Qualifying For Disability Under The Listings For Back Problems
It’s fairly common for osteoarthritis to occur in the facet joints in between the vertebrae of the spine, but osteoarthritis in the spine qualifies for disability benefits only under certain conditions. To meet the requirements of the listing for spinal disorders, you must have a diagnosis of osteoarthritis in your spine and one of the following:
- compression of a spinal nerve root that limits the motion of your spine and makes it extremely difficult to walk and/or use your hands, or
- narrowing of the spinal canal in the lower lumbar region that affects your nerve roots and makes it extremely difficult to walk and/or use your hands.
For the specific disability criteria for each of these back problems, see our individual articles on getting disability for them by visiting the links above.
How To Apply For A Handicap Parking Placard
States policies may vary slightly. Many let you obtain and print out applications online, and then mail them in or bring them to your local motor vehicle office. Most states require your doctor to sign a form to authorize that you qualify for disabled parking. Some, such as California, allow exceptions if youve lost a leg or both hands and apply in person.
Go to your states department of motor vehicles website and download the handicap placard application, says rheumatologist Grace Hsiao-Wei Lo, MD, an assistant professor of medicine in the section of immunology, allergy, and rheumatology at Baylor College of Medicine in Houston. Review the application to see if you think you might be eligible if so, make an appointment with your doctor.
Abnormality Of A Major Joint In Any Extremity Documented By A B C And D:
A. Chronic joint pain or stiffness.
B. Abnormal motion, instability, or immobility of the affected joint.
C. Anatomical abnormality of the affected joint noted on:
1. Physical examination or
2. Imaging .
D. Impairment-related physical limitation of musculoskeletal functioning that has lasted, or is expected to last, for a continuous period of at least 12 months, and medical documentation of at least one of the following:
The listing also requires impairment related physical limitation of musculoskeletal functioning lasting or expected to last for a continuous 12 month period with medical documentation of at least one of the following:
- Need for a walker, bilateral canes, bilateral crutches, or a wheeled and seated mobility device involving use of both hands or
- An inability to use one upper extremity to begin or continue work activities involving fine or gross movements and a documented medical need for a one-handed assistive device requiring the use of the other upper extremity or a wheeled and seated mobility device involving the use of one hand or
- An inability to use both upper extremities to the extent that neither can be used to independently initiate and complete work activities involving fine and gross movements.
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How Will You Afford The Attorney Fee In Your Disability Case
We will use our skills to help you through the disability process. It is our goal to win your case. But, it also our goal to make applying for disability benefits easier for you. We offer a free consultation. If you call, then there is no obligation to become a client. You can simply ask questions. We will answer. Even if we dont accept representation in your case, we will still try to help you.
It also doesnt cost you any money to hire us. Why? Because you only pay us an attorney fee if we win your case. This is a contingency fee. It means if we win, you pay us out of your back benefits. If you do not win, you do not pay an attorney fee. How much is the fee? It is 25% of your back benefit. Also, there is a fee cap set at $6000 by the SSA. You never pay more than the fee cap at the hearing stage of your case. And, 25% of your back benefit is usually less than the $6000 cap. You will pay the lesser amount.
If there are costs in your case, then you pay for those costs. But the costs are usually less than $100. Typically, if a doctor charges for copies of your medical records, then that is your bill to pay. We also have a small office fee that covers expenses we incur for your case. However, that fee is also less than $100. You will owe the costs in your case whether we win or lose your case. However, your attorney fees come from your back benefit. You only pay an attorney fee if we win your case. You owe no attorney fee if we do not win benefits for you.
Evidence Of Your Arthritis As A Disability
A diagnosis of arthritis alone is not enough to get your claim approved. Your insurance company will want evidence of your symptoms, their severity, and their impact on your ability to work in your occupation.
The more evidence you have, the stronger your claim will be. Here are some steps on gathering evidence to support your arthritis disability claim:
Obtain statements from third parties. Ask your supervisor and/or co-workers to prepare a statement describing their experiences working with you. What did they observe about the impact of your arthritis on your ability to do your job? Statements from family members, friends or neighbors also may be helpful. Even though these individuals may be biased, their observations will help to complete the picture of your life with arthritis.
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Impairments Causing Joint Pain Or Joint Damage
Joint pain and loss of joint mobility may be caused by a number of disorders including:
- Osteoarthritis
- Traumatic damage to joints
- Neuropathic arthropathy
In all joints, osteoarthritis is the most common arthritis seen by the Social Security Administration. Osteoarthritis is also known as hypertrophic arthritis or degenerative arthritis. Osteoarthritis is not a systemic disease. It doesn’t affect the entire body its effects are confined to the involved joints. Osteoarthritis is slowly progressive and starts with damage to the cartilage on opposing ends of bone inside the joint space . Any joint in the body can be involved. Heavy impact activity on joints predisposes to the development of osteoarthritis , and osteoarthritis is associated with advancing age. Trauma to a joint, such as a fracture into a joint space, is frequently followed by development of osteoarthritis.
As joint cartilage begins to soften and thin, unusual stresses are also put on the underlying joint bone. The body responds to cartilage and bone damage by trying to grow new bone. This process can lead to osteophytes around joints or in the spine, as well as narrowing of whatever joint space is involved.
Rheumatoid arthritis is an autoimmune disease in which the body’s own immune cells attack and damage the joints. The precise cause of rheumatoid arthritis is still not clear. Rheumatoid arthritis is seen 2 to 3 times as frequently in females as males. Rheumatoid arthritis often comes on gradually.
Impairment Listings For Individual Joints
SSA has specific impairment listings for different joints of the body the disease could attack. A number of these listings deal with a persons spine. These listings help disability examiners quickly approve cases for benefits if you meet the minimum requirements set out in the listings.
If you do not meet those requirements, there is another method to obtain approval for benefits. To accomplish this, you must be able to show the SSA your impairments are so severe they limit your ability to perform tasks required by jobs that you could otherwise qualify for. Examples of such impairments that might qualify you for benefit are being unable to sit for a long period of time, stand or walk for a distance, bend over, pick objects up, push or pull objects, carry objects, or manipulate objects.
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Can I Get Help At Home If I Have Arthritis
If you need help at home with tasks such as washing, getting dressed and going to the toilet, the first step to do is contact your local council. They will work out what sort of support you need and how much you can afford to pay. Find out more about arranging help at home.
Most local councils dont provide support if you just need a helping hand with your housework, gardening or shopping. Contact a local voluntary organisation such as your local Age UK or the Royal Voluntary Service to see whether they may be able to provide services for you.
Can You Get Pip For Arthritis This Is What Qualifies As Disabled Under Uk Law
PIP or Personal Independence Payment was introduced as the gradual replacement for Disability Living Allowance – but does it cover conditions such as arthritis?
- 05:30, 29 OCT 2020
Millions of people have turned to the social security system for help during the coronavirus pandemic.
Those who are on low incomes, out of work or unable to work may qualify for Universal Credit.
And if you have a disability or health condition, PIP could also be available.
But under what circumstances is PIP paid?
Many have been asking if it covers conditions such as arthritis, which typically gets worse during the cold, damp weather of winter.
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Both Rheumatoid Arthritis And Osteoarthritis Can Be Disabling Social Security Has A Separate Listing For Rheumatoid Arthritis
By Melissa Linebaugh, Contributing Author
Arthritis occurs when there is inflammation of the joints. Fractures or breaks in the bone, obesity, age, autoimmune disorders, and bacterial or viral infections can all cause arthritis. Arthritis can cause significant pain, redness, and swelling of the joints and often limits one’s ability to perform everyday activities.
Hip Replacement And Disability Under Listing 117
Listing 1.17 is the most common listing the SSA uses when the claimant has undergone hip replacement surgery and is claiming disability. You can read the requirements of the listing below. As you can see, one of the main elements in the listing is a physical limitation that will last 12 months or longer. This is particularly important, in that many people will have hip surgery, but few will fail to recover in one year.
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Hip Arthritis Treatment In North Dakota
For state-of-the-art orthopedic care, visit The Bone & Joint Center today. Our board-certified and fellowship-trained orthopedic physicians can perform a thorough assessment and design an appropriate treatment plan for you. We take pride in providing compassionate and comprehensive orthopedic care for all our patients.
To schedule a consultation, dont hesitate to contact us at 424-2663 or fill out our online appointment request form. We have several locations in North Dakota to serve you. Give us a call today and let us help you move without limitation!
Problems When Applying For Disability Benefits
If you choose to apply for disability benefits by yourself, there are several problems you will face such as:
- Backlogs of unprocessed disability claims.
- An average five-month wait after filing a claim before receiving an answer on the initial claim, and almost a year of additional delays if the claim is appealed.
- Backlogs of disability cases awaiting review, with hundreds of thousands of cases coming up for review each year.
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Can You Get Disability For Arthritis In The Spine
If you have a spinal condition, such as arthritis of the spine, it can cause severe pain and limit your mobility. If arthritis in the spine has left you unable to work, you may qualify for disability benefits administered by the Social Security Administration .
If you have arthritis of the spine and you think you will be out of work for at least 12 months, get a free case evaluation today.
To qualify for Social Security Disability benefits, you must meet the criteria established for a listing in the Blue Book, which is a medical guide used to determine if an individual is legally disabled and meets the criteria for monthly benefits.
Do You Need Representation
Though initially designed to make it easy for people to represent themselves, it did not take long for attorneys and representatives to become involved in the disability process. Representation in a Social Security Disability case can be valuable since:
- Learning the details of the system can be difficult.
- Rules are increasingly complex.
- Experts know the details of the process.
- Experts may improve your odds of winning disability benefits.
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If You Need A Hip Replacement
Some individuals with severe hip pain face the possibility of a total hip replacement. While this procedure is 95% effective for those who have surgery, a small number of people face long-term continuation or worsening of the problem.
Hip replacements are specifically listed in the Social Securitys medical guide, often referred to as the Blue Book, under Musculoskeletal Section 1.03. Those people who have had reconstructive surgery of the hip and are unable to ambulate for a year after the operation would be considered disabled under the SSAs definition of disability.
These individuals must be incapable of sustaining a reasonable walking pace over a sufficient distance to maintain their activities of daily living. For example, if a year after your hip replacement surgery you have difficulty getting to work without the use of a walker, two crutches, or help from another individual, you might be considered for financial assistance from the SSA. Further, if you have trouble going to the grocery store or the bank without significant support, you are a likely disability candidate.
If it is determined that you do not meet a Blue Book listing for your disability you might still qualify for assistance through a medical-vocational allowance. Using a residual functional capacity assessment, the SSA will determine if your limitations are so severe as to keep you from being able to perform a job.
What Types Of Hip Problems Might Qualify For A Disability Award
The majority of hip disorders are relatively minor, and individuals who are affected by them typically face a quick recovery. While they may present discomfort, the Social Security Administration considers most hip disorders temporary or manageable. For example, individuals who have chronic pain due to osteoarthritis of the hip can often manage the pain through physical therapy and pain medication.
However, in some instances, the hip condition deteriorates, and the discomfort becomes so severe that the person affected loses the ability to function normally. Individuals with a chronic hip condition may face pain, limping, inability to bear weight, referred pain to other joints such as the knee, and reduced range of motion. Some hip conditions that may cause long-term problems include osteoarthritis of the hip, rheumatoid arthritis, and some hip fractures.
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Risks Of Hip Replacement Surgery
The risks of problems after hip replacement surgery are low. However, there can be problems following surgery. The most common problems that could occur include:
- The ball comes out of the socket. This is the most common problem that can happen soon after hip replacement surgery. It can happen if you are in certain positions, such as pulling the knees up to the chest.
- Swelling that cause special cells to eat away some of the bone, causing the joint to loosen. This is the most common problem that can happen later after hip replacement surgery.
- Infection.
- Difficulty standing and walking.
- Need for revision surgery.
If you have one of the above complications, you may not be able to work for over 12 months. If that is the case, the Social Security Administration applies their listing of disabilities to determine if you are eligible for benefits. In order to win benefits you can meet or equal a listing. However, keep in mind that it is very difficult to meet a listing. Each listing has several elements that you must prove in order to meet that listing and obtain benefits.
Also, keep in mind that the date your benefits begin is tied to your application for SSD benefits and SSI benefits. With SSD benefits, you can obtain benefits one year prior to the date of application, as long as you were not working due to disability. As for SSI benefits, they begin the day you apply and not before that date.
The Next Steps To Take
Statistically, your best chance of having a Social Security Disability case approved because of arthritis comes during your hearing before an Administrative Law Judge.
During this hearing, you will be allowed to have representation, and will also be allowed to make your case in person regarding why your arthritic condition keeps you from being able to work. You will also be allowed to bring witnesses who can testify on your behalf regarding the effects your condition has had on your ability to work.
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Do You Still Have A Knee Cap After Knee Replacement
The back of the knee cap may also be replaced, depending on the reasons for replacement. The wound is closed with either stitches or clips and a dressing is applied to the wound. In rare cases a splint is used to keep your leg immobile, but youre usually encouraged to move your knee as early as possible.