Denied Disability For Arthritis Dont Give Up Hope
The majority of people who suffer from chronic and debilitating arthritis are denied benefits at first. This often true even for those are clearly disabled by their arthritis. The sad reality is that the majority of claims have to be brought before an Administrative Law Judge at a hearing, where you will be made to testify in what many describe to be a nerve-racking process.
If your Social Security Disability claim was denied, our legal team at Nolan & Shafer, PLC wants to help. We can prepare the medical evidence in your case and help you prep for the hearing so you feel confident in your ability to answer any questions that might come up during the hearing. We are not like many nationwide and large firms in that we will assign you one attorney to work with from start to finish of your case. You wont be shuffled around or passed off at any point! Consultations are also free until we win your case!
Contact us onlinetoday or give us call at to learn about the legal services we offer in Muskegon and surrounding areas.
Increasing Your Chances Of Being Approved
Even if you have severe osteoarthritis that causes difficulty walking or using your hands, Social Security will still probably deny your initial application. Social Security only awards about 38% of applications at the initial level. But here are some tips to improve your chances of getting approved:
How To Qualify For Benefits From Arthritis As A Back Problem
One of the most common osteoarthritis afflictions is when it attacks the spinal vertebrae. To meet the SSAs spinal listing requirements, you have osteoarthritis diagnosed in your spine, as well as:
- An inflammation of the membrane which covers spinal cord nerves. This issue would require you to change positions twice or more every couple of hours
- Limiting the motion of the spine due to compression of the spinal nerve root causing problems with walking and bending
- Compression of the spinal canal in the lumbar area causing walking to be extremely difficult
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Applying For Arthritis Social Security Disability
When applying for disability, Social Security will evaluate the severity of your arthritis. Arthritis is a common condition that typically refers to joint pain. The more common types of arthritis are degenerative arthritis and inflammatory arthritis. The major difference between degenerative arthritis and inflammatory arthritis is how they are diagnosed. Degenerative arthritis is typically diagnosed using imaging such as X-rays, MRIs or CT-Scans. While inflammatory arthritis is usually diagnosed through blood testing. Either condition can affect any of the joints in your body.
Arthritis is typically diagnosed first by a primary care physician and then confirmed by either a rheumatologist or orthopedist. If you suffer from a form of degenerative arthritis you more than likely will be treating with an orthopedist or orthopedic surgeon. For example, if you have degenerative arthritis in your spine, knees or hips, you may require joint surgery and possibly a joint replacement. If you are suffering from inflammatory arthritis you will typically be treated with a rheumatologist.
Musculoskeletal System Disorders Eligible For Ssdi
The Social Security Administration maintains a listing of conditions that can qualify the sufferer for disability benefits. The first entry in the Listing of Impairments, also referred to as the Blue Book, is Musculoskeletal System Disorders. The musculoskeletal system is made up of your bones, muscles, cartilage, tendons, ligaments, joints, and other connective tissue. We place stress on the components of the musculoskeletal system daily, particularly if our work is physically demanding. This likely explains why more SSDI claims fall into these diagnoses than any other category:
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Need Help Filing A Disability Claim
Dayes Law Firm is here to help. We know how difficult it may be to obtain initial approval for benefits, which is why we are also prepared to proceed with an appeal on your behalf if it is necessary. A consultation is 100 percent free and confidential with no obligation to have us represent you.
If you have a valid claim and decide to move forward, there are no upfront fees for our services. We only get paid at the end of the claims or appeals process if we help you obtain disability benefits.
Talk to a lawyer today:
Is Arthritis Considered A Disability By The Canadian Government
Arthritis is a dynamic physical disability with over a hundred unique types of arthritis that have been discovered. The pain ranges in severity, and can be localized to specific spots on the body, such as the back, neck, hip, knees, or feet. At its worst, symptoms of arthritis can become chronic, resulting in constant discomfort.
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Blue Book To Assess Impairments
SSA has prepared a list of impairments and gathered them in the Blue Book, for their disability examiners as a reference guide. This detailed list provides quick guidance for a review by the examiner to assess if your particular set of limitations is so severe that your work history, age, and education do not have to be considered in a disability determination. Each diagnosis listed must be accompanied by certain findings for the diagnosis to meet the listing and allow approval based on the listing.
SSA recognizes inflammatory arthritis could qualify as a disabling disease if it is accompanied by the following findings.
- Deformity or swelling of an ankle, knee, or hip joint with:
- At least two of the following symptoms: fever, loss of weight, fatigue, or a general feeling of discomfort
- At least two organs or systems affected with one being moderately involved
Spondyloarthropathies or Ankylosing Spondylitis .
Whats The Difference Between Social Security Disability And Long
Long-term disability provides a portion of your salary typically 40 to 60 percent of your base salary, depending on the plan while youre disabled. How long you can receive these payments also varies by plan, ranging from just a few years to until you reach retirement age.
Its possible to receive LTD and Social Security disability benefits at the same time. In fact, some LTD companies actually require you to apply for Social Security benefits. However, if youre approved for Social Security disability benefits, it may offset your LTD benefits. If you were receiving $2,000 from LTD and you get $1,000 from Social Security, for example, your LTD company could cut its payment to $1,000 to offset the benefits you receive from the SSA.
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Medical Conditions That Qualify For Disability Benefits
You may be wondering what are the medical conditions that qualify for disability? And is my diagnosis on that list? We give a list of medical conditions below, but as you will learn, any medical condition can potentially qualify for disability benefits. The focus is always on the extent of the disability caused by your medical condition. And whether the extent of your disability meets the requirements for various disability benefits plans and programs. This article lists common disabling conditions. I then review the eligibility criteria for the most common disability benefits. So, you can know if your medical condition can qualify for benefits.
In One Study 35 Percent Of People With Ra Had Stopped Working 10 Years After Their Diagnosis
Its probably not something you want to think about, but if you have rheumatoid arthritis or another form of disabling arthritis, there may come a time when you need to apply for Social Security disability benefits. And that day might come sooner than you think: In one study, 35 percent of people with RA had stopped working 10 years after their diagnosis.
The decision to stop working can be one of the most difficult and emotionally charged ones youll ever make, says David Wayne Smith, D.ED., DABPS, FACFEI, director of the Disability Assessment Research Clinic at the University of Arizona Health Sciences Arthritis Center and a past president of the Association of Rheumatology Health Professionals. But if you continue to work when you shouldnt, you may be placing yourself at physical and emotional risk.
The process of attaining disability benefits can be challenging. The Social Security Administration has strict standards you have to meet to qualify, and you and your doctor are expected to provide a lot of information to prove you can no longer work.
We asked experts who know the system inside and out to answer common questions people with RA have about applying for Social Security disability benefits and how to improve the odds that a disability claim will be approved.
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S To Take In Order To Qualify
To determine whether a person qualifies for Social Security Disability because of arthritis, the SSA uses the following steps:
The SSA first determines whether you are currently working. If you are gainfully employed , you will be disqualified for Social Security Disability based on your demonstrated ability to perform substantial gainful activity.
To qualify for Social Security Disability Insurance , you will need to have enough work credits. These are earned by working and paying Social Security taxes. Typically, if you have worked five of the last ten years, you will have enough work credits. Depending on your age, there are a specific number of credits you must have to qualify for SSDI.
If you do not have enough work credits, but your income and assets are limited, you may be eligible for Supplement Security Income . SSI is meant for those of extreme financial need, so you must have less than $2,000 in assets . SSI is based on household income, so your spouses income will be considered when the SSA is determining if you are financially eligible.
Medical Requirements For Disability Benefits With Arthritis
The SSA determines whether your arthritis is severe enough to hinder you from performing physical activities commonly required for working. These activities may include such things as:
- sitting or standing
- kneeling or walking
- lifting and use of fine motor skills
Building Your Arthritis Ssdi/ssi Claim
Your SSDI or SSI claim for arthritis will only be approved if the SSA and the Pennsylvania Bureau of Disability Determination find enough evidence that you have adisabling condition. You and your doctor will need to provide detailed medical records, documents, andevidence to show that you have arthritis and that it is impacting your ability to work.
At Handler, Henning & Rosenberg LLC, our goal is to build clear and compellingSocial Security Disability claims that offer our clients the best opportunity at an approval. We can also handle requests for reconsideration or review, as well as fileappeals in court. In all of these cases, we will be working to prove that your condition qualifies you for benefits. Fortunately, our Pennsylvania disability lawyers have extensive experience and the resources to make a difference in even the most complex arthritis claims.
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Residual Functional Capacity Analysis
The SSA also looks at how your arthritis is preventing you from carrying out daily activities that would be required in a work environment. Actions such as your ability to stand and walk for long periods, lift heavy objects, bend, or kneel are assessed by the SSA from your medical records and RFC form. Read more in our story How to File for Residual Functional Capacity.
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.
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Is Degenerative Arthritis An Eligible Social Security Disability
If you have degenerative arthritis, also known as degenerative joint disease and osteoarthritis, you might qualify for benefits through one of Social Securitys two disability programs, Social Security Disability Insurance and Supplemental Security Income .
Degenerative arthritis can affect any jointthough it most often appears in the neck, hips, knees, lower back, and handsand if severe enough, it can prevent you from working and earning a living. The condition, which can be brought on by both genetic and lifestyle factors, causes pain, stiffness, reduced mobility, and restricted joint motion.
Any of these symptoms can limit your functional capacity, which makes degenerative arthritis an eligible Social Security disability.
Quick Answer: Can I Get Disability For Arthritis In My Hands
No matter where you develop arthritis, whether in your hands, feet, knees or back, if you have medical evidence to support your claim, you may be eligible for disability benefits. You will also need to meet financial requirements to qualify for disability benefits.
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Qualifying For Disability Based On Your Limitations
If you have osteoarthritis but you don’t meet the criteria under any of the listings discussed above, the Social Security Administration will look at your “residual functional capacity,” or “RFC.” Your RFC assessment is used by the SSA to determine what kind of work you’re still capable of doing despite the limitations thatyour arthritis causes.
Lower extremity arthritis. If your arthritis affects your legs or your spine, you’re probably limited in walking on uneven surfaces, climbing, and/or squatting. In this case, your RFC assessment may limit you to no more than sedentary work. Sedentary work is mostly sit-down workwork where you don’t need to lift more than ten pounds at a time and the work is done mostly seated. However, up to two hours a day of walking or standing may be required for sedentary work, so if you have severe enough trouble with walking because of your arthritis, you may not be able to perform even sedentary work.
Upper extremity arthritis. If you have osteoarthritis in your shoulders, arms, or hands, your RFC assessment may restrict you from doing work that involves lifting, reaching, typing, writing, or grabbing. This would make it difficult to do many jobs, even sedentary jobs.
If you can’t many types of sedentary work, the SSA should find you disabled. For more information, see our article on proving you can’t do a full range of sedentary work.
Specific Requirements For Osteoarthritis
Generally, with regard to musculoskeletal conditions, Social Security states, “Regardless of the cause of a musculoskeletal impairment, functional loss for purposes of these listings is defined as the inability to ambulate effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment, or the inability to perform fine and gross movements effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment.”
People with degenerative osteoarthritis qualify if they have significant limitations while using hands or arms, or while standing or walking. People with back or neck osteoarthritis must have persistent sensory, reflex, and motor loss as well.
For more information about qualifying for disability benefits for osteoarthritis, consult a support group for patients and see if they have any professional resources available to you or members who’ve successfully completed the disability process.
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What Medical Conditions Qualify For Disability Benefits
Any medical condition can qualify for disability benefits. Generally speaking, most disability benefits programs in Canada do not give benefits based on a medical diagnosis. Rather, they provide benefits based on the level of disability caused by the medical condition. So the focus will always be on the level of disability caused by your medical condition, rather than only the name of your medical condition or diagnosis. To qualify for benefits, you must show that the level of disability from your medical condition meets the eligibility criteria of the disability benefits plan in question.
Following is a list of common medical conditions that qualify for disability benefits. For each of these conditions we discuss the unique challenges you will face.
Does Arthritis Qualify You For Social Security Disability
Many workers experience painful health problems that make it extremely difficult for them to hold down a full-time job. When the condition is serious enough to prevent them from working, they may be eligible to apply for Social Security Disability benefits. These benefits are provided by the Social Security Administration to workers suffering from certain injuries and illnesses that have been recognized as disabling.
While many may focus on serious illnesses such as cancer or heart disease when they think of disabilities, people may not know that arthritis is the most common cause of disability. According to the Centers for Disease Control, arthritis impacts roughly 50 million adults. The National Health Interview Survey determined that those with arthritis frequently show limitations in their ability to perform tasks at work.
However, this does not necessarily mean an individual will be eligible to receive SSD benefits. The SSA will only permit benefits if an individual is disabled and can meet the criteria established by the agency.
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Does Arthritis Qualify Me For Disability Benefits
Arthritis is included in the Social Security Administrations Blue Book listing of disabling conditions, and is addressed mostly in Section 1 under paragraph 1.02 ), and paragraph 1.04 . Many other types of arthritis are listed in Section 14 under paragraph 14.09 . You do not necessarily need to meet a listed impairment in order to be approved for benefits, though.
Simply being diagnosed with arthritis, by itself, will often not qualify you for disability benefits, unless it is severe enough, which the SSA will decide by looking at your medical records and other evidence. Because, at the end of the day, what the SSA generally cares about most is whether or not your arthritis meets certain requirements, including:
- That it rises to the level of a severe impairment, meaning it impacts your ability to do work
- That it, combined with any other impairments you may have, prevent you from sustaining work
- That it has affected you, or is expected to affect you, for at least one year .
If that is the case, then you may very well qualify for monthly disability benefits.