Joint Replacements – a Qualifying Disability

by | Dec 17, 2014 | Lawyer

As people age, their joints can experience a multitude of issues. These issues can cause light to severe pain or stiffness in the joints, swelling, and reduced range of motion. Muscle atrophy around the afflicted joint soon follows which can make matters even worse. Eventually some joint dysfunction disorders can cause enough pain and limited movement that it renders the individual unable to work. Joint replacement can definitely be a qualifying disability which entitles you to SSDI (Social Security Disability Insurance) benefits if certain criteria are met. The SSA (Social Security Administration) will automatically grant you disability benefits if you’ve had a recent replacement surgery of a major weight bearing joint, meet all required criteria under their disability listing, and you are unable to work for at least one year (the same as all other disability claims) as a result.

Hip joint replacement is a common surgery which many people choose to undergo each year. It involves removing pieces of the hip joint and then synthetic parts are utilized in their stead. Bilateral hip replacement is when this surgery is performed on both hips simultaneously, and is much rarer. The number one cause of chronic pain within most joints is one of the two major types of arthritis: osteoarthritis or rheumatoid arthritis. These conditions are the primary reason why people choose to have reconstructive surgery and joint replacements. Osteoarthritis is the general wear and tear of cartilage which can lead to degenerative joint issues. Rheumatoid arthritis is an autoimmune disease which causes the immune system to attack the membrane located around various joints, which results in inflammation and swelling as well as a slew of other symptoms.

Most joint replacement surgeries are typically successful and the patients are able to return to work in less than 12 months unless something went wrong. Major reconstructive surgery however, such as bilateral hip replacement, can leave you with limitations which might qualify you to receive benefits. In this case, the specific criteria you must meet would be proving you have an inability to walk effectively enough to work. The SSA would check your residual functional capacity (RFC or what you are still capable of doing despite your impairments) and compare your limitations to the criteria found in their disability listing called “Reconstructive Surgery of a Major Weight Bearing Joint.” They may find you are unable to return to your previous level of work, but you might be suitable for sedentary work. However, sedentary work can require walking or standing for up to two hours a day and you may be able to argue to an ALJ (administrative law judge) at your disability appeal hearing that you are unable to perform sedentary work consistently.

Even though you were denied benefits twice from disability examiners, making a sound argument to an ALJ at your appeal hearing is a proven method of attaining benefits. Choosing to hire an expert disability attorney, like the ones found at website, to represent you at the hearing can make all the difference. They will have the experience and strategies needed to make the strongest case possible. You can also visit their Youtube channel for more informational videos.

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