Law Offices of Daniel Berger, NY Disability

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Law Offices of Daniel Berger

718-691-7475
Hablamos Español

Law Offices of Daniel Berger, NY Disability
718-691-7475

We Fight To Help You Get The SSD Or SSI Benefits You Deserve – Changing Lives For The Better

Failed Back Surgery Syndrome Disability Lawyer Serving New York City Clients

Last updated on November 12, 2026

Can you still qualify for disability benefits even if back surgery didn’t fix your pain? This is a common question among blue and white collar workers in New York City suffering from failed back surgery syndrome (FBSS). You might have recently filed a disability claim but received a denial. Fortunately, appealing your denied claim is possible.

We at the Law Offices of Daniel Berger have been helping clients with disabilities for more than 30 years. When it comes to Social Security Disability (SSD) claim appeals, you can rely on our lead attorney, Daniel Berger. We know how a denial can be overwhelming. That is why we dedicate ourselves to providing thorough guidance.

Common Reasons For Post-Surgical Back Pain Claim Denials

The Social Security Administration (SSA) often rejects FBSS disability claims due to:

  • Incomplete medical evidence: Your claim has insufficient evidence to prove that the back surgery didn’t fix the problem.
  • Failure to meet a Blue Book listing: Your condition doesn’t meet listings related to spinal injuries.
  • Gaps in treatment: Your inconsistent hospital visits can create an impression that your condition isn’t serious.

We can review your denial letter and help you understand why you received it.

Understanding SSA Listing 1.15 Nerve Root Compression

An FBSS may fall under SSA Listing 1.15, which covers severe spine conditions that pinch a nerve root in your back. Qualifying means meeting four specific criteria:

  • You feel radicular pain following a nerve root pathway.
  • Your clinical findings include muscle weakness, nerve irritation, and sensory changes or diminished reflexes.
  • Your imaging scans clearly show physical nerve root compression.
  • Your condition has restricted your physical ability to function for at least 12 straight months.

The SSA can reject your SSDI epidural fibrosis claim if they find that you didn’t meet one of the strict conditions.

Essential Factors For A Successful Lumbar Radiculopathy SSDI Appeal In New York

We can help you submit a formal appeal with the SSA within 60 days of your denial. Your submission will contain updated medical evidence. These can include repeat magnetic resonance imaging (MRI) to document recurrent spinal injury, electromyography (EMG) tests to confirm ongoing lumbar radiculopathy and physical therapy records to prove your restricted range of motion and muscle weakness.

Additionally, we can request a comprehensive medical source statement from your treating specialist documenting your physical limitations. The SSA will use it to determine your residual functional capacity (RFC).

We Can Help You Appeal Your Claim. Free Consultations.

At the Law Offices of Daniel Berger, we believe that appealing your claim is worth the fight. You can expect us to help you prepare by securing crucial evidence and presenting your claim properly. If you have questions about your denied claim, feel free to call us at 718-691-7475 or submit an online form.