Is Osteoporosis a Disability?

December 4, 2023

The Social Security Administration (SSA) does recognize osteoporosis as a medical condition that can qualify for Social Security Disability benefits in California. However, meeting the eligibility criteria for disability benefits due to osteoporosis may depend on the severity of your condition and how it impacts your ability to work.

To qualify for Social Security Disability benefits, you must demonstrate that your osteoporosis has resulted in severe limitations that prevent you from engaging in substantial gainful activity.

How to Meet the Eligibility Criteria for SSDI Benefits with Osteoporosis in California?

Qualifying for Social Security Disability Insurance (SSDI) benefits with osteoporosis in California involves meeting certain criteria set by the Social Security Administration.

Work Credits

To be eligible for SSDI benefits, you must have earned enough work credits by working and paying Social Security taxes. The number of work credits required depends on your age when you became disabled. Generally, you need 40 credits, with 20 earned in the 10 years leading up to your disability.

Meeting the Blue Book Listing

Osteoporosis itself is not listed in the SSA’s “Blue Book” of medical impairments. However, individuals with osteoporosis may qualify under other listings, such as Sections 1.06 and 1.07, which pertain to fractures or broken bones in the upper and lower body. Meeting the specific criteria for these listings is essential.

Medical Documentation

Compile comprehensive medical evidence related to your osteoporosis. This includes your doctor’s treatment notes, test results, imaging, and other documentation that supports your disability claim.

Regular Medical Care

It is important to receive consistent medical care and undergo regular testing to monitor your osteoporosis. Continue to see your doctor for ongoing treatment and evaluation of your condition.

Legal Representation

Given the complexity of the SSD application process, it is highly recommended to seek help from an experienced California Social Security Disability attorney who can guide you through the process, gather the necessary medical evidence, and present a strong case on your behalf.

How to Use a Medical Vocational Allowance to Qualify for Disability Benefits with Osteoporosis in California?

Using a Medical Vocational Allowance (MVA) can be an effective way to qualify for disability benefits with osteoporosis in California when you don’t meet the specific Blue Book listings. Here’s how you can navigate this process:

Medical Vocational Allowance

The MVA is an approach used by the Social Security Administration (SSA) to assess your eligibility for disability benefits when your condition doesn’t match a Blue Book listing. It takes into account factors beyond just the medical condition, such as your age, work history, education, transferable skills, and the impact of your condition on your ability to work.

Residual Functional Capacity (RFC)

The key to utilizing the MVA is having a clear understanding of your residual functional capacity (RFC). This is an evaluation of your physical and mental abilities despite your medical condition. Your treating physician can help define your RFC by providing detailed information about your limitations, such as your ability to stand, walk, lift, bend, or perform other tasks related to your osteoporosis.

Working with an SSD Attorney

You should work with an experienced California Social Security Disability attorney who understands the MVA process. They can help you and your physician complete the necessary paperwork and medical forms to ensure your RFC is accurately documented. The attorney can also guide you through the application and appeals process.

Providing Documentation

Compile comprehensive documentation that supports your case. This should include medical records, test results, imaging, and detailed reports from your treating physician regarding the impact of osteoporosis on your daily activities and work-related functions.

Be Specific About Limitations

Your doctor’s reports should be specific about your limitations. These might include the maximum duration you can sit, stand, or walk at one time, the heaviest weight you can lift or carry, how frequently you can use your arms and hands, and details about pain levels and side effects from medications.

Regular Medical Care

Once you develop osteoporosis, you should continue to receive consistent medical care and undergo regular testing to monitor the condition. This demonstrates that you are actively managing your osteoporosis.

Types of Evidence an SSD Attorney can Help You Obtain for Confirming an Osteoporosis Diagnosis

An experienced Social Security Disability (SSD) attorney can assist you in obtaining various types of evidence to confirm an osteoporosis diagnosis and support your disability claim in California. Here are the key types of evidence your attorney can help you gather:

Medical Records: Your attorney will work with your healthcare providers to obtain comprehensive records that detail your medical conditions, treatment, and the progression of your osteoporosis. These records should include physician notes, x-rays, bone density scans, and other diagnostic tests related to autoimmune disorders such as osteoporosis.
Physician Statements: Your attorney can help secure statements from your treating physicians that explicitly describe your osteoporosis diagnosis, its severity, and the resulting limitations on your ability to work. These statements should address your specific symptoms, pain levels, and any complications related to your condition.
Laboratory and Test Results: Your attorney can ensure you obtain laboratory results, such as blood tests measuring calcium levels, thyroid function, vitamin D levels, and other relevant parameters. Additionally, results from bone density tests, also known as DXA scans, are vital in confirming the presence and severity of osteoporosis.
Medication Records: If you are receiving treatment for osteoporosis, your attorney can collect records of the medications prescribed, their dosage, and any side effects you may be experiencing. These records can demonstrate the necessity of your ongoing medical care.
Functional Assessments: Your attorney can assist in obtaining functional assessments, such as residual functional capacity (RFC) evaluations. These assessments provide a detailed account of your limitations in activities like sitting, standing, walking, lifting, bending, and using your hands, all of which are critical in assessing your ability to work.
Doctor Testimonies: In some cases, your attorney may call upon expert medical witnesses who can provide professional testimony regarding your osteoporosis diagnosis and its impact on your daily life and work-related functions.
Prescription Records: Gathering records of prescribed medications, including osteoporosis treatments and any additional medications required to manage complications or side effects, can strengthen your claim.
Treatment History: Documenting your history of osteoporosis treatment, including surgeries, procedures related to fractures, and any medical complications that have arisen, can demonstrate the ongoing medical care required.
Medical Expert Opinions: Your attorney can consult with medical experts who specialize in osteoporosis to provide opinions and expert testimony that further substantiate your diagnosis and its impact on your ability to work.
Record of Medical Visits: Demonstrating a pattern of consistent medical care through your regular visits to healthcare providers is essential in proving the ongoing nature of your condition.

Frequently Asked Questions

Can I work part-time and still qualify for SSD benefits with osteoporosis?

You may still qualify for SSDI benefits while working part-time if your earnings are below the substantial gainful activity (SGA) level set by the SSA. However, your income and work capacity will be considered when evaluating your eligibility.

What should I do if my initial SSDI application for osteoporosis is denied?

If your initial application is denied, you should consider appealing the decision. An experienced SSD attorney can assist you in the appeals process, including gathering additional evidence and presenting a stronger case.

Can I apply for SSD benefits for osteoporosis even if I have not worked recently?

Yes, you can still apply for SSDI social security benefits if you have not worked recently, as long as you have accumulated enough work credits over your lifetime. The SSA considers your overall work history.

Choose Skilled and Compassionate California SSD Lawyers for the Best Outcome

If you are facing the complex process of applying for Social Security Disability Insurance benefits in California, Pisegna & Zimmerman, LLC, is here to guide and represent you every step of the way. Our seasoned SSD attorneys have a deep understanding of the system and are dedicated to helping you navigate the challenges. We know that the path to securing your benefits can be daunting, but you don’t have to go it alone.
Let us put our experience and skills to work for you and help you receive the benefits you rightfully deserve. To schedule your free consultation, give us a call at (818) 377-2200 or reach us online.