Social Security Disability Lawyer Blog

Filing for veteran disability benefits with Veteran Affairs (VA) is a noticeably different process from filing for Social Security disability benefits. Disabilities must be service-connected in order to receive VA benefits, meaning they must be resulting from--or exacerbated by--your military service. In addition, VA benefits can sometimes be granted in part, while Social Security disability benefits are granted entirely or not at all.

As of 2007, veterans can enlist the help of an experienced disability attorney for their claim. The process can be trying, but if claimants adhere to the following steps and do not give up, their odds of success are dramatically improved.

1. File your initial disability claim (VA Form 21-526, Veterans Application for Compensation and/or Pension) with your regional VA office. Along with the application, you will want to submit all applicable back-up documents, including discharge papers, dependency records, and medical documentation.
2. After filing, you will receive a Ratings Decision. In the event that your Ratings Decision is unsatisfactory, you may then submit a written Notice of Disagreement within one year.
3. Your Notice of Disagreement will prompt VA to send you a Statement of Case (SOC), which will explain the details surrounding VA's decision on your disability. If you have new evidence you wish to submit for reconsideration, you may do so and the VA office will send you a Supplemental Statement of Case (SSOC). At this step, disabled veterans may also request a hearing to present more information on the case and request reconsideration.
4. If you still disagree with the decision, you may file a formal appeal with the Board of Veteran Appeals (BVA) within 60 days from your SOC (or one year from your initial Ratings Decision). The BVA will hear your case and make a decision, but they are frequently backlogged and your case may take over a year to be heard.
5. Veterans can appeal the BVA's decision at the Court of Appeals for Veteran Claims if they are dissatisfied.
6. Finally, if all of the appeals have been exhausted and the veteran is still unhappy with the final determination, they may take the case to the Federal Court of Appeals.

For disabled folks who struggle to pay hospital bills, Medicare and Medicaid can help cut back the costs of hospital stays, physician visits, and necessary prescription drugs. A disabled person's eligibility for either program is dependent on the type of disability benefits that they receive.

Medicare is a program run by the federal government that provides health insurance for citizens over the age of 65. In addition to the over 65 set, Medicare covers those that have been receiving Social Security disability benefits (under title II) for two years or more.

Beneficiaries are automatically enrolled in Medicare (Part A only, which covers hospitalization; most beneficiaries will need to sign up for further coverage during the enrollment period) 24 months after their date of entitlement. The date of entitlement is five months after the established date of onset. In simpler terms, disabled beneficiaries are eligible for Medicare 29 months after the determined start date of the disability. Those with specific conditions, including renal failure, kidney transplant, ALS, or Lou Gehrig's disease, may be eligible for Medicare much sooner.

Medicare coverage is complex, but is generally broken down into four categories of coverage:

Part A - Hospital Insurance. A basic insurance that covers hospital stays as well as some hospice and home medical care.
Part B - Medical Insurance. A more comprehensive insurance, requires an additional monthly fee and covers hospital stays, physician visits, laboratory services, home medical care, surgical services.
Part C - Medicare Advantage. Private insurance plans through Medicare contracted companies. Plans are wide ranging and can cover a variation of the services and care covered by Part A or Part B.
Part D - Prescription Drug Plans. Private prescription drug plans, approved by Medicare, that assist with the costs of medications.

Those who receive supplemental security income under title 16, on the other hand, could be eligible for Medicaid. Medicaid is a state and local run program that helps patients with medical expenditures. Eligibility is based on several factors, but a limited income is one of the main prerequisites. Medicaid pays some or all of the medical expenses for qualifying individuals.

Some individuals receive both disability benefits under title II as well as supplemental security income under title 16. In these instances, it is best to consult the Social Security Administration to determine whether you qualify for Medicaid or Medicare.

Crohn's Disease is a chronic inflammatory disorder affecting the gastrointestinal (GI) tract. While the disease typically affects the lower small intestine, it can cause inflammation in any part of the GI tract. Claimants with Crohn's Disease can suffer from diarrhea, abdominal pain, rectal bleeding, and weight loss, among other symptoms. The disease currently has no known cure, and treatment can sometimes require multiple surgeries.

Obtaining Social Security disability benefits for Crohn's Disease can be frustrating, mostly because the disability listing is very technical. Claimants must prove, using appropriate medical documentation and physician reports, that their disorder is preventing them from being able to hold down gainful employment. Unfortunately, the symptoms associated with Crohn's Disease are similar to symptoms associated with less severe ailments, like Irritable Bowel Syndrome (IBS), making it hard for doctors to diagnose properly.

If a claimant's Crohn's Disease interferes with the ability to work, though, it is definitely still possible to be approved for benefits. The listing requires that a diagnosis of Crohn's Disease be accompanied by medical evidence, including endoscopy, imaging, biopsy, or operative findings. Patients should also exhibit the following:

• Recurring (at least twice, 60 days apart, within a 6-month period) obstruction of inflamed areas in the small intestine or colon, resulting in the need for hospitalization.
OR
• Despite following the prescribed treatment plan, the claimant still experiences two or more of these debilitating symptoms, on two separate physician visits, 60 days apart, within a 6-month period:
o Anemia (hemoglobin less than 10.0 g/dL)
o Serum albumin of 3.0 g/dL or less
o Abdominal pain accompanied by a physical mass or cramping that does not respond to pain medication
o A draining abscess or fistula caused by an infected perineum, accompanied by pain that does not respond to pain medication
o Unintentional weight loss of 10% or more
o Inability to absorb proper nutrition without medical intervention

Since the requirements are so specific, claimants may want to speak with their physician or an experienced disability attorney before submitting their claim.

One frequently asked question regarding Social Security disability benefits is whether they can expire, leaving still disabled claimants with no way to remain financially solvent. Fortunately, once a claimant is approved for disability benefits, their benefits will continue until they are deemed no longer disabled. Benefits do not have a time limit.

Claim examiners do, however, conduct case reviews regularly. Examiners are looking to ensure that beneficiaries still meet the Social Security Administration's (SSA) definition of disabled for their impairment category. If the beneficiary no longer meets the disability listing requirements, benefits will be discontinued. There is a process to dispute the SSA's determination to revoke benefits, and beneficiaries can appeal to continue receiving benefits while they are disputing the review. In other words, the SSA will not simply revoke benefits without warning.

As for whether or not there is a limit on how long after leaving work a claimant can wait before filing for disability benefits, there is no official limit on that either. When filing for disability, claimants must have at least 20 work credits within the ten years leading up to a disability. If a worker earned the maximum four work credits per year, he/she can wait up to five years from the point of discontinuing work to apply for benefits.

However, a claimant could also receive benefits if he/she can prove that a disability forced him/her out of a job ten years ago, and they had 20 work credits leading up to that disability. The process becomes more difficult, but if a claimant can gather the requisite medical documentation and sufficiently prove the disability started ten years ago, no SSA guidelines would prevent their claim from being approved. In this case, the claimant would greatly benefit from working with a disability attorney. The burden of proving a disability in the past is often not something a claimant is prepared to handle without an intimate understanding of Social Security laws and regulations.

Many claimants are surprised to discover how deeply a disability examiner investigates into their lives. Examiners will often look into a claimant's daily activities, talk to family and friends, and scrutinize personal records. As one might suspect, alcohol and/or drug abuse is one finding that can significantly change the dynamic of your case.

Substance abuse does not necessarily preclude applicants from receiving benefits, but it can certainly hamper a claimant's case. Since drug and alcohol abuse are not listed on the Social Security Administration's (SSA) List of Impairments, sufferers must have a disability apart from their substance abuse. The key factor when considering drug/alcohol abuse in a disability case is whether the abuse is material to the case. When abuse is material to a disability case, the case can easily be denied. If it is immaterial, that means that the substance abuse is not a major factor in the claimant's disability and thus, their claim is more likely to be approved.

Substance abuse may be material to the case when...

• The claimant's disability was sparked by substance abuse
• Any disability would clear up without substance abuse
• Abuse of alcohol or drugs is constant, with no periods of sobriety

Substance abuse may be considered immaterial when...

• Claimant would be disabled even without the substance abuse
• During periods of sobriety the claimant is still disabled
• Substance abuse is secondary to a completely separate disabling condition

Drug and alcohol abuse can be discovered in a variety of ways, including notes (recent or not) from the claimant's medical files. If your physician made a note on one of your charts about admitted or suspected substance abuse, this note can easily come to light during your case. Have your disability attorney review your medical files alongside you to avoid any unwelcome bombshells.

In a prior blog, I listed five common mistakes that claimants make when applying for Social Security disability benefits. There are many more potential pitfalls to avoid on the road to approval, however.

1. Not keeping sufficient records. Make copies of any documents you submit with your application, and keep files for all of your medical documentation. The simple truth is, the postal service is fallible and your documents could get lost along the way--or your disability examiner may misplace a file or two. Having a backup copy can prevent any delays due to lost paperwork. Also, it is in your best interest to follow up on any documents you submit to ensure they are received. Make a note of when you called and who you spoke with during the follow up.
2. Not preparing for a long delay between applying for and receiving benefits. The disability process, as I've mentioned before, can be quite lengthy. As such, the time between your application and your first check can last from months to years. If possible, it is always best to make sure that you are financially prepared to deal with this lag time before you apply for benefits.
3. Being unclear about your current job's requirements. Leaving out a physical/mental requirement could be the difference between approval and denial of your claim. You should be sure that you list out every single job requirement that you can think of.
4. Letting your frustration get the better of you. Like anyone else, disability attorneys and claim examiners appreciate a kind demeanor. Taking out your frustrations on those who are in a position to help you will only make the process more difficult. Physicians will be less likely to write a convincing report for your case, and a judge or examiner may be reticent to hear you out. The people involved with your case are almost always struggling under the weight of a vast number of applications, and they rarely move hostile claimants to the top of their piles.
5. Accepting an early defeat. Many applicants every year accept their first denial and never make any appeal for their disability benefits. This is unfortunate, since the majority of claims are approved after an appeal or an ALJ hearing. The process may be trying at times, but if you persist and make the appropriate appeals, your odds of approval are significantly increased.

Work Credits Explained

Whether or not a claimant meets the medical disability listing set out by the Social Security Administration (SSA), to be eligible for Social Security disability benefits (under title II) the applicant must have earned a sufficient number of work credits in the years leading up to their disability. The amount of income required to earn a work credit changes from year to year, but in 2010 a worker can earn one work credit for every $1,120 in taxable income--capping out at four credits per year. In order to earn credits on income, the claimant must have paid Social Security taxes on that income.

The number of work credits required to claim disability is not the same for every claimant, and it depends heavily on your age at the time of disability. What claimants must also consider is that work credits must typically be earned within a recent timeframe. The following is a breakdown of the credits required for claimants at a variety of ages:

• Age 23 or younger - Claimants are required to have at least 6 work credits, all earned within the 3 year period leading up to your disability.
• Between ages 24 and 31 - To qualify, work credits earned since the age of 21 should amount to half-time employment. For instance, a worker that becomes disabled 4 working years after age 21 (age 25) will require work credits totaling the equivalent of 2 years of full-time work (8 credits).
• Over the age of 31 - Eligible claimants are required to have at least 20 work credits earned within the 10 years leading up to the disability. As the claimant's age increases, so does the number of required work credits. By age 62, claimant's will need a total of 40 work credits.

Blind claimants, or those with low vision, have different work credit requirements. Their work credits may be accumulated over the course of all of their working years, and credits may still be earned for work performed even after becoming blind. If vision impaired claimants still do not meet the work credit requirements, they may sometimes acquire benefits using the work credits of a parent or spouse.

If you are unsure about your work credits, or whether your credits are sufficient to be eligible for disability benefits, talk to your disability lawyer. Experienced disability lawyers will be able to help you determine how many work credits you have earned, in what time frame, and whether or not your credits make you eligible for benefits.

After the long, tedious journey of getting approved for Social Security disability benefits, many claimants don't realize that their benefits could be lost. From time to time, the Social Security Administration (SSA) reviews cases to determine whether the disabled beneficiary is still considered disabled. To make this determination, they will look at any improvements in your condition since your original approval, as well as any new evidence of an increased ability to sustain substantial gainful employment.

If the SSA reviews your case and decides that you are no longer disabled, your benefits--including any medical benefits you may have been receiving--will be discontinued. However, as with the original claim that was submitted, claimants have the opportunity to appeal the decision to discontinue benefits if they feel they are still disabled. There are four levels of appeals:

• Reconsideration - Similar to the original process, fresh eyes at the SSA will reconsider your case and the subsequent review that determined your loss of benefits.
• Hearing - If you are denied during the reconsideration, you may request a hearing with an administrative law judge (ALJ) for further examination of your case.
• Appeals Council - The Council will decide to either uphold the decision of your ALJ hearing, or they will arrange for another hearing with a different judge to retry your case.
• Federal Court - If your case is denied on the first three levels and you are unsatisfied with the result and explanation, you may file a lawsuit in a federal district court.

Get in touch with your former disability attorney; someone with background knowledge of your case can help jumpstart the appeals process. Your attorney can determine if you have a case for appealing the loss of your benefits and then walk you through the appeals process, ensuring that your appeals are made by the appropriate 60-day deadlines.

For those that rely on their benefit money and are confident that an appeal will be approved, you may request to continue receiving your monthly benefit payments while you appeal, as long as your appeal is filed within ten days of receiving notification of discontinued benefits. If the appeal is ultimately denied, though, beneficiaries will have to repay any benefits received during the appeals process.

Some Social Security disability claims can take months, even years, to process. The lengthy wait time can be difficult to bear when your disability has left you without a steady flow of income. Still, there are ways to speed up the process--however incrementally. Use the following tips to ensure that your claim is being processed as quickly as possible (but keep in mind that "as quickly as possible" is still not that quick when it comes to Social Security disability):

1. Don't delay your claim. If you know you are going to apply for Social Security disability, do it as soon as your disability results in unemployment.
2. Do your research. Understand the process and be sure to provide all required documentation in your original claim application packet. Cases can sit for months waiting on doctors to send in appropriate records, so submitting these yourself is often much faster.
3. Answer your claim examiner's letters and/or calls. The examiner can only continue processing your claim when you cooperate, so provide them with any missing documents they may need and answer all of their lingering questions.
4. Show up to your consultative examination (CE). Rescheduling will only prolong the process, so try to reach your appointment on time the first time.
5. Don't delay your appeal. Appeals are necessary in many cases after a claimant's first application is denied. File, or have your disability lawyer file, for your appeal immediately. Waiting until the last minute will prolong the claims process. The same goes for requesting a hearing with an Administrative Law Judge (ALJ).
6. Write a dire need letter. Wait times for ALJ hearings can be a year, sometimes longer. This backlog can sometimes be mitigated by writing a letter to your Office of Hearings and Appeals (OHA), informing them that your financial situation is too dire to wait the normal amount of time for a hearing. These letters are not always effective, but the more documentation you attach the better. Add copies of past due bills, eviction notices, overdue mortgage notifications, prescriptions you require but are unable to fill, along with any other paperwork you have that exhibits your dire financial situation.
7. Contact your congressman or senator. A congressional inquiry on your behalf at the hearing level can sometimes result in a closer hearing date.
8. Hire a disability attorney. While this won't speed up your claim in and of itself, a disability attorney can ensure that you are providing proper documentation and that claims, appeals, and hearings are applied for in a timely manner.

Although many perceive skin conditions to be less severe than other conditions, the simple fact is that skin disorders can become severe enough to prevent claimants from performing on the job. Since skin is the largest organ in the human body, conditions affecting the skin can make life very difficult and painful for sufferers. Skin disorders are listed on the Social Security Administration's (SSA) List of Impairments, and the listing cites quite a few conditions that can become debilitating enough for sufferers to apply for Social Security disability benefits. Typically, to apply for benefits, disorders must meet certain standard requirements--most often, the persistence of skin lesions over a period of three months, despite treatment. Listed disorders include:

• Ichthyosis
• Bullous Disease
• Chronic skin infections/chronic mucous membrane infections
• Dermatitis
• Hidradenitis suppurativa
• Xeroderma pigmentosum (or other genetic photosensitivity disorders)
• Burns

The SSA assesses each skin condition based on a variety of factors, all of which contribute to the ability (or inability) of a claimant to perform any type of work.

• Severity/Extent of skin lesions - Severity can be determined by the amount of lesions across the body and their location. Lesions on the hands, joints, or feet that impair motor skills, ambulation, or limb movement may be considered severe.
• Frequency of flare-ups - Flare-ups are assessed over a 12 month period, focusing on the frequency, length of the flare-up, and how claimants cope during periods of remission. Frequent severe flare-ups that are expected to continue for a period of 12 months may be considered eligible for Social Security disability.
• Symptoms - Symptoms, including pain, will be judged when considering whether or not claimants are able to perform any type of continuous work.
• Treatment - Since many skin disorders respond to treatment, this will be a factor in judging a claimant's disability. SSA claim reviewers will consider the current or expected treatment, as well as any limitations that side-effects from that treatment may incite.

If your skin condition has impacted your ability to hold down gainful employment, contact a disability attorney to determine if you are eligible to apply for Social Security disability benefits.

Obesity, a disease characterized by a body mass index (BMI) of 30.0 or higher, has become a massive issue across the United States. Excess body weight can make it nearly impossible for some sufferers to perform every day tasks like driving, bathing, or even walking. Obesity used to be on the Social Security Administration's (SSA) list of medical impairments, allowing sufferers to claim Social Security disability benefits if their obesity prevented them from holding down gainful employment. However, now that the listing has been removed, claimants can no longer point to obesity as their sole disability to receive benefits.

There are still two ways in which obese claimants can become eligible for Social Security disability benefits.

1. The obese claimant is suffering from additional ailments, perhaps caused by their obesity. Obesity can cause severe conditions, ranging from heart disease to diabetes, most of which are on the SSA's list of medical impairments. You or your disability attorney can submit a claim using the subsequent listed condition instead of obesity to make your claim. Be sure to note in your claim the ways in which the condition, combined with your obesity, has affected your ability to work.
2. The claimant can apply for a medical vocational allowance. A medical vocational allowance is for claimants who can prove that their disability prevents them from working, despite its absence from the SSA's list of medical impairments. Your physician, or a Social Security physician, must provide the court with a statement of residual functional capacity (RFC). RFC statements specify exactly what activities your condition prevents you from performing.

If you have applied for Social Security disability benefits for your obesity and been denied, you may want to speak with a disability attorney to determine the next course of action. An experienced attorney will know which route is best for your obesity claim, and they can help you through the appeals process.

One of the reasons that Social Security disability benefits have gained a reputation for being difficult to obtain is that many claimants continuously make the same mistakes during the process. Here are the top five mistakes that applicants make, and how you can avoid them:

1. Not applying in the first place. Though the process may seem tedious from the outside (and it can be), don't be too intimidated to apply. Potential claimants often wait for years before filing, but the sooner you apply the sooner you can start receiving your Social Security disability benefits. Although, you can not file while you are still capable of working, the suffering party should apply the very first day that they are out of work.
2. Not hiring an experienced disability attorney. Many applicants worry that they will not be able to afford an attorney, but disability lawyers are not paid until they win your case. At that point, their fee is taken as a percentage of the Social Security disability back-pay that you receive. Since hiring a disability attorney significantly increases your odds of success, most claimants consider the future expense worthwhile. Most cases will require appeals, with some eventually necessitating a court hearing, so claimants are better off with an experienced professional at their side.
3. Filing a new application after the first has been denied. If your initial application is denied by the Social Security Administration, the next step is to make an appeal--not a whole new application. A new application will just go through the same initial review process as the original application did, typically resulting in another denial. An appeal will allow you and your disability attorney to argue your case in front of a judge, resulting in a much higher probability of success.
4. Missing deadlines. Appeals are allowed within 60 days of your initial claim. Missing the deadline for an appeal means that you will have to start the time-consuming process over from the beginning.
5. Not properly listing all of your symptoms. For your reviewer to understand the level of your disability, you will need to provide them with a complete, non-exaggerated list of your symptoms. Include everything from daily fatigue to drug side-effects. Without a complete list, your claim reviewer may determine that you are capable of working even when you are clearly not.

Cancer patients have enough to worry about without having to concern themselves with finding ways to pay their bills and keep a roof over their heads. Filing a Social Security disability claim during this trying time is an important step toward financial stability. Unfortunately for many patients, rules regarding claims for cancer patients require more than just proof of disability. Obtaining disability coverage for cancer is often difficult and many claimants feel most comfortable navigating the process with an experienced disability attorney.

Traditionally, for conditions to warrant Social Security disability benefits, the claimant must show (among other things) that their illness will last longer than one year or that it may prove fatal. For cancer patients, however, the treatment may have the disabled party back at work within several months. New technologies and treatments have ensured that cancer is no longer a death sentence, which is an amazing step forward for the medical community, but it adds another facet to your Social Security claims.

The Social Security Administration (SSA) has set forth guidelines for disability coverage for cancer patients in their List of Impairments, under neoplastic disease and malignancies. If your condition is preventing you from keeping or obtaining gainful employment, and your cancer meets the eligibility requirements, you should file for disability benefits. Patients having tumors or lesions that have been entirely removed in a surgical setting will typically not qualify for disability coverage. If you are concerned that your claim may be denied, speaking with a disability lawyer can help clear the air.

Helpful TIPS
• Remember to list any additional conditions on your disability claim, as the combination of your conditions and symptoms may help the SSA better assess your claim.
• If your cancer is far along, inoperable, recurrent, or has metastasized--you will likely be eligible for disability benefits.
• Should the SSA deny your claim for benefits, hiring a disability lawyer to help you through the appeals process will substantially increase your chances of obtaining the benefits you need.

Hepatitis C is a viral infection that attacks the liver, eventually resulting in damage to the liver, often manifesting in symptoms like fatigue, jaundice, or abdominal pain. To qualify for Social Security disability benefits, your Hepatitis C symptoms must be restricting you from working your current, or any other, job. You will need to provide detailed physician reports, diagnoses, laboratory tests, as well as a report from any or all of your doctors that states their professional opinion on your ability to work.

The Social Security Administration (SSA) will look at your documentation as well as the symptoms from your Hepatitis C infection and the side-effects from any treatment you are receiving. Since many of the symptoms from Hepatitis C are not objectively verifiable, like severe and chronic fatigue, you will need to ensure that you are discussing and treating these symptoms with your physician regularly and that they are showing up in your medical documentation.

As for the SSA's symptom guidelines, the following (rather stringent) symptoms are considered basis for Social Security disability benefits:

1. Esophageal varices along with a history of hemorrhages attributable to the varices.
2. Patient has had a shunt operation as treatment for their esophageal varices.
3. Serum bilirubin levels at or above 2.5 mg per deciliter, consistent across the span of at least five months.
4. Chronic ascites over a period of five months or more, exhibited by the patient having undergone abdominal paracentesis or having persistent hypoalbumnemia of 30 gml per deciliter (100 ml.) or less.
5. Hepatic encephalopathy.
6. Chronic liver disease (as made evident by liver biopsy), along with:
- chronic ascites
- serum bilirubin levels at or above 2.5 mg per deciliter
- hepatic cell necrosis or inflammation for more than three months

If you do not have one of the above symptoms associated with your Hepatitis C, you may still be eligible for Social Security disability benefits. Your best bet may be to seek out the counsel of an experienced disability lawyer (preferably one who has previously taken on Hepatitis C cases and won) to help you through the process. Your disability attorney may be able to prove your inability to work--despite not meeting all of the SSA's symptom requirements--during the appeals process or your ALJ hearing.

Anyone who has suffered through back pain can attest that the pain can be relentless and it can make even the simplest jobs impossible to perform. This inability to work can quickly compromise your finances, so it's no surprise that many sufferers choose to apply for Social Security disability to help cover their household expenses while they recover.

For many, the cause of back pain can be attributed to spinal injury or deterioration, most commonly a herniated spinal disc. A herniated disc occurs when there is a tear in the tough outer layer of one of your spine's discs, allowing the softer inner layer to bulge out into the spinal canal. Herniated discs often cause severe back pain as well as pain, weakness, or numbness that radiates down the back of your leg. The pain stems from irritated nerves in the spinal canal, and it can be quite debilitating for the sufferer, rendering them unable to work a normal job.

Because so many Social Security disability applicants cite back pain as their disability, the Social Security Administration is much more selective in which claims they approve and which claims they deny. Your best bet when submitting a disability claim for a herniated disk is to ensure that you have proper documentation from your physician, proving that your condition precludes you from holding down a regular job. The Social Security Administration will consider:

• X-rays, MRIs, and CT Scans of your spine depicting an obvious herniated disc that would be capable of causing the injured party considerable pain.
• A physician's objective interpretation of your scans that cites the problem areas and the plausibility of your disability claim.
• Consistent doctor's reports that assert your condition is severe and impedes your capacity to perform in your current or any other job.

Should your Social Security disability claim be denied, your disability attorney can help you gather enough evidence to help you make a successful appeal. Your back pain is real, and although it is relatively intangible as far as objective medical evidence, to increase your odds of approval you will still need to support your claim with documentation from your physician.