You can get disability for a knee replacement surgery. However, to qualify, your knee-related disability must meet strict criteria. A Social Security Disability lawyer can review the details of your situation and determine if you qualify for benefits. If you’ve already applied for disability benefits and have been denied, an attorney can also review the reason for your denial and assist you with filing an appeal. Below is an overview of when a knee replacement may qualify for disability benefits and how legal representation may assist. When You Can Get Disability for a Knee Replacement
The Social Security Administration (SSA) evaluates knee replacements under Listing 1.17, which covers reconstructive surgery on a major weight-bearing joint like a knee, hip, or ankle. To qualify under this listing, you need documentation showing you can’t walk on your own without an assistive device that requires both hands to use, such as a walker, crutches, or a wheelchair. Your limitations also have to last. To get benefits, the SSA requires that your knee condition has kept you from working for at least 12 months, or is expected to do so. You don’t have to sit and wait a full year before applying. If your doctor expects your recovery to take 12 months or more, you can file now. If your knee problems don’t meet the official requirement but still prevent you from working, you may still have options. Depending on your situation, you may qualify for a medical-vocational allowance. A lawyer can review all your options, explain if you can get disability for a knee replacement, and pursue the benefits you deserve.For a free legal consultation, call (800) 562-9830
Evidence You Need To Get Knee Replacement Disability Benefits
The SSA requires medical evidence to support a disability claim based on a knee replacement. You need strong evidence to file a successful claim. Your attorney will gather and organize the following types of evidence to get the best outcome possible for you:- Surgical records from your orthopedic surgeon
- X-rays, MRIs, CT scans, and other types of diagnostic imaging
- Notes from treating physicians documenting your need for a walker, wheelchair, or other assistive device
- Proof of complications affecting your recovery
What if You Didn’t Recover From Your Knee Replacement?
Most people bounce back from knee replacement surgery within a few months. However, some people experience complications like infection, chronic pain, and loss of flexibility. Others struggle with their implant loosening from the bone. These complications can drag your recovery out far past the normal timeframe. Some patients also need a second surgery, called a revision. This surgery can add even more months away from work and your daily activities. Knee replacement patients who experience failed recoveries may also be eligible for benefits. An attorney can meet with you to discuss your unique situation and file a strong claim. Meet with a lawyer today to find out if you can get disability for a knee replacement and get the representation you deserve.How an Attorney Can Help
Securing disability benefits is 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. The 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. A lawyer will free you from the stress and anxiety of deadlines like these. They’ll take charge of the application and appeal process so that you can focus 100% on recovery. They’ll help you obtain and organize the medical records you need to get benefits. Your lawyer will also coordinate with healthcare professionals to document the full extent of your impairment for the SSA. In the case of a denial, your attorney will act as your representative at the hearing before an Administrative Law Judge. Additionally, your lawyer will work with vocational and medical witnesses who will give testimony and evidence on your behalf. If it comes to it, your attorney will take your case to court to get disability for your knee replacement.Meet With a Trusted Disability Attorney
If your knee replacement has left you unable to work, don’t try to handle your claim alone. At Marc Whitehead & Associates, disability law is all we do. Our firm has 120 years of combined experience helping people get the disability benefits they paid for, and our 2,500+ five-star reviews show it. Marc Whitehead is double board-certified in both Social Security Disability law and personal injury trial law, a distinction few attorneys in the country hold. We work on a contingency basis, so there are no upfront fees, meaning you don’t pay unless we win. Schedule a free consultation with us today to find out if you can get disability for a knee replacement and get started on your case. We can discuss your situation over the phone or Zoom if you are unable to make it to our office.Call or text (800) 562-9830 or complete a Free Case Evaluation form
