Failed Back Surgery Disability Claims
The surgery was supposed to fix it. It didn't.
Up to 40% of spinal surgeries don't work as expected. Your insurer says the surgery was "successful." You're still in pain. We bridge that gap, and get you the benefits you're owed.
No fee unless we win.
If This Sounds Familiar
You went through surgery hoping for relief. Instead, you got more pain.
You took the risk. You went through the surgery, the recovery, the rehabilitation. You did everything your surgeon recommended. But the pain didn't go away, or it came back, or it's worse than before, or there are new problems where there weren't any.
Your insurer looks at the surgical report, sees "successful procedure," and tells you to go back to work. Their doctor reviews your post-surgical imaging, sees "good hardware placement," and declares you fit for duty. Nobody asks about the scar tissue, the nerve damage, or the fact that you can't sit, stand, or walk for more than a few minutes.
"Technically successful" surgery doesn't mean you're not in pain. Good hardware placement doesn't mean your nerves aren't damaged. And a post-surgical X-ray doesn't capture the reality of living with failed back surgery syndrome.
We've represented dozens of FBSS clients. We understand that the surgery didn't work, and we know how to prove it to your insurer.
Conditions We Fight For
We handle all types of failed back surgery claims
Why Insurers Deny Failed Surgery Claims
- 'The surgery was successful', as if surgical success on paper means you're pain-free
- 'Your imaging shows good hardware placement', ignoring that you're still in agony
- 'You should have recovered by now', on their timeline, not your body's
- 'Post-surgical pain should resolve' when failed back surgery syndrome is a recognized condition
- 'You chose to have surgery', as if that eliminates your right to disability benefits
The "Successful Surgery" Problem
Insurers equate surgical completion with recovery, and exploit that gap:
- Up to 40% of spinal surgeries don't achieve the expected outcome, FBSS is extremely common
- Post-surgical imaging can look 'good' while the patient remains in severe pain
- Scar tissue and nerve damage from surgery can create new pain patterns worse than the original
- Multiple failed surgeries compound the problem. Each revision carries higher failure risk
- Insurers argue that since you had surgery, you should be 'fixed', regardless of the outcome
How We Prove Failed Back Surgery Disability
- Spine surgeon reports documenting surgical outcomes and ongoing limitations
- Pain management records showing post-surgical treatment requirements
- Functional capacity evaluations comparing pre- and post-surgical function
- Imaging studies documenting hardware complications, scar tissue, or adjacent segment disease
- Expert opinions on failed back surgery syndrome and prognosis
- Medication logs showing ongoing opioid or pain medication requirements
- Psychological assessments documenting the mental health impact of failed surgery
Surgery didn't work? We know how to fight this.
Let's Review Your Surgical Claimor call (289) 210-9449
How to protect your claim
What Insurers Use Against You
- Telling your surgeon 'it's a little better' when it isn't, be honest about outcomes
- Social media showing any physical activity, FBSS claims are heavily surveilled
- Agreeing to additional surgeries you don't want just to 'prove' you're trying
- Gaps in pain management follow-up. It looks like your pain isn't real
- Downplaying medication side effects: they're part of your disability
How to Strengthen Your Case
- Keep a daily pain and function diary documenting post-surgical limitations
- Be honest with your surgeon about outcomes, failed surgery needs to be documented
- Follow prescribed pain management even when it feels inadequate
- Document how post-surgical limitations differ from or are worse than pre-surgical ones
- Ask your surgeon to document in writing that surgery did not achieve the expected outcome
Common Questions
Your questions about failed back surgery claims, answered.
The surgery didn't fix things. That doesn't close the door on your claim.
Free case review. Responsive. No obligation at all.
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