Is Scoliosis a Disability?

Scoliosis is one of the most common musculoskeletal disorders. According to statistics, it affects about 2-3% of the population.

But is scoliosis a disability?

Yes, scoliosis can be a disability, but only if the symptoms and its physical effects are so severe that it affects your ability to work.

As you know, the severity of scoliosis symptoms can range from mild to severe. It’s barely noticeable in some people. But those with severe scoliosis may find it disabling. In some cases, it may even lead to death. If your symptoms meet the SSA’s requirements, you may qualify for disability benefits.

To help you gauge your chances of getting disability for scoliosis, we put together this quick guide for you. did you tell her to be able some food for tomorrow

When is Scoliosis a Disability?

The SSA keeps a list of impairments that are automatically considered a disability called the Bluebook. If your condition is listed in the Bluebook, you will be considered disabled regardless of your work or education history.

Unfortunately, there is no specific SSA impairment listing for scoliosis. However, the SSA does have a listing for musculoskeletal disorders. In this listing, skeletal spine disorders like scoliosis are evaluated depending on their effects on your body.

In short, the SSA does not make a disability determination based on a scoliosis diagnosis alone. Rather, it looks at how the abnormal curvature of your spine affects your overall bodily function.

That said, here are some of the criteria that the SSA follows when determining whether or not your scoliosis constitutes a disability:

1. If it compromises a nerve root

Common symptoms of a compromised nerve root include:

  • pain or a burning or tingling sensation that radiates from your back and hip into your legs through the spine
  • muscle fatigue
  • muscle weakness and signs of nerve root irritation, tension, or compression
  • sensory changes
  • decreased deep tendon reflexes
  • a scoliosis-related physical limitation that has lasted or is expected to last for at least 12 months involving at least one of the following:
    – a documented medical need for walkers, bilateral canes, crutches, and other mobility aids
    – limited mobility in one or both upper extremities preventing you from initiating, sustaining, or completing work activities

2. If it leads to lumbar spinal stenosis

Lumbar spinal stenosis happens when your spinal canal narrows down, compressing a portion of your spinal nerves. This can cause pain or numbness in your legs.

It’s usually manifested by:

  • pain or sensory loss in one or both lower extremities
  • neurogenic claudication
  • muscle weakness
  • sensory changes or decreased deep tendon reflexes
  • a scoliosis-related physical limitation that has lasted or is expected to last for at least 12 months, including at least one of the following:
    – a documented medical need for walkers, bilateral canes, crutches, and other mobility aids
    – limited mobility in one or both upper extremities preventing you from initiating, sustaining, or completing work activities

3. If it affects your breathing

In severe cases of scoliosis, the rib cage may press against the lungs, causing breathing and respiratory problems. Some of the symptoms that the SSA looks for include:

  • chest pain
  • shortness of breath
  • coughing
  • wheezing
  • spitting blood

4. If it leads to a cardiovascular impairment

A severely curved spine can severely distort your ribcage. This, in turn, can compress your heart, putting pressure on it and preventing it from beating properly. As a result, some scoliosis patients may suffer from cardiovascular problems.

Cardiovascular impairments, as per SSA’s definition, includes:

  • any disorder (congenital or acquired) that affects the proper functioning of the heart and the circulatory system
  • cyanosis (bluish tint) due to uneven pressure in the left and right atriums
  • cardiovascular disorders that cause impairments to the lower extremities, the central nervous system, and other organs

5. If it leads to social withdrawal or depression

Aside from the various health problems, scoliosis can also affect your confidence. That’s why studies have found that scoliosis patients are at an increased risk of depression and other mental health issues.

Depressive disorder, as per SSA guidelines, usually manifests in the following symptoms:

  • loss of appetite
  • difficulty concentrating or thinking
  • decreased energy
  • difficulty sleeping
  • lack of interest in doing anything
  • feelings of guilt or worthlessness
  • thoughts of death or suicide
A man is being tested to find out if he has scoliosis.

Can You Get Disability for Scoliosis Even If You Don’t Meet Any Bluebook Listing?

The SSA’s Bluebook only lists the impairments that are considered severe enough to be a  disability. It doesn’t mean that only the impairments listed therein will be considered a disability.

So even if your scoliosis symptoms don’t meet the bluebook standards, you can still claim disability benefits as long as you can prove that your condition prevents you from working.

The SSA offers two types of disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

To qualify for SSDI, you must:

  • have paid social security taxes and earned enough work credits
  • have a disabling condition that:
  • prevents you from working or engaging in a substantial gainful activity
  • prevents you from doing the job you previously did or adjusting to any other types of work
  • has lasted or is expected to last for 12 months or more

SSI, on the other hand, is a needs-based benefit. Meaning, you can only qualify for it if you have a disability and are earning below a certain level of income.

The SSI income threshold changes each year. But for 2023, you must not earn more than $914 (individual) or $1,371 (couple) per month.

However, proving to the SSA that your condition is disabling enough to warrant benefits can be a challenge. The SSA tends to be pretty strict when evaluating conditions like scoliosis, where the symptoms can vary widely.

If you want to increase your chances of getting approved for disability, you should hire Atty. Victor Malca. For the past 20+ years, he has helped thousands of disabled individuals get the benefits they rightfully deserve. He can help you get yours too. Call us now for a free consultation.

VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney

Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.

Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.

About The Author

Judy Ponio is a writer and editor for the Victor Malca Law P.A. website and blog. She enjoys helping people in need with questions about social security disability and workers compensation law. She has a passion for helping those in need and the elderly with accurate legal information that can make a positive difference in their lives.