconsideration:
If your initial claim was denied, the first step is filing for reconsideration. At this stage, submitting updated medical evidence, including imaging (like MRIs) and treatment records, is essential. - Hearing Before an Administrative Law Judge (ALJ):
The next step is a hearing, where you’ll present your case before an ALJ. For claimants over 50, highlighting your limited ability to transition to new work is critical. - Vocational Expert Testimony:
A vocational expert (VE) may testify about jobs you could perform. Successfully challenging the VE’s assumptions about your abilities can significantly strengthen your case. - Appeals Council and Beyond:
If the ALJ denies your claim, further appeals can be made to the Appeals Council and federal court if necessary.
Building a Strong Appeal for Claimants Over 50
For individuals over 50 with degenerative disc disease, the key to a successful SSDI appeal lies in addressing both medical and vocational factors.
- Comprehensive Medical Evidence:
- Imaging studies, such as MRIs or CT scans, showing spinal damage.
- Reports from orthopedic specialists, neurosurgeons, or pain management doctors.
- Records of treatments, including physical therapy, injections, or surgery.
- Detailed RFC Assessment:
- Demonstrating how your condition limits your ability to sit, stand, lift, or perform basic work activities.
- Emphasizing how pain and fatigue affect your daily functioning.
- Leveraging the Grid Rules:
- Highlighting your age, work history, and limited transferable skills to argue that adapting to new work is unrealistic.
How Melanson Law Group Can Help
At Melanson Law Group, we understand the unique challenges faced by claimants over 50 with degenerative disc disease. Our approach includes:
- Thorough Case Preparation: We ensure your medical and vocational evidence aligns with SSA standards.
- Hearing Representation: We prepare you for your ALJ hearing and effectively counter vocational expert testimony.
- Personalized Advocacy: We tailor our strategies to emphasize the challenges you face due to your age, condition, and work history.
Take Action on Your Appeal Today
If you are appealing an SSDI denial in Massachusetts, Connecticut, or Maine, contact us today for a free consultation. Let us help you secure the benefits you deserve and navigate the SSDI appeal process with confidence.