Get Social Security Disability SSDI For Bad Knees, Knee pain, Torn Meniscus: Use a lawyer to improve your chances

I am a former social security examiner who has reviewed knee disability cases over many years and understand the important information needed to evaluate claims. Applying for disability can be a very confusing,  time consuming and frustrating experience. My  brand new ebook (updated for 2016), “How To Get Disability For Knee Problems” is available as an instant download and can answer all of your questions regarding getting benefits for knee problems. There is no other book published that focuses specifically on knee problems and disability.

Social security defines disability as an inability to engage in substantial gainful activity(work) due to a medical impairment. 
In addition, you must  have a severe impairment which must last at least 12 months. Applications can be obtained at your local social security office or online at www.socialsecurity.gov. The phone number for social security is 1-800-772-1213.

Regardless of the cause of your knee pain, whether it is due to osteoarthritis, rheumatoid arthritis, an old injury, a torn meniscus or cartilage, fracture of the knee or knee replacement surgery, the main issue the state considers after reviewing all your medical evidence is how long you can stand and walk over an 8 hour period and if a medical device such as a cane is needed for pain and balance. This is the critical question social security wishes to answer when making a decision as to whether one can get disability benefits.

  The knee is the largest weight bearing joint in the body and the most prone to injury than any other joint. Serious injuries often lead to a torn meniscus, torn ligaments or fractures.  In addition,  the development of arthritis is a very common complication often seen in overweight individuals or simply due to age and wear and tear of the joint.  Arthritic changes produce inflammation in the joint resulting in a loss of protective cartilage which acts a cushion leading to bone rubbing on bone causing pain.

 Social security considers your age, level of education and past employment history when evaluating a claim. The decision as to whether you are allowed or denied benefits is made by doctors and disability specialists at the state disability office after they review your entire medical record. After reviewing this information they complete a form called an RFC which stands for residual functional capacity. Basically, this states what you are able to do over an 8 hour day in terms of how many pounds you can lift,  how long you can stand and walk and if a cane is needed for balance.

Initially, the state will attempt to gather all the medical information from your doctors, but if this evidence is lacking or insufficient, you will be asked to have a general physical examination called a CE  that stands for consultative examination which is paid for by the state. If you fail to appear for this examination you will be automatically denied benefits.

During the examination, the doctor will observe the manner in which you walk whether it is normal or limping as well as  evaluate the strength in your legs and check  the range of motion of your knees. He will then give his assessment as to how long you can walk over a full  working day. Generally, the state’s decision as to granting an allowance is somewhat complicated depending on several factors such as  your age, level of education and past work history. Younger individuals under 50 years of age require stricter limitations while those over 50 may be granted an allowance with milder limitations, but again level of education and past occupations are considered when making a decision.

The degree of pain is considered in making an evaluation as to how it affects your ability to walk. There is a form provided by the state which allows you to report how pain affects your ability to perform daily activities such as preparing meals, shopping, banking, and doing household chores. Pain in the knees can affect one’s ability to function in a very significant way. Often those with persistent disabling pain will  frequently experience depression and anxiety. Therefore, if one should have these symptoms they should also be included when applying for disability.

It would be of great value if your doctor would write a letter stating his reasons why your ability to walk is limited over an 8 hour day and if a cane is medically required. . No one is more capable of giving an opinion as to how pain has affected  your ability to walk  than your treating doctor. The state often gives great weight to his professional judgement.

If your claim is denied  you can reapply.  It is important that you not delay and  should reapply within 60 days.  If you are still denied, you can asked to have an administrative law judge called an ALJ  review your medical record after which he will give his decision as to whether you are allowed or denied benefits.

There are certain social security rules which the general public is unaware of when applying for disability. These social security rules plus other important information are gone over in great detail in my Ebook for instant download.

         THE ADVANTAGE OF USING AN ATTORNEY 

Using an attorney familiar with disability cases can be crucial in improving  your chances of receiving an allowance since he is familiar with the complex issues involved.  It is a great mistake for  individuals  to represent themselves. Lawyers have the knowledge and experience  to assist you from filling out paperwork to handling appeals. He can also help obtain evidence from individuals such as your treating doctor to strengthen your claim. In addition, he can prepare you for questions the administrative law judge may ask you regarding your medical problems.  Because the majority of cases can take up to six months to resolve, he can often shorten the time needed by the state to make a decision and improve your chances for approval on your initial application since over 70% of those applying are denied.

The state is very specific  concerning your ability to stand and walk  over an 8 hour work day. They wish to know the following: can you stand and walk for 6 out of 8 hours or are you limited to standing and walking for only 2 out of 8 hours or extremely limited to less than 2 out of 8 hours.  In addition, they question whether a cane is needed for pain and balance. Also,  your age, past occupations and education is also factored in when making a decision. Finally,  it must be stressed that you should attempt to obtain all your medical records as soon as possible to avoid a delays. Due to the importance of obtaining these records your lawyer can help considerably.