What if you’re 26 but have Scoliosis mixed with Osteoporosis? My back looks like the hunchback of notre dame. My doctor even told me I’d never be able to work a regular job, but that’s been since highschool and my backs got worse. Can I not show the judge how bad my back hunches over? Because clearly they can see I’m disabled if they just saw my back.

Jonathan’s response: I think you should not rely on showing the judge how bad your back hunches over. Your chances of winning disability are much greater if your medical record and opinion evidence from your doctors addresses how your scoliosis and osteoporosis impact your capacity for work.

First, keep in mind that Social Security is not scheduling live hearings at this point. We may go back to in person hearings at some point in 2021 but there will be a backlog and you are likely to wait a very long time to actually appear before a judge. Currently, all SSD hearings are being conducted by telephone. Some judges are starting to hear cases using video (you, as the claimant, would be appearing using your smart phone) but I suspect that the severity of your medical issues would not come through on video like it would in a live hearing.

While there is no question that a Social Security judge could be impacted by seeing you, SSA regulations require the judge to make decisions based on what your medical record shows.

Given that you are 26 – which is very young to be pursuing Social Security disability – you would need to submit a long time medical record showing on-going efforts by your doctors to treat your scoliosis/osteoporosis. Ideally this treatment record would include office visits with specialists – orthopedists, neurosurgeons and others who specialize in these conditions.

By the way, if a very invasive surgery was suggested and you declined that option, SSA would not hold your refusal to undergo surgery against you as long as you explained your reasons to your doctors (i.e., fear of poor results, fear of death, etc.).

In addition to having longitudinal (long time and on-going) medical records, your case would be stronger if you had one or more functional capacity evaluation forms in your claims file that addressed how your medical issues impact your work capacity. In other words, you need more than a statement from your doctor stating that you will “never be able to work a regular job.” You need your doctors to explain why you could not reliably perform even a simple, entry-level, sit down type of job.

Further, if you have actually tried to work but have been unsuccessful in doing so, statements about the problems you had working from former co-workers and/or supervisors would be very compelling evidence.

Finally at age 26 I would be concerned about whether you have enough credits for SSDI. You can find out by downloading a “mySocialSecurity” statement here. If you do not have enough credits you would only be eligible for SSI or, if one of your parents is receiving Social Security, you could be eligible for disabled adult child benefits.

As you can see there is more to the disability process than meets the eye. I wish you the best of luck and all the best for taking whatever steps you can to improve your quality of life.