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Seeking Disability Insurance Benefits for a Knee Disorder and Need Claim Help?


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Knee Disorder Long Term Disability Claims Video

A knee disorder can significantly limit your abilities and mobility. In addition to the limited mobility caused by a knee condition, it is the associated chronic pain and instability that makes it very difficult to perform any work duties on a continuous basis. Whether or not your disorder qualifies you to receive disability benefits depends on a great number of contributing factors. At Dell & Schaefer, our disability insurance attorneys have been working with claimants disabled by a knee condition since 1979. We have the experience it takes to review your case and advise you as to how to proceed to get the benefits you deserve. Frequently, disability insurance providers will attempt to limit benefits to just a few months or to deny them altogether, even when doing so is in contradiction with their own policies.

Fortunately for disability claimants, there are numerous objective medical tests available which can verify the existence of a knee disorder. Many disability claimants will argue that following a knee surgery a claimant should be able to return to work within a few months. This is not always true as the knee surgery was an attempt to increase mobility and eliminate pain. Most claimants with chronic knee problems obtain a reduction in symptoms, but not enough to return to work. Working versus being able to perform your normal daily activities require totally different skills. Disability carriers will also try to argue that a person with a desk job cannot be disabled by a knee conditions. This is simply not true and we deal with this argument on a regular basis. Our attorneys work closely with your treating doctors to obtain the required medical information necessary to prove your claim for short or long term disability benefits.

Our Disability Attorneys Understand Knee Disorders

Knee pain is a very common complaint, and can be caused by a wide variety of underlying issues. An accurate diagnosis from your doctor is necessary in order to give you an understanding of your level of disability as well as to get you the appropriate treatment.

The most common causes of knee pain include:

Let the Attorneys at Dell & Schaefer Assist with Your Claim For Disability Benefits

Not everyone with a knee disorder will qualify to receive disability insurance benefits. If you are unsure if your limitations are severe enough, contact us now for a free initial consultation. Our team of experienced long term disability attorneys will review your case and give you an immediate opinion of your claim. You can also review our resolved cases and client testimonials to learn more about our experience and qualifications.

Resources for Disabling Knee Conditions

These sites are valuable sources of further information regarding knee pain:

We frequently update this page with news about knee disorder disability benefits and new laws that could affect your disability. Check back for new information.

There are 64 opinions so far. Add your comment now.

John:

I am in need of a replacement knee according to my Orthopedic Doctor. I have short term disability insurance and long term disability insurance. Unfortunately my health insurance only covers 70% of allowable charges. I’m told I’ll probably need $10k+, which I don’t have. Can I go long term disability if I don’t do the surgery?

Attorney Greg Dell:

John,

A major surgery such as total knee replacement is not a requirement in order to get approved for long term disability insurance. The disability carrier cannot deny you for refusing to have surgery.

Mike:

I will have Knee Replacement on my right knee. Then I will have it done on my left knee when I’m strong enough to do so. Will that get me approved for total disability, so I can get long term disability from my Co.? Also – is that a Hardship to get my 401K to pay bills?

Attorney Greg Dell:

Mike,

A knee replacement can certainly qualify you for total disability, but the question is for how long will the disability company pay you. In order to really understand your chances of getting paid long term disability benefits we would have to review your disability policy and then gain an understanding of your occupational skills. With regard your 401k, you need to be careful taking any money from the 401k as it may offset your long term disability payments.

Bailey:

I have runner’s knee in both my knees and I have done everything the doctor has asked of me. My knees are just getting worst. My doctor told me no kneeling or squatting. I’m a certified nursing assistant and kneeling and squatting is part of my job. Also when sitting I’m supposed to keep my legs up and out, not bent. I don’t know any job that will let me sit kicked back. Would I be able to get social security benefits?

Attorney Stephen Jessup:

Bailey,

You would have to contact a Social Security attorney in order to determine potential eligibility for SSDI benefits. I would also suggest that you find out if you are covered under an employer provided group disability policy.

Carlos:

I have had Osgood Schlatter’s disease in both knees since I was young. I am now in my 40’s and still have knee pain. My doctor has even suggested surgery. I work in the shipping, receiving and warehousing industry. Would my condition qualify me for any LTD benefits?

Attorney Stephen Jessup:

Carlos,

If your medical condition is preventing you from working then you would have a basis for filing a claim for LTD benefits under an employer policy. However, as a disclaimer, please not that although your knee problem could justify the filing of a disability claim, that does not necessarily mean the insurance carrier will determine you are disabled.

Julie Richey:

I’ve been a cashier for 3 months part time as in 25-33 hours a week because of back problems. I can’t lift anything because it makes me limp as it will press on nerves. I chose the cashier position because I don’t have to do much for very long. My background has been restaurant management and nothing sedentary. Now, I developed knee issues past and present, just had arthroscopic knee surgery for torn meniscus. They ended up with a lateral meniscectomy, abrasion chondroplasty of the lateral femoral condyle, Synovectomy of the medial and lateral compartments, resection of plica, lateral release and removal of loose bodies. It’s 4 weeks and I can’t walk yet with swelling due to arthritis under my kneecap. I have a GED and I’m nearly 49 years old. Should I wait and see what happens? I was also told awhile back I could have a spinal fusion to possibly help my back but didn’t, sitting is very irritating to my back. I have L3, L4, S1 issues and can’t do therapy with it.

Attorney Stephen Jessup:

Julie,

I am unsure as to how to assist you with your inquiry. First and foremost, do you have an employer provided short and/or long term disability policy? Also, if you have only been working for the company for 3 months there could be an issue with regards to pre-existing conditions, and if you are only part time you may not be eligible for coverage (some policies require you be full time). If you don’t have a private or group disability policy your only option would be to explore filing for SSDI benefits.

Joelle:

I have been dealing with chronic knee pain. I get a small disability check from VA for what they consider 10% disability (that was at the time of the injury in 1997). I was recently told I have stage 4 arthritis in my knee and will need knee replacement before 5 years or I will not be walking by a sports doctor.

My question: should I go back to VA and file for a higher disability claim or should I get an attorney and file a disability claim through SS? I am working right now; however every time I stand up my knee locks and when I walk for any length of time I end up limping because of the pain. I sometimes do not even realise I am limping until my daughter or husband points it out. I try very hard to not think about the pain and just get through the day, but it seems to be getting worse and I just need to know what options I should start taking.

Thank you for your time.

Attorney Stephen Jessup:

Joelle,

Unfortunately we do not handle claims for VA or SSDI benefits. You will have to consult with an attorney who handles VA and SSDI claims.

Dan:

I had ACL reconstructionJuly 9 2013. My employer’s short term disability policy deny payment of disability after August 20 stating that according to their doctors I should have been able to return to work. No, my job is not involved physical labor; I am on my feet some of the hospital chaplain driving walking steps walking in buildings etceteras. In addition I had complications with swelling and bleeding in surgery so they had to keep me a couple days in the hospital to prevent me from losing my leg. I had massive swelling in hematomas in my leg. The preventing therapy made it difficult for the first month. At their request we have sent all operating room doctor notes in therapy notes to document the need for further time off. However, 40 days to return to work seems very optimistic under even the best of circumstances with this surgery. Am I wrong about that my senses they want to continue to deny payment? I returned to work October 14. What are my options here?

Attorney Stephen Jessup:

Dan,

If you returned to work, your options might be limited. Under your policy a return to work for any period of time might end your disability claim. Additionally, from a practical standpoint, the carrier will certainly take a “we were right” approach as to your ability to work. Your only options appear to be to file an appeal of the denial in an attempt to obtain unpaid benefits from August 20 to October 14; and then if you are unable to work going forward, to file a new claim for benefits.

Leslie Collins:

Hi, I had a ‘scopy done on my right knee. I haven’t been able to work for two months. My knee still swells and hurts a lot. Can I get disability?

Ken:

I am scheduled to have total knee replacement surgery on January 8, which is nine days after I retire from my job. I am no longer able to function and work so I have opted to retired. Can I received short term state disability (which I have paid into for years) after my TKR if I am retired?

Attorney Stephen Jessup:

Leslie,

If you have a disability insurance policy I would suggest you make a claim for benefits.

Attorney Stephen Jessup:

Ken,

We do not handle state disability claims, so I am not sure as to what rights you would have to collect same.

Cheryl:

I was in a motorcycle accident 8 years ago. Since then a large spot in my knee has died. My ortho has done shots, scopes x4, donor cartilage, and plugs. I have been recently laid off and now they are cutting unemployment benefits. I’ve been trying to look for employment and I think that my knee is hindering me from getting a job. I can’t stand all day so that limits the type of work I can get. I do want to find a job but it’s hard. I’m thinking of disability. I live in Michigan. I have 2 questions. Is it possible to get disability and if I do in fact get it can I still look for employment and cancel it when I do find one?

Attorney Greg Dell:

Cheryl,

If you have work credits from the past five years, then you can apply for SSDI. You can still look for employment and cancel SSDI if you get a job that pays you more than $900 a month.

Patricia Roberts:

I have degerative bone disease and need help. I don’t have insurance and the free doctors just didn’t put enough effort into my medical file. I have almost lost all control of the right knee and now it’s in the left one. They have denied my claim 4 times now. How do I find a doctor that will work with me and help me get the disability that I need and before my bones start to break?

Attorney Stephen Jessup:

Patricia,

Unfortunately, there is no clear cut way to find a doctor who will be willing to support a claim for disability.

Craig:

John,

I have bi-lateral knee issues and lower back problem. I filled and received SS Disability. I’m going to have partial replacement. Will this disqualify me for SS Disability afterwards? I’m 58 and worked a strenuous job and left on early retirement.

Thanks,
Craig

Attorney Stephen Jessup:

Craig,

You will need to consult with a Social Security attorney as to your potential qualifications for SSDI.

Trez:

I have had 3 pins in my knee since I was 15 years old. I’m 34 now. And it’s getting harder for me to bend an walk to do my job. I was wondering do I apply for social security benefits?

Attorney Stephen Jessup:

Trez,

If you do not have any type of private or employer provided disability insurance coverage, then SSDI might be your only option.

Mike:

I have three torn ligaments in my leg. I am constantly in pain, some days better than others. But I have very limited mobility. I really don’t want surgery, [coward] I’m 57 and work as a conductor for the NYCTA. I hear stories of how hard it is to get SS disability. I just want to know if this injury would qualify for them.

Attorney Stephen Jessup:

Mike,

You will need to consult with a Social Security attorney in order to best ascertain your chances for receiving SSDI benefits. In the alternative I would also suggest you find out if your employer offers any type of disability insurance coverage.

Denice Dameron:

Hi, I had my first partial knee replacement on Jan 20th for my right knee, I will being seeing the doc Friday and we should be scheduling for my left knee. I am not receiving any pay from my employer. Money is getting tight and I have osteoarthritis in both knees. Can I apply for disability pay until I get back to work?

Attorney Stephen Jessup:

Denice,

If you have a disability policy that you have coverage under, then it would definitely be advisable to try to secure benefits under it.

Denice Dameron:

Hello, I don’t have a policy through work at all. That is why I’m trying to ask if I can apply for SS disability? Or what other options would I have?

Attorney Stephen Jessup:

Denice,

In that case, Social Security disability may be your only option.

Stacy:

Im 34 years old and I have cronic knee pain. My knees grind all the time. My orthopedic told me with in 5 years I would need a total knee replacement and not long after that my left knee will be next. I also suffer from lower back pain and a neuroligist has digonised me with cronic fybromyalgia. My regular physician told me there was no way for me to work a 40 hour a week job. I have worked since I was 15 and now I haven’t been able to find a job that I can work without being in cronic pain. I can’t sit or stand for long periods of time because of the stiffness and my doctor said it’s just going to get worse. Also my knees have started to deteriorate so bad that my both of my knee caps have moved to the left side on both legs. Can I apply for disiability for this?

Attorney Stephen Jessup:

Stacy,

If you are not currently working and covered under an employer provided or private disability insurance policy, your only option for potential disability benefits would be Social Security. You will need to consult with a Social Security attorney to determine your eligibility and chance for securing same.

Tori:

Hi, I had osglo slaughter disease as a child. I’m 42 and have a plate and screws on my left ankle since 1994. June 2011 I had my first knee scope and again October 2012 for meniscus tears. June 2013 I had a laminectomy and today my 2nd opinion said I will absolutely need knee replacement. I applied for disability almost 2 years ago. I was denied the first time.asked for a reconsideration and denied again. I am a hostage in my own body. Before 2011 I worked and attended school full time but haven’t been able to do much since. People help me clean my house etc. My family has continuously have helped me maintain my bills.

My disability hearing is next month. What do you think my chances are?

Attorney Stephen Jessup:

Tori,

The fact you mention a disability hearing leads me to believe your claim is for Social Security benefits. If so, you will need to consult with a Social Security attorney as to the likelihood of securing benefits.

Sue:

I have been told by my orthopaedic Dr. that I have severe arthritis as well as a meniscus tear. Even if he went in to clean up the tear I most likely will still have the pain from the arthritis. So he wants to do a knee replacement. If I refuse the knee replacement am I able to get disability. I have been off work for 3 months.

Any help is appreciated. I am only on my husband’s insurance through his work.

Thank you & God bless,
Sue

Stephanie:

Hello,

My husband has a ruptured patellar tendon, he is in need of surgery. He doesn’t have short term disability or long term. After doing some research they said that it could be 6-12 months before he could have full use without limitations. He is a nurse and some of those duties include bending, walking, standing for long periods of time, sometimes no break. So what do you think? Do you think we may be able to apply for disability insurance?

Thank you,
Stephanie

Attorney Stephen Jessup:

Sue,

If you have been out of work for three months most likely you should have already applied for disability through your employer’s policy. What is the status?

Attorney Stephen Jessup:

Stephanie,

If he doesn’t have short or long term disability insurance then I am not sure what disability he would apply for.

Mandi:

Hi, I am a teacher who suffered a slap tear and a rotator cuff tear. I have been to several doctors over the past six months and have done everything they suggested. I now have a doctor who says I may need surgery. After reading about the risks I am not willing to take the risk. I already applied for disability retirement. Will they demand that I do the surgery?

Attorney Stephen Jessup:

Mandi,

An insurance company will not require you to undergo surgery as a pre-cursor to receipt of benefits.

Chaquita McGee:

I have had surgery on my knee and I had a job which caused me to stand for 8 hours but my knee will hurt and swell up. Am I able to get disability?

Attorney Stephen Jessup:

Chaquita,

Are you still employed and/or covered under a short/long term disability insurance policy? If so, you would be entitled to file for disability, but that is not a guarantee that benefits would be awarded.

Additionally, depending on how long you have worked for your employer there would also be a potential concern that your knee condition would fall under a pre-existing-exclusion under the policy.

Please feel free to contact our office to discuss how we may be able to assist you in filing a claim for benefits.

Cynthia:

15 months ago I had a partial knee replacement and ever since I’ve had additional surgery to replace lateral maniscus on same knee. It’s been a total nightmare chronic pain and having to wear a knee brace just to get through work and I’ve missed so much time I’m lucky I still have it and I feel my days are numbered. I physically and emotionally drained ascwrll as depressed because my job is my life. Seeking a 3rd opinion next week because I can no longer tolerate this pain. Do I have a case ? Is it too late to seek legal advice and is seeking social security benefits an option for me?

Attorney Stephen Jessup:

Cynthia,

Do you have an employer provided disability insurance policy? If so, please feel free to contact our office to discuss your options in filing a claim for benefits under same.

Rick:

I currently receive a 50% disability from the VA for a service connected disability due to my knee. I was advised by my doctor that I will need a total knee replacement. If I get this surgery will I lose my benefit?

Also I am having severe issues with my left knee due to 25 years of favoring my left leg with everything I did. Should I get re-evaluated for a higher benefit?

Thank you for your help!

Attorney Stephen Jessup:

Rick,

Unfortunately we do not handle VA disability claims, so I would not be able to advise you.

Jeff:

I’am 46 years old I am bone on bone in both knees and I have disc degeneration, lumbar and cervical. I’ve had these conditions since 2008. I’ve been trying to carry on but at this time I can’t even walk anymore without crutches. I can’t work; my trades are brick mason and auto mechanic. I’ve not been able to perform any gainful employment since 2008 and at this time I have no income and no insurance. I need total knee replacement on both knees and possible back surgery. I applied for SSI benefits twice and was denied due to my wife’s income but at this time my wife has no income. I am indigent. What am I to do? I need help ASAP!

Tamara G.:

Hi! My orthopaedic doctor told me I have a meniscus tear which I’ve had since I was 15 but unfortunately wasn’t able to repair it. Now that I’m 27 it has gotten really bad and must be seen about. Is there a chance I could recieve disability after I recieve surgery? My doctor said it could take a year to fully recover and I have very little income to survive with no work for another year.

Attorney Stephen Jessup:

Jeff,

Unfortunately, it seems your only option for disability is through the Social Security Administration, which has already fought you. As you know, SSDI is a very long and hard process at times. Please feel free to contact our office and we can assist you in finding a SSDI attorney in your area.

Attorney Stephen Jessup:

Tamara,

Receipt of disability benefits would depend on two key factors:

(1) do you have a disability insurance policy through your employer that you are covered under and
(2) the language in the policy, which would govern any potential claim.

If you do not have a copy of your employer’s disability policy I would suggest you obtain a copy to review same.

Debbie:

I am 53 and have had knee problems all my life. I’m to the point where I can’t walk or sit too long without them hurting. They are always swollen from arthritis. I was born with my patella too small for the socket. I haven’t worked in about a year. Do you think I qualify for disability?

Attorney Stephen Jessup:

Debbie,

If you do not have private disability insurance your only option would be to file for Social Security disability benefits.

Steve:

Hi, I’m a sales rep. that had double knee replacement almost 4 years ago. My job require me to do a lot of bending and trying to kneel which I can’t do. Also going on step ladders and standing for long periods of time. I have been working with this since the replacements but know it has Ben getting harder and more painful to do the work. My doctor has given me orders of permanent restrictions from all of the above things and also out of work indefinitely. My disabilty insurance company Atena has denied me for disability. What should I do next have been out of work for almost 3 months. They say I can appeal.

Thanks,
Steve

Attorney Stephen Jessup:

Steve,

ERISA requires that you file an administrative appeal of the denial of benefits before you can file a lawsuit. Your appeal is now the most important component of your claim, as it will be your last opportunity to prove your disability before having to go to Court. I highly suggest you review the information on our website as it relates to the importance of filing a thorough appeal, and please feel free to contact our office to discuss how we may be able to assist you in the filing of same.

Nick:

I’m 23. I started working in May as a full time employee at a paint store. In the end of July I tore my acl and had a bone contusion in tibia and fibula while playing basketball. Two weeks later, while still on crutches, I got laid off, not because injury but because store isn’t making enough money. It’s now a month later and I still may need surgery to repair acl. What can I do?

Attorney Stephen Jessup:

Nick,

Unfortunately I do not know what to tell you. If you do not have health insurance I am not sure what options may be available to you.

Crystal:

I was recently in a bad head-on auto accident a month ago. I have discoloration and no feeling in my right knee. A lot of back pain and a fractured rib that still hurts. What are my chances for disability? How do I get started?

Attorney Stephen Jessup:

Crystal,

Do you have a disability insurance policy through your employer or that you individually purchased? If so a review of the policy would be required to evaluate your rights under same.

Sharon:

Hi, I have been told that I need double replacement due to degenerative bone disease and osteoporosis arthritis in both knees plus a torn meniscus. I have insurance through my husband’s teacher retirement. Am I eligible for disability?

Attorney Stephen Jessup:

Sharon,

Without seeing the policy there would be no way to determine eligibility for a disability benefit that is not associated to a policy you received on account of employment. If you have a copy, please feel free to contact our office to discuss your options.

Mike M.:

I am considered a contractor by one client whom I have worked with every day for 19 years. I pay my own medical and disability insurance. I need a knee replacement but being 58 years old I am concerned that I will be replaced and lose my job for being out of work for 3 months while recovering from the surgery. Are there laws that protect freelancers or workers who are misclassified as freelancers so that their job will be waiting for them when they return to work after the recovery period? It’s bad enough that I will lose 3 plus months of pay from lack of income. I am in a lot of pain and have been holding out for years now with injections, a scope surgery, acupuncture, Chiro, massage, Tylenol and topical gels. My leg is bowing out, I can feel the impact on my hip and ankle as they are starting to go bad from the domino effect of an improper gait. Plus I have 3 herniated discs and spinal stenosis of the back. I appreciate any advice you can give me.

Attorney Stephen Jessup:

Mike,

You will need to consult with an attorney that practices employment/labor law. Please feel free to contact our office and we can assist you in getting in touch with one.

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