Yes, it is possible to receive SSD and SSI benefits due to a disability resulting from knee replacement surgery. To qualify, your knee-related disability must meet strict criteria. For example, not only must you be unable to work at this time due to your knee disability, but you must have been out of work for at least 12 months and counting following the joint knee replacement surgery. You must ALSO have documentation to show that you are unable to walk without assistive devices, such as a walker, two canes or two crutches, or a wheelchair.
Marc Whitehead and Associates have successfully appealed claim denials on behalf of clients.
Securing disability benefits can be notoriously difficult. Deserving candidates often have their initial applications denied without legitimate cause. This is where an accomplished disability benefits attorney can make all the difference. People who had reconstructive surgery on a weight-bearing joint such as a knee, ankle, or hip, and who are now, 12 months later, still unable to walk or work.
If you did not recover from your knee replacement surgery, your knee condition could qualify you for disability benefits. Even if your claim has been denied, there are still legal avenues open to you to claim the benefits you rightfully deserve. Without an attorney with years of experience navigating this process, your chances of success are diminished. This may not be fair, but it is simply the reality of working within an imperfect system. However, the SSDI system is in place to help post-surgery patients with long-term disabilities. Let us help you take fair advantage of what the system has to offer. Reach out to us today via phone or our website for a free consultation. We strive to make this entire process as easy for you as possible, and there is no need for you to ever make an office visit.
How Our Attorneys Can Help
The Social Security Administration (SSA) has strict rules that need to be followed in order for a claim to be accepted. In many cases, for example, you will only have 60 days to appeal a claim denial. Our attorneys will free you from the stress and anxiety of deadlines like these. We’ll take charge of the application and appeal process so that you can focus 100% on recovery.
We’ll help you obtain and organize the medical records you need to get benefits. We’ll coordinate with healthcare professionals to document the full extent of your impairment for the SSA. In the case of a denial, we’ll act as your representative at the hearing before an Administrative Law Judge. We’ll recruit respected vocational and medical witnesses to give testimony and evidence on your behalf, and we’ll fully prepare you to be a good witness for your own side. We are fully prepared to take your appeal case to federal court, if necessary.
Contact us for a free consultation. We serve clients nationwide.
If your injury does not meet the official SSA definition for impairment, but still prevents you from working, you may be able to obtain a medical-vocational allowance based on functional limitations. A social security disability lawyer can provide guidance on whether your injury matches the criteria for a medical-vocational allowance – and how to obtain the required documentation to prove it.
For a free legal consultation, call 800-562-9830
Evidence Required to Prove a Social Security Disability Insurance Claim
Evidence for an SSDI claim based on knee replacement surgery may include:
- Surgical records from an orthopedic surgeon
- X-rays, MRIs, CT scans, and other diagnostic imaging tests
- Notes from treating physicians, including the requirement of canes, crutches, or wheelchairs; pain related to movement; or lack of ability to travel without assistance
- Proof of infections or other complications from surgery that are affecting or preventing your recovery
- Whether you can walk, bend down, or climb stairs without assistance
Knee surgery can seriously impact your ability to stand, walk, or lift objects. These limitations to your “residual functional capacity” (an official SSA term) can keep you out of work permanently. If you’re incapacitated after a medical procedure on your knee or other joints, you have a right to receive benefits.
If your SSDI claim was rejected (as most are), we can examine why and help you to win on appeal. Contact Marc Whitehead & Associates for a no-cost consultation. We work on a contingency fee basis, so there are no upfront legal fees. We accept clients nationwide.
Call or text 800-562-9830 or complete a Free Case Evaluation form
