EMG

Back pain has been the leading claim for Social Security Disability (“SSD”) benefits.  The question frequently arises, why do some claims based on back pain get approved, and vice versa.  When it comes to lumbar spine impairments, the answer is usually depends on what diagnostic evidence is provided.

We represent a 45 year old with back pain from Selden, who worked as a heavy equipment operator.  The State agency approved the SSD benefits relatively early in the application process.  What made this case different?

The claimant’s neurologist submitted an EMG, which the doctor described as extensive evidence of neuropathy.  The State agency and the Social Security Administration frequently disregard the opinions of claimants’ doctors, especially since the treating physician rule has been eliminated.  However, when the opinion of a claimant’s physician is accompanied by significant diagnostic testing, then that opinion is much more likely to be accepted.