Osteoarthritis Disability Lawyer in California

Osteoarthritis: Understanding the Condition and Your Disability Benefits

According to the Centers for Disease Control and Prevention, if you suffer from painful, stiff, and swollen joints in the hands, knees, hips, and back, you may be among the almost 33 million adults with osteoarthritis. There are many reasons for the development of the disease, but overuse or injury of a joint is one of the leading causes.

Osteoarthritis as a disability condition can become more severe and pronounced over time. Eventually, it can become severe enough to prevent you from working and earning a living. If that occurs, you should consider applying for Social Security disability for osteoarthritis through the Social Security Disability Insurance and Supplemental Security Income programs from the Social Security Administration.

If you have already applied for disability benefits and you’ve been denied osteoarthritis disability benefits through SSDI or SSI, it’s easy to be discouraged and want to give up. The disability lawyers at Sackett and Associates have devoted almost 50 years to successfully fighting for the rights of people throughout Northern California and nationwide to receive disability benefits even after their claims were denied by the Social Security Administration.

The challenge when claiming disability for osteoarthritis through SSI or SSDI is understanding the medical documentation and eligibility criteria needed to prove that you are disabled. The following information explains what it takes to prove disability claims for osteoarthritis.

Telltale Signs You May Have Osteoarthritis

Osteoarthritis affects millions of people and is the most commonly diagnosed form of arthritis. If you have the disorder, you will have damage to protective cartilage in your joints, including hands, hips, and knees. The cartilage that cushions the ends of the bones of a joint wears down, causing symptoms that may include the following:

1. Painful joint that may be especially bothersome when moving it.
2. Joint stiffness, especially after a period of inactivity.
3. Swelling in and around a joint during and after use.
4. Joint feeling loose or unstable.
5. Difficulty moving a joint.

Depending upon the severity of the symptoms, osteoarthritis can limit your ability to continue working. Osteoarthritis is a degenerative disorder that cannot be reversed. Time does not allow a damaged joint to repair itself. It only worsens with the cartilage eventually wearing to the point that bones of an affected joint wear against each other.

Is Osteoarthritis A Disability, And Can It Be Treated?

A number of treatment options can relieve the pain and discomfort of osteoarthritis, including:

1. Medication to relieve pain.
2. Oral or injected steroids to reduce inflammation.
3. Exercise and physical therapy.

If you experience symptoms and believe you may have osteoarthritis, make an appointment to be examined by a physician who will diagnose and document your medical condition. Your medical records will include the treatment your doctor prescribes and document that you followed the course of treatment.

Proof that you took medication and did the other elements of a treatment plan prescribed by your doctor is essential to qualify for disability benefits through SSDI and SSI for osteoarthritis. The Social Security Administration can deny osteoarthritis disability eligibility unless you document that your medical condition failed to improve with treatment as prescribed by the medical professional treating you for it.

Osteoarthritis And Disability Qualifications Through SSI And SSDI

If you cannot work because of a disability, you must satisfy financial and medical requirements to qualify for disability benefits. The medical requirement is the same for applicants applying for SSDI and for adults seeking SSI, but there are different financial requirements for each of the programs.

Eligibility for SSDI depends on having a work record at jobs or through self-employment where your earnings were subject to payment of Social Security taxes. SSI is a need-based program that does not require a work history. Instead, you must have resources or assets valued at no more than $2,000 as an individual or $3,000 for eligible couples, and there are limits on how much income you may receive each month from work or other sources.

The definition of disability Social Security uses to determine eligibility for SSDI and SSI requires documentation of a medically determinable physical or mental impairment preventing you from doing substantial work activity. The impairment or impairments must be expected to last for at least one year or result in death.

How Does Social Security Determine Osteoarthritis Disability Eligibility?

The Social Security Administration created a guide for use by its disability claim examiners. A listing of disabilities, called the Blue Book, contains medical conditions severe enough to meet the disability definition used by the SSA. It also lists the medical criteria an application for disability benefits must document for a claim to be approved.

Although the Blue Book does not specifically include osteoarthritis as an impairment, you could be approved for SSDI or SSI if your condition is the functional equivalent of a listed impairment. For example, you may have symptoms matching those included in section 1.15, disorders of the skeletal spine resulting in compromise of a nerve, or your symptoms may match those of section 1.18, abnormality of a major joint(s) in any extremity.

Sackett Law Can Help with Your Disability Claim

Disability claims for osteoarthritis that do not meet or equal a listing impairment may qualify for benefits. A Sackett Law has decades of experience making it possible for people with osteoarthritis and other disabilities in Northern California and throughout the United States to obtain disability benefits. Contact Sackett Law today for a free consultation and claim evaluation to learn how we can make a difference for you.