Osteoarthritis is the most common form of arthritis. Arthritis has the highest approval rate for disability benefits. But does that mean securing SSDI osteoarthritis will be easy?
Sadly, that’s rarely the case.
The Social Security Administration (SSA) has strict eligibility criteria that claimants must meet. Even if you have osteoarthritis, that doesn’t guarantee you qualify for disability benefits.
About 80% of claimants get denied in their first application.
While persistence is key and appealing is a good option, wouldn’t you prefer to win your case from your initial claim?
No extra paperwork, no hearing before a judge, and no more waiting to receive your monthly checks. You can enjoy a stress-free process and win your case without losing peace of mind.
In this article, our disability law firm in Indianapolis will explain how working with an attorney can smooth your disability benefits journey. We’ll also share all the info you must know before filing a claim for osteoarthritis to ensure success.
Is It Easy To Obtain SSDI for Osteoarthritis?
To secure Social Security Disability Insurance (SSDI) for osteoarthritis or any other health impairment, you must apply and wait for the SSA to review your case.
In your application, you must submit proof (medical evidence, test results, exam findings, etc.) that supports your disability.
You must also answer an extensive questionnaire with disability-related and personal questions.
All that paperwork will help the SSA determine if your health condition is disabling.
What exactly does that mean? If your osteoarthritis is not severe enough (or you fail to prove it), you won’t be granted benefits. To be eligible, your osteoarthritis must prevent you from working and supporting yourself.
Most Typical Work Restrictions Due to Osteoarthritis
Osteoarthritis can cause joint pain, stiffness, inflammation, and loss of flexibility. When symptoms become severe, they can impact your ability to work or perform some of your job duties.
How much osteoarthritis affects your work activities depends on how advanced the condition is. Therefore, the question “Is osteoarthritis a disability?” is current in SSDI claims.
Osteoarthritis symptoms can result in physical and functional limitations:
- Physical Limitations: Difficulty standing, walking, and lifting or carrying heavy obtests,
- Functional Limitations: Chronic pain or stiffness affecting manual mobility. Challenges performing repetitive motions.
These limitations may require workplace accommodations and job modifications, but still, in the worst cases, the patient may be unable to continue their current employment.
The degree to which osteoarthritis hinders workability determines eligibility for long-term disability benefits.
Through medical evaluations and proper documentation, an experienced disability attorney can prove an individual’s osteoarthritis disability and help them secure SSDI.
Types of Osteoarthritis: Which Ones Qualify?
Generally, osteoarthritis is divided into two major categories: primary and secondary.
- Primary Osteoarthritis: This is the most common type, and its effects are generalized – it impacts fingers, thumbs, hips, knees, and spine.
- Secondary Osteoarthritis: This type of osteoarthritis results from a preexisting joint issue or abnormalities caused by another disease, trauma, injury, or infection.
Both types of osteoarthritis qualify for Social Security disability benefits. They have the same eligibility requirements we outlined in the previous section.
What Type of Social Security Disability Benefits Can I Get for Osteoarthritis?
When it comes to which benefits you can get, if you have osteoarthritis, you can apply for SSDI and Supplemental Security Income (SSI).
Both programs fall under the same category of government programs developed to aid individuals who can no longer work due to a medically proven health condition.
SSDI and SSI offer monthly payments and medical insurance—Medicare for SSDI and Medicaid for SSI.
While both programs offer similar benefits, each is meant to help different groups of people. Therefore, their claimant eligibility criteria differed.
- SSDI: To qualify for this program, you must have earned enough work credits through your work history and SSA taxes.
- SSI: This program aims to assist individuals with low or no income and resources who don’t have sufficient work rights to qualify for SSDI.
The rest of the eligibility criteria for SSI and SSDI osteoarthritis are the same as those for SSDI arthritis.
6 Ways an Experienced Disability Law Firm Can Help You Secure SSDI for Osteoarthritis
Your chances of winning disability benefits significantly improve when you have a legal professional fighting for your case.
Disability attorneys do much more than provide legal advice and represent you at hearings. These professionals perform a wide range of tasks in order to enhance your claim and help you secure the benefits you deserve.
Let’s delve into the main tasks of professional disability attorneys and how they can benefit you:
Talking With Your Healthcare Providers To Access Medical Records
To win any disability case, you need medical evidence that supports your claim.
Requesting medical records from clinics, hospitals, and healthcare professionals may seem easy, but that’s not always the case.
Some healthcare providers or clinics are not as responsive as you wish. When filing an SSDI claim, time is key; even a minimal delay can make you miss a deadline, compromising your case.
Disability attorneys know how to approach physicians correctly and have the contacts to smooth out the process.
We can deal with healthcare providers and request your medical records, so you get to cross this tedious and complex task off your to-do list.
Assembling Up-to-Date and Relevant Medical Evidence
One of the leading reasons why many applicants face reception is because they fail to collect up-to-date and relevant medical proof.
Every piece of medical evidence you submit with your claim must support that you have a qualifying disability.
The evidence must come from valid sources (licensed healthcare practitioners) and be as recent as possible.
Additionally, medical proof must complement and reinforce your testimony. In other words, it has to show your impairment is severe, hinders your ability to work, and is expected to last at least 12 months.
Filing The Claim or Appeal for You
Regardless of which part of the process you are in, a disability lawyer can jump in at any point to help you strengthen your case.
Whether you are just starting this journey and must file a claim, or if your initial claim was denied and you must request an appeal, an attorney can handle both processes for you.
You don’t have to worry about figuring out which paperwork you must fill in, what documents to submit, or stressing about not missing important deadlines.
Instead, you can fully focus on your recovery treatment and spend your time with your loved ones.
Writing a Persuasive Claim Brief that Improves Your Chances of Winning
The Social Security disability attorney will use their knowledge and experience to compile a comprehensive and persuasive claim highlighting the work limitations caused by your impairment.
A well-structured brief will give the SSA employees who evaluate your case a better picture of your disability severity.
Professional attorneys know how to write a compelling narrative that accurately showcases the extent of your disability. This will increase your chances of winning SSDI osteoarthritis from the initial application.
Maintaining Communication with the SSA and Speeding the Process
From filing the initial claim to assembling medical evidence, the disability attorney acts as your representative throughout the application process. They ensure each step is aligned with your best intentions.
For example, your attorney will maintain communication with the SSA while they asses your case.
Their legal mediation often speeds up the process as you will more quickly find out about new deadlines or SSA extra requirements (like more evidence). This will give you an advantage and reduce the stress of navigating with communication nuances yourself.
Preparing You To Present Your Case Before a Judge (In Case of an Appeal)
What happens if your claim gets denied? The next step is requesting a reconsideration or filing for an appeal.
If you must appeal, you will have to defend your case before an Administrative Law Judge.
This instance can be nerve-wracking and intimidating for most claimants who are not legal professionals. Feeling that way is entirely normal; after all, you are not used to speaking before a judge—who is examining your every word—in front of a packed court.
Fortunately, professional lawyers have attended hundreds of disability hearings before. They know how the process works and will prepare you to face it with confidence.
Your lawyer will advise you on what information to say and what’s best to avoid mentioning. They’ll also attend the hearing with you to represent and assist you.
3 Common Misconceptions About Disability Attorneys
Many individuals pass on hiring legal assistance due to some misconceptions about disability lawyers.
Today, we want to debunk 3 of the most common misbeliefs about Social Security disability lawyers:
Disability Lawyers Are Too Expensive
The number one reason why some claimants don’t even consider working with a disability attorney is the belief that they will not be able to afford their services.
The truth is that most professional law firms work on a contingency fee basis.
That means you only pay after—and if—you win your case.
Once you get your back payment, you won’t have to worry about having money to pay your attorney.
Furthermore, federal law protects you from lawyers charging excessively high fees. Attorneys have a fee cap; they can not charge you more than 25% of your back pay. Additionally, the fee can not exceed $7200 (going up to $9200 in November 2024).
Disability Attorneys Only Fiel the Claim, You Must Handle the Rest
Here is another common misunderstanding. Yes, the lawyer will file the claim for you, but their job is far from over.
As we stated above, disability attorneys perform several tasks to ensure their clients win the benefit they deserve.
SSDI lawyers wear many hats:
- Collecting medical proof to support your case.
- Handle complex paperwork
- Prepare a compelling testimony.
- Provide advice to enhance your chances of winning.
- Keeping communication with the SSA
- Represent you at a disability hearing.
- Preparing you to answer the judge’s questions.
Disability Attorneys Only Help At Appeal Hearings
This is another similar misconception about Social Security disability lawyers.
Many individuals think an attorney is only necessary if they must appeal. Due to that misbelief, many applicants neglect to consult with a lawyer during their initial application.
Applicants who work with a knowledgeable lawyer from the beginning enhance their chances of winning in the first instance. That way, they avoid denial and having to defend their claim before a judge.
What Can You Do to Help Your Disability Claim?
Many clients ask us if there’s anything they can do to improve their likelihood of winning disability benefits. These are some of the tips we give them:
See Your Doctor On a Regular Basis
After filing the disability claim, you must continue seeing your healthcare professional.
Be aware that an osteoarthritis diagnosis is not enough to secure disability benefits. If you stop visiting your doctor, the SSA may consider your condition has improved, and you are no longer eligible.
Don’t Quit Your Treatment
If the SSA determines you are not making an effort to improve your condition and go back to work, they may deny your claim.
Therefore, we advise you to stick to your pain medications and physical therapy.
You can also engage in lifestyle changes and see a pain management doctor to prove the SSA you are trying to get better.
Never Miss a Deadline
The SSA takes deadlines very seriously.
Missing a deadline, such as forgetting to submit a medical document, can disqualify you.
Work With a Knowledgeable Disability Law Firm In Indianapolis
Now you know that having an experienced lawyer fighting for your case improves your chances of winning SSDI osteoarthritis.
Our dedicated attorneys are always ready to take any case and help our clients secure the benefits they deserve.
Do you have any further questions or specific concerns? We encourage you to contact us and schedule a free consultation. We’ll review your case and let you know the best way to move forward.
