• How to Prove A Knee Disorder Disability Benefit Claim

How to Prove A Knee Disorder Disability Benefit Claim

Knee disorder claims are often challenged by long-term disability insurance companies, but objective testing and proper documentation can help get your disability benefits approved. In our knee disorder disability video, disability insurance attorneys Rachel Alters and Gregory Dell provide tips on how your doctor should document your knee limitations and how the use of outside evaluations will support your case. Contact any of our disability insurance attorneys for a free initial phone consultation to answer any of your long-term disability insurance questions.

Most disability insurance companies wrongfully think that if you have a sedentary job, like a desk job or anything that requires you to sit for at least six out of eight hours a day, then you should be able to deal with your knee pain and work. They believe that you shouldn’t have knee problems if you can sit all day. As disability insurance attorneys that have handled hundreds of knee disability insurance claims we want to share some information to give you the best chance to have your disability insurance claim approved.

In this article:

How do you prove that a person with a disabling knee condition can’t do a sedentary job?

It’s really important to work with the treating physicians on the way they document the knee restrictions and limitations so that when the carrier obtains the medical records they’ll see that the doctor is not saying that as long as the claimant isn’t standing for long periods or walking or lifting heavy objects, it’s OK for them to work. When somebody has a disabling knee condition, whether it’s caused by injury, arthritis or another chronic condition, they often cannot stand for long periods. It’s important that the treating physician states in the medical records that the claimant also can’t sit for long periods and needs to change positions often. I find that my clients who have severe knee issues need to elevate their legs throughout the day but in different positions. They need to lie down. They can’t just sit all day and be OK – they’re really uncomfortable.

If somebody is in severe pain, whether or not they’re sitting at a desk all day, they are unable to focus and concentrate on their job. So, I tell my clients to ask their treating physicians to make sure they’re documenting that they’re only able to sit in small increments of time – not for extended periods. They must elevate the leg during the day, change positions, and walk around. Most jobs aren’t going to allow somebody to lie down when they’re supposed to be sitting at a desk using a computer all day. It’s very difficult to use a computer while your leg is elevated in the air, so it makes it impossible with somebody for a knee condition to be able to work in a sedentary capacity on a full-time basis.

How important is the documentation of medical records by the treating doctor? 

It’s very important for the doctor to document as much as they possibly can in your medical records. There should be documentation that shows the pain that the claimant is in, any range of motion issues, and if there is swelling or other issues with the knees. It has to all be consistently documented in the records. Often my clients will say, “I went to the doctor four months ago. I had knee surgery. And he says there’s nothing else he can do for me, so I’m not going to go back.” That’s the number one mistake that clients make when their doctors tell them there’s nothing more to do for the knee and that it’s now a chronic condition. They tell their patients that they are going to have to deal with this pain. So, they no longer go see the doctor. The insurance carrier takes the fact that you stopped seeing the doctor as their cue that you’re cured and can go back to work. So, I tell my clients to make sure they see their doctor at least every three months. Make sure you’re telling your doctor every issue that you’re having with your knee. If it’s pain while you’re sitting in one position and it only feels better when it’s elevated, you need to tell the doctor.

I have clients who, after sitting 15 minutes in a chair, their knee starts to throb. If they had to do some sort of job where they needed to focus and concentrate, they wouldn’t be able to. They need to tell their doctors that they can’t concentrate for long periods due to their pain. If they take pain medication to alleviate the pain, and can’t focus because it causes side effects such as fatigue and drowsiness, they need to lay down and take a nap. It all needs to be in the medical records. The doctors need to document that they cannot sit for long periods and therefore cannot work in a full-time capacity due to the knee issue.

Could a disability company challenge my claim even if I have multiple doctors who have been treating me for years and support it?

They can do this in many ways. The most inexpensive way for the disability company to challenge your doctor’s opinions about your restrictions and limitations is to hire their own peer review doctors to review your medical records and determine that they disagree. They look at the test results and the medical records. Even though the claimant’s doctors say they believe the restrictions and limitations prevent them from being able to work in their occupation due to issues with their knee, they have an orthopedic doctor who reviewed the records and disagrees. This claimant can sit for six to eight continuous hours a day with no problems whatsoever. They can bend, stoop, all that’s required in a sedentary job with absolutely no problem.

My clients will ask how they can do that when they haven’t met and examined me? They’ve never even talked to my doctors. Can they just look at my medical records and render their own medical opinion which will trump my treating doctor’s opinion? The answer to that question, unfortunately, is yes. The insurance companies routinely send peer review reports to us with a denial letter stating that our doctors disagree with the treating doctors, and cut off the benefit.

What is an independent medical evaluation or an IME?

Disability insurance companies can also send claimants for an independent medical evaluation. It’s a little more costly for the insurance company, so if somebody has a little higher benefit, they will go and send them for an evaluation by one of their doctors. They are biased – they’re being hired by the insurance companies. The companies are paying the doctor to render an opinion. More often than not, when you go to an IME, the opinion is likely going to be that you could go back to work full time in a sedentary capacity. If these doctors were rendering opinions that state that claimants are disabled, they would no longer get hired by the insurance companies. So, they’re biased. I make sure that I very carefully prepare my clients for an independent medical examination to make sure that they know what to say and what not to say. Most importantly, they’re usually followed with video surveillance on the way and walking into the independent medical exam. It allows the insurance company an opportunity to know where the client’s going to be at a particular time to get them on video. I tell my clients to be very mindful that they’re being watched. After the evaluation, make sure you go home because there are many ways in which the insurance carrier can rebuke what your physicians are telling them.

Do I have to undergo knee surgery to get my disability benefits approved? 

A disability company can never make a claimant undergo surgery. That’s not something that’s in the disability policy. However, they can try and hold it against you if you don’t follow the doctor’s recommendations. I’ve had clients who are afraid to have surgery. The insurance carrier is not going to require the surgery, but often they will point out that the surgery was recommended and suggest that the claimant is not receiving appropriate care. They can’t force you to undergo surgery because no surgery is 100% going to work and guarantee that you’re going to be back to yourself. Whether it’s a knee or an elbow or a back or a neck, there are always risks involved when it comes to operating. It’s a risk-benefit analysis. If the physician can’t guarantee, which they never can, that after the surgery the patient will be good to go, there’s no real requirement that they undergo the surgery under the terms of the policy.

What is a functional capacity exam and how can it be helpful to prove a knee disability?

The FCE is a test performed by a physical therapist that we often use to give objective proof of somebody’s inability to function and perform a sedentary job 40 hours a week. It’s typically a 3 to 4-hour evaluation that’s going to test your ability to sit for long periods, how long you can stand, how much weight you can carry, and if you can bend, stoop, or climb a ladder. It’s an evaluation of all the physical functions that can be required in any typical workday. The physical therapist will interpret the data generated from the testing to determine whether, in their opinion, they believe that you could sit for long periods, stand for long enough, lift enough to be able to perform a sedentary job. These are very useful tools in proving to the insurance company that the claimant could not do a sedentary job 40 hours a week with their knee condition.

Correlating Your Occupational Duties and Medical Restrictions with a Vocational Expert

Another thing we take into consideration is the claimant’s occupational duties. You take all of the restrictions and limitations from the medical records and correlate that with either the duties of the claimant’s occupation at the time they became disabled or of any gainful occupation, if that is the definition of disability. Often, we’ll even take it a step further and retain a vocational expert, who will then coordinate everything dealing with the occupational component and the physical component as well. We work closely with the claimant, with their doctors, to obtain those objective testing results. It’s a complete package, and you have to know how to present it to the disability insurance company, especially if your claim has been denied so that you can get your benefits approved.

What do you recommend for someone who has questions about their disability insurance claim?

We encourage you to contact us for a free initial telephone consultation, where Rachel, myself, or any of our lawyers will review your disability insurance policy. Or if you’ve been denied, we’ll review a copy of your denial letter. We’ll let you know immediately how we can assist you. Our clients are located all over the country. So, no matter where you live, we’re available to assist you. We encourage you to search through our website and to look up valuable information based on your disability insurance company, your medical condition, or your occupation. You’ll find articles about cases we’ve handled or other lawsuits that have been filed.

There are reviews of insurance companies where other people share their experiences, which may be similar to yours. You’re also going to find thousands of questions and answers from all our lawyers. We want you to have all this information because it’s going to educate you about the disability insurance process. It’s a complicated process with a bit of gamesmanship involved. You have to know how the disability insurance company thinks to put yourself in the best position to get approved. After reviewing this information and having the opportunity to speak with us, I hope that you feel you’re in a better position to either get your disability benefits approved or continue your benefits. Should you need us in the future, we look forward to the opportunity to speak with you.

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  5. Prudential Reinstates Disability Benefits To School Teacher
  6. Prudential overturns denial of Long Term Disability Benefits for Vietnam War Veteran after Lawyers from Dell & Schaefer file appeal
  7. Cameraman suffering from chronic knee problems receives long-term disability benefits from the Mutual of New York Life Insurance Company  4

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  2. Court Agrees with Sedgwick and Finds Plaintiff’s ERISA Lawsuit is Time-Barred 
  3. MetLife’s Denial of LTD Benefits Was Based on Substantial Evidence 
  4. Does Social Security Approval Mean Disability Insurance Benefits Will Be Paid? 
  5. MetLife Improperly Applies Limitation For “Neuromusculoskeletal and Soft Tissue Disorder” to Long Term Disability Claim  6
  6. Aetna Ordered to Produce Internal Statements of Policies, Procedures and Guideline Relative to Claimant’s Long-Term Disability Claim 
  7. Failure to treat your medical condition can lead to termination of long term disability benefits 
  8. Federal Court Upholds Unum Disability Benefit Denial  2
  9. Florida Courts Have A Complicated Six Step Disability Insurance Denial Protocol 
  10. Sedgwick Disability Denial of AT&T Employee Reversed Once Again  3
  11. Texas Court Upholds Prudential Disability Insurance Denial 
  12. Minnesota Disability Claimant Filed Suit Against Employer Over Terminated Disability Benefits 
  13. Total Knee Replacement, Yet Sedgwick Still Denies AT&T Employee’s Disability Claim  6
  14. Kirk & Blum/CECO Environmental Employee Files Lawsuit Against Lincoln Financial Group For Wrongful Termination Of Long-Term Disability Benefits  2
  15. Electrical assembly worker for Northrop Grumman files a complaint against UNUM for denial of long term disability benefits 
  16. CIGNA has three new lawsuits to deal with for unpaid disability benefits  17
  17. Employees of Wells Fargo, Heinz, and Otis Elevator sue Liberty Life for denial of ERISA benefits 
  18. Two Comcast employees and a registered nurse file three ERISA lawsuits against Liberty Life Insurance in Pennsylvania for denial of disability benefits  2
  19. Xerox employee is denied her long term disability benefits and sues Sedgwick and Xerox  9
  20. Former security guard of the Children’s Hospital of Philadelphia alleges CIGNA Insurance engaged in fraudulent and malicious disability claims practices 
  21. Metlife Wrongfully Denies Disability Benefits to Walgreens Manager with Knee Injury  6
  22. Louisiana Disability Attorney Attempts to Reverse a Hartford ERISA Denial for CVS Manager 
  23. Disability Claimant’s Inability to Pass Employer’s Mandatory Drug Test Policy Due to Pain Medications Results in Award of Disability Benefits 
  24. Own Occupation to Any Occupation definition change leads CIGNA to deny disability insurance benefits 
  25. Court reverses CIGNA disability denial for man with knee disorder  2
  26. Beware of unreasonable Prudential Disability Insurance lump sum buyout offer  31
  27. Over $500,000 of disability insurance benefits will be paid to disabled store manager following MetLife’s wrongful denial (Part II) 
  28. MetLife denies long term disability benefits to sears store manager with heart disease and knee problems (Part I) 
  29. Boston Mutual can not recover $163,000 overpayment to long-term disability claimant (Part II) 
  30. Was Boston Mutual’s decision to terminate long-term disability insurance correct? (Part I) 
  31. Postal worker loses long-term disability claim against Hartford Insurance  3
  32. Harvard University ordered by Massachusetts federal court to pay long-term disability benefits to a former employee 
  33. Unum’s denial of disability benefits to a registered nurse (“RN”) and trial court victory is reversed by the appellate court  1
  34. Prudential’s failure to provide documents weighs in long term disability claimant’s favor 
  35. Hartford is ordered to pay long-term disability benefits to a telecommunications manager  64
  36. Federal Court rules that degenerative arthritis of claimant’s knee was a “sickness” and not caused by an “injury” 

Comments (208)

  • Worked in printing industry for 30 years +. Both knees bad. But doctors say its just arthritis. But is not anybody else in my family that has it (siblings). Job involves stairs, loading paper while on knees. Going in for full knee replacement 9/7/2021. Left knee first.

    Tony Aug 8, 2021  #208

  • Lulu: This sounds like a very difficult situation for you. I suggest you contact our office and speak with one of the attorneys to discuss in more detail your circumstances and the options you may have moving forward.

    Jay Symonds Sep 6, 2020  #207

  • I have suffered from osteo shattlers since I was 16, I still suffer from pain about it. My shoulder bones, left and right have been hurt from falling off the bed a few times. I can’t run, I can’t carry much of anything cause my shoulders hurt from the weight. I currently have a lawyer on an ssdi case for my anxiety, depression, and asthma. I have been denied 5 times and I truly need some one to believe my pains are real and I cannot longer work like this. I am a stay-at-home mom and that’s difficult in itself. I have big lump on my right knee, a lump on my right and left shoulder bones from falling multiple times. I really need a lawyer to fight hard for my case, I need this lawyer to understand, have empathy and do as much as he can to get me and my 8 year old to get approved.

    PLEASE, PLEASE HELP US!

    Lulu Sep 5, 2020  #206

  • Donald, no. They cannot make you undergo surgery.

    Rachel Alters Aug 25, 2020  #205

  • I have osteoarthritis in both knees, bone on bone. Can an LTD company require knee replacement before allowing a claim?

    Donald S. Aug 25, 2020  #204

  • Johnny, we are more than happy to speak with you concerning your upcoming claims for disability benefits. Please contact us at your convenience. We always offer a free consultation.

    Alex Palamara Jul 11, 2020  #203

  • I am receiving my 5th knee surgery on Tuesday the 14th. Would like to speak to someone about options I may have.

    Johnny Jul 11, 2020  #202

  • Sean, as the disease is a physical medical condition it would fall under the larger spectrum of physical medical conditions and would require showing how the condition is preventing you from performing your occupation and/or any gainful occupation.

    Stephen Jessup Jun 3, 2020  #201

  • Where would Osgood-Schlatter Disease fall under?

    Sean Jun 3, 2020  #200

  • I have been out on unemployment since 4/3/20 due to covid19. I am home and found a job but have had a bad knee for 3 years. Always managed to work. 2 days ago my knee locked up. I am a nurse and live some with my 3 animals. I had just found a job that I could do in a couple weeks. Now I cannot bear weight on this knee. I have rent, care of pets car payments etc., don’t do well in any surgery but am frightened my knee finally gave out. I have Medicare and minimal social security. Will call MD Tomorrow. What alternative if any can I do? Especially if I need dreaded surgery.

    SUSAN G. May 25, 2020  #199

  • I had complete knee replacement twice on the same knee and can only straighten it 40%.

    Harry M. May 4, 2020  #198

  • Currently have osteoarthritis in my knees and it makes it unbearable to walk. I have been experiencing this for quite a few months.

    Angela B. Mar 11, 2020  #197

  • My friend has had knee problems and has had an mri done where it shows its in pretty bad shape. My friend is 63 going on 64 years of age and currently has an attorney firm who has passed her case from one person to the next. With a court date 2 days away she is extremely stressed because she has been waiting a long time for this court hearing.

    David Feb 26, 2020  #196

  • I don’t have a claim right just wanted to know some friendly advice.

    Dan Jan 25, 2020  #195

  • I am 52, I have been working in factories over half my life, l6 years. Where I am now… I have had 2 ACL knee surgeries on my left knee & 5 years ago I had total left knee replacement. Now I am find out within the next 6-8 months I need total left knee surgery again. If I can’t go back to work would I be eligible for social security disability?

    Dan Jan 25, 2020  #194

  • Misty, I suggest you contact our office and speak with one of the attorneys to address the specific questions you have regarding your situation and current representation.

    Jay Symonds May 6, 2019  #193

  • Hello,

    I have had two knee scopes on my right knee one in 2015 and second one Feb. 2019. I am unemployed due to multiple health conditions. One being Cronic Migraines, and Severe Depression. I have been denied 2 times now. Now I am having issues with my knee. My doctor says I have lesions on my cartlige that is causing all my pain and their is nothing further he can do surgically for me. I have been doing physical therapy just got done with my last one because my physical theripist said there was also nothing more she could do cause it was causong more pain then good.

    I guess my question for you is what should I do, I have so much going on and nothing seems to be getting done with the lawyer I have. I also see my therpist once weekly since August of 2018 and she has diagnosed me with severe Depression. Please help me, I don’t know what I can do anymore.

    Misty May 6, 2019  #192

  • Dean, I have never heard of an employer suing an employee for bad working conditions. Perhaps you mean an employee suing the employer? I have heard of workers compensation claims based on similar theories but you would need to contact a lawyer who handles workers compensation claims.

    Victor Peña Apr 8, 2019  #191

  • I have osteoarthritis and need a total knee replacement. I have been at my job for 15 years. I am now on STD because it’s hard for me to walk, standing and sitting long period of time. My question is , have you ever heard of employer suing an employee for bad working conditions that caused their knees to develop arthritis from walking 3 to 5 miles a day on concrete?

    Dean Apr 8, 2019  #190

  • Brian, if you have either an employee benefit disability insurance policy through work or have a private disability insurance policy that you purchased on your own, and you are unable to work in your occupation then you may be eligible to file a disability claim. You would need to first determine if you insured under a disability insurance policy and review its terms and conditions in order to see if you may qualify.

    Cesar Gavidia Feb 25, 2019  #189

  • I was injured at my job and I had workers comp. After all was the New York Insurance company doctors determine I lost 50 percent of mobility in my left leg and the MRI showed I have arthritis in my right leg. Would I be able to get disability?

    Brian Feb 25, 2019  #188

  • Erika, the only option I can think of is social security disability which you would not qualify for until you have been out of work at least 6 months. Are you able to do work from home?

    Rachel Alters Nov 29, 2018  #187

  • I am currently employed and my employer does not offer short term disability. I will have to have a total knee replacement of my right knee due to osteoarthritis and will be out of work possibly 3 months or more. What can I do to get financial assistance while I am out of work? I understand I can’t apply for short term disability b/c an have a pre existing condition. Can you advise of any options?

    Thanks

    Erika Nov 28, 2018  #186

  • Katie, if you are not working (and, therefore, do not have an Employer provided Group Disability Policy) and do not have an Individual Disability Policy your only options may be a state (depending on where you live) and/or federal (SSDI) disability claim. I suggest you contact an SSDI Attorney to explore what options you may have available to you.

    Jay Symonds Feb 27, 2018  #185

  • I have a medial meniscus tear in both knees as well as two cysts in one that irritate the injury further. Have been dealing with this injury for a while now, and cannot afford the surgery. I want so much to get a job– but my mobility is seriously limited. Looking into other options…. Is disability an option until I can afford surgery?

    Katie Feb 27, 2018  #184

  • Sue, you would need to see what your Elimination Period is under the LTD plan. Most plans require that you have to be disabled for 90 days (sometimes more) before LTD benefits will kick in. If you have STD coverage that is a different story as the timeframe is usually out for seven days. If you return to work, but only miss work on account of the PT appointments, that would most likely not qualify for disability under a STD or LTD policy. Please feel free to contact our office to discuss your situation in further detail.

    Stephen Jessup Oct 24, 2017  #183

  • I have LTD insurance and am wondering if it will cover time off for physical therapy. I am off work until next week after torn meniscus repair surgery. I’m still experiencing swelling and pain. If I return to work with a doctor’s note stating I need to do PT 2 times a week and I’ve been informed that my LTD insurance just kicked in but I’m being released to return to work, will the time off for PT be covered by LTD?

    Sue Oct 21, 2017  #182

  • Kathy, unfortunately, we would not necessarily be in a position to advise you as to what makes most financial sense for you. If you have a copy of your disability policy please feel free to contact us for a review of same to determine if you have the ability to collect disability and your commissions without the benefit being offset by same.

    Stephen Jessup Oct 10, 2017  #181

  • I am a 62 year old female who has worked full time in radio sales for 100% commission (requires a lot of walking & standing)

    I have LTD with my employer – I have just found out I have to have Total knee replacement on both knees. Should I go ahead and file for LTD or just have the surgery and get paid my commissions while out and see how it goes when I am out of rehab – there is a waiting period – I do not have STD so it would just be my commissions coming in and then if I file for LTD 60% of my commissions plus keep my insurance.

    What’s the best way to handle this? Even if I could qualify for SSDI – I might not qualify for medicare till I’m 65.

    It seems this has to be played just right or I could end up with no insurance for a period of time.

    Kathy Oct 9, 2017  #180

  • Jeffrey, if you are unable to work one of your only options may be to make a claim for disability under any employer provided policy you may have. If you have a copy and would like to discuss your options please feel free to contact our office.

    Stephen Jessup Oct 3, 2017  #179

  • Yes, I’m a 47 year old man and unfortunately when I was 19 I had a severe motorcycle accident. Compound frature if my left femur requiring 1 rod from hip to knee, 4 pins & a plate with 14 screws. Since this I’ve had 2 corrective surgeries, 1 clean out, 1 partial knee replacement and last 1 TKR 2 years ago… not to mention all the recovery, therapy and strong opiates (hydrocodien) I’ve been taking since 1990 the extream emobilizing arthitus that has formed and making life miserable… Not to mention now my right leg is swelling and in constant pain from as well. My last orthopedic appointment the Dr. Stated I have 75 year old knees in a 45 year old man and the only option is a revision (not a guarantee) a amputation (no thanks) or simply take it easy and be extremely careful… he stated the TKR doesn’t last but 10 years or so and there’s not much bone left… MY CONCERN IS WORK, I have a desk job but this pain is unbarring at times and if I medicate to much that creates another concern… I work at the Port of Houston in a restricted area… Are there any suggestions what I can do? I can’t retire for another 12-14 years but if I can’t walk than, that’s not much of a life… can you help?

    Jeffrey G. Oct 1, 2017  #178

  • Celeste, have you filed an appeal of the denial? If you haven’t yet, please feel free to contact our office to discuss your claim to determine how we may be able to assist you in appealing same.

    Stephen Jessup Sep 14, 2017  #177

  • I have bilateral meniscal tears as well as bilateral chondromalacia and was taken off work for 8 weeks to do physical therapy due to swelling and walking becoming a bit harder after back and forth with my std company. The entire time I was off they denied me can saying it wasn’t a reason to be off work. I have a cane and braces on both knees as well as a handicap sticker. I’m going to appeal just don’t know how to go about proving I needed the physical therapy as well as the shit in my knees that I received.

    Celeste Sep 9, 2017  #176

  • Joe, if you have disability coverage through your company then you could certainly explore filing for disability insurance benefits. Please feel free to contact our office with a copy of your policy if you would like to discuss your options under same.

    Stephen Jessup Aug 9, 2017  #175

  • I have been with my company for 10 1/2 yrs. I have had a total knee replacement on one knee. Also have RSD in the leg after surgery. Take 600 mg Lyrica, which helps. Had 3 surgeries on one foot, 2 on the other. Planter fibrob. Keep getting injections pain. Had back surgery 2016 L2-3-4. Out again back surgery again. Can I get long term case?

    Joe Aug 3, 2017  #174

  • LaShanna, do you have short or long term disability insurance through your employer? If so, you could explore filing a claim under same. If not, then I am not sure what avenues you would have for a disability payment.

    Stephen Jessup Jun 13, 2017  #173

  • Hi, I’m a 31 year old female… used to be really active… 8 weeks ago I was in an ATV accident, which I completely tore my ACL. I tried going back to work but it’s very hard. My knee is not stable and I am unable to stand for long periods. Which every job I have work requires either standing or lifting. I am in no position to have surgery bc one with my salary can’t afford insurance or out of pocket. I just don’t know if this is grounds for disability? I just really miss my life the way it used to be before the accident.

    LaShanna B. Jun 12, 2017  #172

  • Tina, we only handle cases for disability under private disability insurance policies. If you do not have such a policy we would not be able to assist you. Your only option for disability benefits would be to look into filing for SSDI.

    Stephen Jessup Apr 27, 2017  #171

  • Hi, my name is Tina and I am 51 and 3 years ago I tore my acl and had surgery done on it and last May I tore my mcl and had surgery on the same leg and have been unable to to work and now I live with pain daily. My leg has been swollen not to mention I can not straighten my leg or bend it all the way and walk with a limp with means I had to quite my job and I was wondering if I would qualify for short term disability until hopefully I can get back in the working force again. Thank You for your time.

    Tina P. Apr 27, 2017  #170

  • Cass, your disability carrier can only deny your claim if you do not meet the applicable definitions of disability under the policy. The carrier would not be in a position to deny your benefit due to the fact you are not working full time.

    Stephen Jessup Mar 22, 2017  #169

  • I went out for a lateral release on May 20th of last year and got short term disability that was employer sponsored. After the surgery there has been complications to where I can’t bend my knee past 87 degrees or straighten it all the way or bare my full weight on it so I walk with a limp or a cane. My physical therapist was happy about me being cleared for part time work. I got switched to long term disability in August when my short term ran out. I’ve had to file an EEOC complaint because my previous employer let me go. I now work part time with a different company as a fast food cashier and work no more than 5 hours a day 5 days a week. I’m just wondering if the disability can cancel my benefits if I’m not working full time. They know I work part time and I have to send them my paystubs to recalculate monthly benefits but I don’t make enough to change the benefits amount.

    Cass Mar 21, 2017  #168

  • Hector, if you have a disability insurance plan through your employer you could certainly inquire about filing a claim under the policy. The worker’s compensation would be an offset to any disability policy (meaning they would reduce the benefit amount) but would afford a longer term insurance benefit than worker’s compensation.

    Stephen Jessup Feb 24, 2017  #167

  • Hello. I had an accident at work about 14 months ago! I fell down a 10 ft ladder when one of the reilings became unwelded and made me lose balance! Dirangement of the knee is what the doctors told me I had. So far I’ve had 3 arthroscopy one being a lateral meniscus transplant. After the first two surgeries my meniscus just kept retaring and according to two doctors I’ve seen they told me my knee will never be the same. I can’t perform the same job as a truck driver and they told me I can’t run or perform certain activities because my knee wouldn’t take it! They also said my knee had signs of arthritis and that in about ten fifteen years I would be needing a full knee replacement.

    Currently I’m under Workscomp and everything’s good but my question is would this be a disability or what can I do to protect myself in the long run because like my doctor said I’m only 24 years old and it’s not a matter of if but a matter of when would my knee will start acting up again. Btw I’m still in crutches and recovering from my 3rd surgery.

    Hector Feb 23, 2017  #166

  • Tracey, if you have private disability through your employer you explore options for filing a claim under same. If not, your only option may be filing for SSDI if you have the requisite work credits for same.

    Stephen Jessup Dec 13, 2016  #165

  • I had a tkr in sept and have had two manipulations since the tkr. I have severe pain and am not able to return to work without restrictions at this time. I am only 46 yrs old. Any suggestions would be helpful. I am thinking I may need to go on disability. Please help.

    Tracey Dec 11, 2016  #164

  • Kelly, under most policies the new medical condition would become part of your claim and have to be reviewed in conjunction with your other conditions. It would be wise to advise your carrier as soon as possible about the knee problem.

    Stephen Jessup Nov 7, 2016  #163

  • I have been on LTD benefits for 25 months for a non healing Wound, I recently tore my ACL and meniscus but could not have surgery on my knee u till they did surgery on my stomach to close up the wound can I still receive benefits for the new injury that will keep me from working due to needing surgery for my knee????

    Kelly Nov 1, 2016  #162

  • RJK, I don’t see how it would be an issue you for you under your LTD policy to undergo surgery. Has your carrier indicated anything to the contrary?

    Stephen Jessup Sep 29, 2016  #161

  • Stephen, I am receiving LTD for a work related knee injury to my right knee am I allowed to have surgery on my left knee while being on LTD?

    RJK Sep 28, 2016  #160

  • E. Rivera, if you do not have any disability insurance your only option may be to look to apply for SSDI if you are eligible. That being said, the SSDI process has its own set of headaches and is difficult to get.

    Stephen Jessup Aug 22, 2016  #159

  • I was diagnosed with chronic knee pain and chronic swelling in Sept of 2015. I have chondromalacia patella and osteoarthritis in my knee. I was given shots of cortisone … They didnt work. I was in physically therapy from October 2016- July 2016 3 days a week. I was out of work since October due to to my condition I couldn’t do my job duties. I tried to go back to work in Dec. It lasted less than 2 days and my knee blew back up… And I was back out. I had knee arthroscopic surgery in February 2016. And continued therapy until july 2016. I did receive very little amount of std. A couple months. Until I was terminated from my Jon in March because I couldn’t go back to work. I will always have this problem of chronic swelling and pain… The littlest thing can set it off… I can no longer kneel on my knees, walk or stand for long periods of time… Lift heavy things etc. Now that I have no income it’s super hard to help provide… My dr. Was like u have this problem for life u can do what u used to do… But disability is out of the question… So what am I supposed to do. I am 31 yrs old with a chronic knee condition… I can work because every thing flares it up worse. I can sit or stand for long periods of time… It’s a horrible condition to have.

    E. Rivera Aug 19, 2016  #158

  • Julie, as we are not worker’s compensation attorneys you will need to consult with one to better understand your rights.

    Stephen Jessup Jul 19, 2016  #157

  • I got hurt at work and twisted my knee and it popped. Have arthitis in both knees and degenerative disc disease in lower back and neck. But after hurt at work had x-Rays MRI then they. Put me on Workmans Comp. Well had orthoscopic surgery, where they found a torn meniscus, lots of arthitis, 2 bone spurs and something floating around inside looked like a thumb, dr said thought I had, had it since childhood. But scraped and removed everything. Going to therapy twice a week plus exercise at home. But knee still pops and going up stairs feels like it’s gonna buckle under me! Met Dr yesterday, was hurting so bad! Gave me a cortisone shot then told me I will need knee replacement! My question is will Workmans Comp pay for it?! I do have my own insurance not thru work. Just tired of being in pain and when they release me don’t know that I will be able to do the job, very physical!!! I am a dog handler but they are putting me down to housekeeping which is even harder! It was their negligence that I was hurt. New water line not covered up properly. But I am not the type to sue, even an attorney said I couldn’t. Please let me know about workmans comp. Paying for knee replacement. Doubt it I am never lucky

    Julie Jul 16, 2016  #156

  • Adam, unfortunately, there is no way to predict every possible outcome. However, the scenario you set forth is a possibility, but only you can know what is best for your health.

    Stephen Jessup Jul 15, 2016  #155

  • How about if I tore my ACL, which requires surgery. Then my manager at work is delaying my surgery because there’s nobody to back me up while I’m gone.

    Then while waiting for the surgery they either fire me, lay me off or outsource my job?

    I mean should I just go have the surgery anyways while I know I have insurance right now, if I’m uncertain of my job future tomorrow?

    Adam Jul 14, 2016  #154

  • Faith, if you have a disability insurance policy with your employer you could explore your options for filing a claim under same. If not, your only option may be to file for SSDI.

    Stephen Jessup Jul 6, 2016  #153

  • I was born Bo legged & wore braces as young child . the Dr recommended that i have surgery but my father refused to allow them to do so. Now im 37 yrs old with 4 children & a nurses aid my left leg has been given me problems for a year 1/2 now. I’ve had 2 x-rays , MRI, multiple cortisone shots , physical therapy, shock pain machine, knee brace & is going back next week to get another MRI done to see if he needs to go inside my knee with a scope WOW & on top of that i have been experiencing slight pain & popping in my right knee. I try to work out to remove some weight off my knees but afterwards i get swelling. I sure wish my father would have let them fixed these bo legs of mines as a child. What do i do now? My working is getting limited & im getting stressed out . Calgon take me away…….

    Faith Hill Jul 4, 2016  #152

  • Big M, unfortunately, as we only hand claims under disability insurance policies I would not be able to speak as to Worker’s Compensation and would refer you to speak to an attorney who does handle those matters. Please feel free to contact our office and we can assist you in getting in touch with one.

    Stephen Jessup May 6, 2016  #151

  • Barry, if you have a disability insurance policy please feel free to contact us to discuss how we may be able to assist you in applying for benefits under the policy.

    Stephen Jessup May 5, 2016  #150

  • Stephen, I am a 48 years old and I have injured my rt knee while working in a underground coal mine in Pennsylvania. I have been working in the coal mine for the same company for 25 years. Since my injury occurred at work I am currently receiving PA workers compensation. The doctor who has been treating me since my accident has ordered x-rays; injected my knee w/ cortisone; and ordered an MRI. It was then determined that I would need surgery. Surgery was performed and it was determined by the doctor that along w/ a meniscus tear; that my cartilage on the ends of my Femur and Tibia are gone on the medial side of my knee and he informed me that I would be a candidate for a partial knee replacement on the medial side of the knee. My question is: Will the partial knee replacement be approved by Pennsylvania’s workers compensation?

    Stephen, Hope to hear from you soon!

    Big M May 4, 2016  #149

  • My name is Barry Frasure I NEED help! Doctors said I weigh to much for knee replacements but I am the only one working. I drive a truck and am constantly in and out of truck all day long and it’s killing me I am eating anything I can get to help with pain staying sick to stomach all the time and hurting so bad I sit and cry going down road. Please help me I am begging you please. I just can’t go on this way please.

    Barry F. May 3, 2016  #148

  • Roger, do you have a disability policy through your employer? If so, and you can’t work then you would certainly have a claim to make for benefits under same.

    Stephen Jessup May 3, 2016  #147

  • I AM 58 YEARS OLD, BEEN AT THE SAME COMPANY 38 YEARS. I HAD A KNEE RELACEMENT ON MARCH 9 2016. I NEED TOTAL KNEE REPLACEMENT ON MY OTHER KNEE AND I AM NOT RECOVERING VERY WELL. DO I HAVE A CASE? MY FAMILY DOCTOR THINK THAT I CAN NOT EVER GO BACK TO DO CONSTRUCTION MAIN WORK.

    ROGER Apr 30, 2016  #146

  • Rebecca, do you have an employer provided disability policy you are covered under? If so you could be eligible for benefits based on the surgery.

    Stephen Jessup Apr 27, 2016  #145

  • Since I was 9 years old both of my knees have disclosed every single year at least twice. I have suffered with over 25 knee dislocations, because of this I am having knee surgery on both my knees which would result in me being off work for 3 months. Am I entitled to any benefits whole I’m off work?

    Rebecca Apr 26, 2016  #144

  • Robert, do you have private disability coverage through the state? If so and you cannot physically do your occupational duties you very well could be eligible for benefits. Please feel free to contact our office with a copy of your policy to discuss your options and how we may be able to assist you.

    Stephen Jessup Apr 20, 2016  #143

  • My knee had ACL/PCL reconstruction surgery in 1979. After 35 years my knee is loose, unstable and shows signs of arthritis (bone on bone). My orthopedist says it is inoperable and I will have to wear a knee brace. My work is dangerous with a healthy knee. My State job as a construction inspector requires that I climb ladders into attics, walk rafters, and inspect in confined spaces, in addition to walking long distances. Driving a State vehicle I do not have the option of taking pain medication. What are my chances of filing for disability based on this negative prognosis?

    Robert Apr 19, 2016  #142

  • Matthew, yes, if you are not able to work at this point then I would definitely get a claim established prior to the date you are laid off to have any chance of securing a STD claim.

    Stephen Jessup Apr 19, 2016  #141

  • I’m 38 and need bi lateral knee replacement. A recent MRI revealed a failed ACL and other damage beyond the osteoarthritis. I scheduled a surgery for May 9th. Now I find out I will be getting laid off May 4th. I work on an oil drilling rig. Would a doctors recommendation of not returning to work qualify my to file a claim through my employer provided std policy?

    Matthew Apr 16, 2016  #140

  • I have been experiencing my knee pain for quite some time. My knee always feel like it wants to give and sometimes buckles on average when I’m at work. It hurts when I drive for more than 15-20 minutes every time. I haven’t went to doctor yet, but I think I am now. Don’t won’t to miss work because I need my job.

    Gilbert F. Mar 30, 2016  #139

  • Ivan, we only handle claims for disability benefits under private or employer provided disability insurance policies. You would need to contact an attorney that handles social security matters.

    Stephen Jessup Mar 29, 2016  #138

  • Just applied for SSI and waiting for them to contact me I have a tear LCL so if I get denied can you guys take care of this matter for me?? Can’t get surgery yet. High blood pressure now my doctor is stalling and I need my knee go in to surgery ASAP can’t take this pain anymore and now my doctor giving me the run around can you help me with any advice or what can I do to get surgery ASAP.

    Ivan V. Mar 28, 2016  #137

  • John, does your employer provide disability insurance coverage?

    Stephen Jessup Mar 3, 2016  #136

  • Hi
    My name is John. Im a 46 year old male. Damaged both knees at work in 2014. Workers comp has been handling things in a very slow manner. Both knees have been operated on and they were not successful. It appers that at least one knee needs to be replaced but the doctor says i don’t qualify because im to young. Would I qualify for disability?

    John Mar 2, 2016  #135

  • Blanche, disability from whom, the Social Security Administration or a private disability insurance carrier?

    Stephen Jessup Feb 21, 2016  #134

  • Hello, I appreciate your help, I am unsure if I have a claim, I need knee replacement on my right knee due to degeneration of the knee, imjury and hyperextension. I’ve had 2 surgeries: meniscus and scar tissue removal abt 1998 and in Dec of 2015 I had ACL reconstruction, the doctor told me my knee is not going to heal and I need knee replacement, but I am only 47 yrs old and they want me to wait until I am at least 55 yrs old. I have insurance but my deductible is over $6,000 and I already have accumulated medical bills that I can not pay. 5yrs ago I had ACL reconstuction surgery on my left knee as well and it is showing signs of deterioration as well. The left was bone on bone before the ACL surgery and is worse now. I cannot bear weight on it and even a OA unloader brace doesn’t help. I am an Auto detailer and I cannot perform my work. It even hurts sitting and sleeping. Is there a chance I qualify for disability? I dont know how I am ever going to afford this surgery. I need a hearing aid and shoulder surgery, I have osteoarthritis in my neck and back as well. Please any advice will be greatly appreciated.

    Blanche Feb 20, 2016  #133

  • Mark,

    Since you went out of work have to filed for any type of disability through your employer? Do you have disability coverage? If so you many want to strongly consider filing a claim under same. Please feel free to contact our office to discuss how we may be able to assist you if you do in fact have disability insurance coverage.

    Stephen Jessup Jan 21, 2016  #132

  • I fell at work and injured my knee. I went to a very well known and respected dr. through workmans comp. He treated me for three yrs. by giving shots in knee then he went in and scraped it. I worked through all this. They then released me from comp and he said that’s all he could do. I have worked another yr and the pain is getting worse. I went to another dr., he gave me a shot and it didn’t help. I have been out of work now for 2 months and my knee gets sore from only driving. I am 56.

    Mark Jan 20, 2016  #131

  • My Name Ron, I have no insurance. Working on bad Knees for 15 Years. Need both replaced, I am Swimming Pool Installer, in MO. Did not hurt My Knees at the job I have now. But I do not think I’ll be able to do my Job any more. My Boss has been real nice about it, as my Knees have started hurting so bad. And now he is telling Me He does not think I’ll be able! To Dig or get in or out of a hole. In ground Pools starting depth about 4 Feet, must be able to climb. I also run Bobcat. Must use Feet this is very hard on my Knees so painful. What should I do?

    Ron H. Jan 4, 2016  #130

  • Ron,

    If you do not have a private or employer provided disability insurance policy your only option may be to file for Social Security disability. We do not handle SSDI claims, but please feel free to contact our office and we can help get you in touch with an attorney who may be able to assist you.

    Stephen Jessup Jan 3, 2016  #129

  • Travis,

    Are you covered under Goodyear’s disability insurance policy. If you are unable to perform your duties and your doctors are willing to support your disability then it is definitely a viable option for you.

    Stephen Jessup Dec 21, 2015  #128

  • I was hit by a car July 29 2014 while riding my motorcycle my left leg and knee mostly took the brute force, i am still out of work and still going through alot with my knee it stays swollen aches and gets stiff im having to walk with a cane. I have a lawsuit with the person who hit me and there insurance company. Doni have a good chance to receive disability. My job requires me to stand for 12 hours on a production line at Goodyear.

    Travis L. Dec 17, 2015  #127

  • Ron,

    Unfortunately we do not handles SSDI claims. However, please feel free to contact our office and we can assist you in contacting an attorney to assist you.

    Stephen Jessup Oct 27, 2015  #126

  • Hello… I am 42 years. I have been in law enforcement for ten years. In January 2012 while I was at work and I partial torn my ACL and I had a meniscus tear. I also had surgery on my meniscus in January 2013. In September 2013 my job retired me due to my injury and started giving me my pension. In June 2015 I had a MRI done and it showed a partial ACL tear, PCL partial tear, another meniscus tear, arthritis and fluid in my knee. My knee buckle, swelling, pop, lock, I have a lot of pain, and stiffness. Due to my injury I stay in pain and someday I can leave my house because of the pain, swelling and stiffness. I haven’t work since i retired two years ago. My doctor told me that I will need a knee replacement in future. The only reason that they will not do the knee replacement because I am too young for a knee replacement. Do you think I will be able to receive social security.. Thank you

    Ron Oct 26, 2015  #125

  • Paula,

    Did you have a disability insurance policy through your former employer? If so, how long ago did you leave your job? If you did not file a claim prior to leaving your job you may arguably be without any coverage and your only option would be to file for SSDI.

    Stephen Jessup Oct 21, 2015  #124

  • Dear sirs,
    I left my job of 20 plus years because I could not stand or walk on my knee anymore, have done everything medically possible besides a surgery and am now taking care of my mom that was in a nursing home. Would it be possible to get disability ? I am 55 years old. No money coming in.

    Paula Oct 21, 2015  #123

  • Cindy,

    Do you have disability insurance coverage through your employer? If so, have you explored the possibility of filing for disability?

    Stephen Jessup Oct 19, 2015  #122

  • I have aseptic loosening. I had a knee replacement 2 years ago. I am told I now need a knee revision. I work as a nurse and am missing alot of time from work because of the knee pain.

    Cindy Oct 18, 2015  #121

  • Heena,

    If your mother does not have a private disability insurance policy her only possible options would be SSDI or State Insurance (if the state you live offers same). If she will only be disabled for 6-7 months she may not be eligible for SSDI disability.

    Stephen Jessup Oct 14, 2015  #120

  • My mom just had a full knee replacement surgery on her both knees. She is 50. She used to work 45 hrs a week. She can not work for next 6 or 7 months. Would she be qualified to get any disability benefits? She is covered under my dad’s insurance.

    Heena Oct 13, 2015  #119

  • Dorothy,

    Unfortunately, we only handle claims for disability under private and employer provided disability insurance policies. It would appear from your comment that you do not have employer provided disability insurance coverage. As such, your only option may be to file for Social Security disability benefits.

    Stephen Jessup Oct 12, 2015  #118

  • Beth,

    Do you have a disability insurance policy from your employer that you are eligible for benefits under? If so, we would gladly review same to advise you of your options in filing a claim under same.

    Stephen Jessup Oct 12, 2015  #117

  • Dear Sir,
    I am a 53 year old woman who suffered a slip and fall in October 2014. I fell on my right knee and hurt both my knee and my hip a year ago. I filed a claim with the insurance carrier of the location where I fell and they only allowed $5,000 for medical bills and emergency bills. I was referred to an attorney and he gladly took my case, he sent me to a clinic for therapy then within a few weeks he said the $5,000 had ran out and that I had to stop therapy, within a couple of months, my knee worsen, I woke up with a swollen knee and now I can barely walk. I am unemployed, in pain, unable to walk, I limp and broke! I had to relocate to another state to stay with a family member until I can get back on my feet, physically and financially. I go to interviews limping and no one wants to hire me, not only because of my age, but my condition is not getting any better. Please help me!

    Dorothy Oct 11, 2015  #116

  • I am 64 years old and work 40 plus hours a week mostly standing and walking. I have degeneration and bulges in many discs in my spine as well as torn meniscus in left knee and have been diagnosed with Chondomalacia. I am in more pain each day with back and knees. Thinking of filing for disability till I am 66 at which time I will retire. What do you think are my chances?

    Beth Oct 11, 2015  #115

  • Sam,

    I am unsure from your comment if you were apply for Private Disability or Social Security disability? If you are still working you may be covered under an employer provided disability policy. If you are not covered under a private policy your only option would be to pursue SSDI benefits. We do not handle SSDI claims but we can assist you in finding an attorney does if you are in need of one.

    Stephen Jessup Oct 5, 2015  #114

  • Hi, my name is Sam, I am 45 years old I had arthroscopic surgery on my right knee in 2003; it was discovered that there is no cartilage there and I now have bone on bone arthritis in the right knee. I have apply for disability and was denied, got an attorney so he represented me but his advice while representing was to still work because it would look good to the judge so I found a job doing floor care then my case was looking good but then my attorney called and told me I made to much money so he was able to collect a close period amount for me. So now my knee has gotten worse over the last 12 years because of the type of jobs I have held so I have problems with left knee because I have favored the right Knee so much. I have a job doing security, it no a hard job at all but I am having problems just putting my weight on my knee, it is very painful. I have the option to sit also but then they lock up when it time for me to stand, is there anything I can do? I work 40 hrs a week and I know that doesn’t help trying to get disaility. I was told if I become part time that I would have a good chance of getting disability, can you help me or give me advice?

    Sammie B. Oct 3, 2015  #113

  • Jeanette,

    We only handle claims for private disability insurance- you will need to consult with a SSDI attorney. Please feel free to contact our office and we can assist you in contacting one in your area.

    Stephen Jessup Oct 1, 2015  #112

  • I am 56 years old I was diagnosed with Bilateral knees. I had my left knee totally replaced on 07/27/2015. I will get the right knee done when the left knee is strong enough. I am in physical therapy in a lot of pain with my new left knee and my right knee which will be replaced soon. I can barely walk. I also have sleep apnea, type 2 diabetics and high blood pressure. I applied for SSDi was turned down.

    Jeanette Sep 30, 2015  #111

  • Shelby,

    Unfortunately, we only handle private disability claims. However, we can assist you in finding a SSDI attorney to assist you. Please feel free to contact our office for same.

    Stephen Jessup Sep 29, 2015  #110

  • I am applying for SSI

    Shelby Sep 29, 2015  #109

  • I suffer from an Complete ACL tear and partial LCL from 3 years ago..my knee is bone on bone and my right knee has also been effected by this as well as my ankle stays swollen all the time..Along with these health issues I also Have suffered from dibilatating anxiety,sleep apnea. scoliosis, extreme fibromyalgia, ostothrosis of left leg as well as tendinitis in left arm and osteoarthritis from the injury of leg. I also have been recently diagnosed post traumatic stress syndrome from mentsl health..I am waiting for a hearing and it took me 16 months just to get to this stage..The first attorney represenitive did not get any info on my leg where I was turned down from surgery from a Top sports physician at UVA or info from orthepedics stating I never got the brace I needed to stabilze my leg….I am on a extreme amount of pain meds to help with all the pain..I am 44 years of age and I have an college degree….Do you have any ideas of anything I need to do to present my case and if you were looking at my case would you take it?

    Shelby Sep 28, 2015  #108

  • Joshua,

    If you are not currently covered under any disability insurance policy your only possible source for disability benefits would be social security, if you meet the requirements of same.

    Stephen Jessup Sep 25, 2015  #107

  • I have a lot of knee pain and its very hard for me to work or even hold a job. I have torn minuscus and a couple torn ligaments. What do I do?

    Joshua C. Sep 24, 2015  #106

  • Kevin,

    If your employer provides disability insurance coverage and you are eligible for same you could file a claim for benefits.

    Stephen Jessup Aug 31, 2015  #105

  • I had complete acl reconstruction and both Mencius were torn. I will be out of work for at least six months and seriously doubt I will be able to go back to the same job because of my injuries. I won’t be able to pay bills soon, what options do I have?

    Kevin Aug 31, 2015  #104

  • Shirley,

    If you have sufficient work credits then you could apply for SSDI- you will need to contact a SSDI attorney as it relates to same. Should you need assistance we can certainly help you in finding one. Additionally, does your employer provide disability insurance coverage, as you may be able to make a claim under same?

    Stephen Jessup Aug 29, 2015  #103

  • Hi. I work at an automobile factory in ms. I’ve had one partial knee replcement in March 2015. Went back to work in July. The pain in my knees is unbearable. I have osteoarthritis. We work 6 days a week. I was sent home a couple of times because I can’t walk. I work on an assembly line, its tough. Could I possibly apply for ssdi, I been there 12 years and I’m 51.

    Shirley Aug 28, 2015  #102

  • Diana,

    No, a disability insurance carrier cannot require you to undergo surgery as a requirement to receive benefits.

    Stephen Jessup Jul 19, 2015  #101

  • I’m on Long Term Disability. My Doctor says I need knee replacement but I’m a chicken and do not wish to have surgery at this time. Mostly because I have had 4 surgery on that knee I know how hard it is to recover. I also have a lower back bulging disc, etc.
    My doctor has me out complete from work since dec 10 2014. Can the LTD force me to have surgery and if I don’t can they make me go back to work?

    Diana Jul 18, 2015  #100

  • Zavious,

    If you do not have any additional disability insurance coverage or live in a state that offers state disability coverage then most likely not (as SSDI requires being disabled for a year). Please also note that any other sources of disability would most likely result in an offset under your employer STD plan.

    Stephen Jessup Jul 14, 2015  #99

  • I really had surgery on my knee bout a month ago. I had a torn lcl. I can barely walk, stand for a long period, I can’t squat at all, and can’t raise my leg too high or bend. And if my leg straighten up while walking it’s puts me in very server pain and gives out. I’m currently getting STD from my job, but and I eligible for any other disability program.

    Zavious Cullars Jul 14, 2015  #98

  • Em,

    If your employer provides disability insurance coverage then you may very well be eligible to file a claim for benefits. Please feel free to contact our office to discuss your situation and for a review of your policy information.

    Stephen Jessup Jul 8, 2015  #97

  • I am a 53 year old female. I injured my right knee 10 years ago and had arthroscopic surgery to repair torn meniscus that ended up being removed instead. I do not have medical insurance therefore do not have the ability to have a knee replacement surgery which is what I need. This has caused stress to my left knee and hip as I over compensate for the pain in the right knee. I also have spondylithesis and the bone is pressing directly on my nerve. I have been on 600 mg or nuerotin 3 X daily for years and have been trying to function through all of the pain to the best of my ability. Working is becoming more and more difficult as both of these problems worsen and therefore so does the pain. Am I eligible for long term disability until I am of the retirement age? I will be 54 in November.

    Em Jul 7, 2015  #96

  • Mo,

    Do you have a private or employer provided disability insurance policy?

    Stephen Jessup May 29, 2015  #95

  • Mo,

    Do you have a private or employer provided disability insurance policy?

    Stephen Jessup May 21, 2015  #94

  • After 3 years I finally had a MRI done on my right knee. The Dr. told me I need knee surgery. Should I apply for disability or ssi?

    Mo' May 20, 2015  #93

  • Evelyn,

    It really depends on the language in the policy. Some policies require that the disability that resulted in STD be the same condition that causes LTD. You will need to secure a copy of your policy(ies) to determine how your carrier defines disability.

    Stephen Jessup Apr 21, 2015  #92

  • I am currently receiving short term disability through my employer (employed there 3 years) – as I had a total knee replacement in February 2015. I’m currently in physical therapy. The doctor now tells me I need rotator cuff shoulder surgery of my shoulder again (previous surgery of that shoulder was January 2014). This will extend my disability and put on long term disability as recovery is extensive. Can they deny any benefits because I went out on disability for a knee and its now going to be knee and shoulder?

    Evelyn Apr 20, 2015  #91

  • Guido,

    Re-open case as to what? Disability or Worker’s Compensation? If your claim was for benefits under a short term disability claim, and you were released to return to work and your claim was closed – you may not have any additional coverage under the policy as of the date your employment was terminated.

    Stephen Jessup Mar 27, 2015  #90

  • I hurt my knee working for a company in Baltimore MD, moved to California and got surgery done and I was on short time disability. I got released from the Dr. 4 month after the surgery. I don’t work for the company any more but my knee problem got worse. What options do I have to reopen my case?

    Guido Mar 26, 2015  #89

  • Ashley,

    Part time employees are not typically covered under an employer provided disability policy, and if you were covered the fact that you quit your job would mean coverage ceased at that time. The social security administration requires sufficient work credits to be covered for disability, which you may not be eligible for due to limited work history, that and your age would most likely preclude you. Unfortunately, there may not be any options for you for disability.

    Stephen Jessup Mar 24, 2015  #88

  • Robert,

    I would recommend you first contact a Worker’s Compensation attorney to discuss your rights. If you never filed a claim for disability benefits under an employer provided disability policy you may be time barred from doing so now. Your only option may be to file for Social Security disability. If your employer does/did offer disability coverage, secure a copy of the policy(ies) and feel free to contact our office to discuss.

    Stephen Jessup Mar 24, 2015  #87

  • I am only 18 years old and had knee surgery a few years ago because I had a sack of fluid on my knee and scared tissue. They removed the sack and the tissue and for a few months I felt fine. But I started working a park time job and my knee started to hurt really bad and gave out on me while I was working. It hurts for me to stand or walk for a period of time, even while wearing a knee brace. I had to quite my job because of my knee but need some income in my house. Would it be hard for me to get disability and how could I do it?

    Ashley McConkey Mar 23, 2015  #86

  • I injured my left knee at work due to a stool slipping out from under me. Ortho told me I have a tear, loose body and contution. Workers comp refuses to do surgery baseing this on a sprain strain. I also have deginerative joint disorder. This accident happened close to 3 years ago. The workers comp doctor gave me a 4% improvement rateing but still haven’t returned to work due to restrictions. My spouse who is a RN and my doctor both say sprain doesn’t last for more than 8 weeks and both suggest that I claim disability. Still taking perscribed meds since date of injury. What do I do and can I apply for disability, I would appreciate your opinion.

    Robert Butcher Mar 23, 2015  #85

  • Gabe,

    We handle claims for disability under private or employer provided insurance plans. You will need to consult with a social security attorney – we can assist you in finding one.

    Stephen Jessup Feb 27, 2015  #84

  • I filled a claim for SSD for 2 herniated disc L4-L5 n L5-S1 with posterior annular fissures and left knew pain from sprain/patellar tendonitis. Both of the first 2 conditions happened when I was in active duty in the army. I been out since june 2012. I’m 30% disabled by the army but soon it should be 50% for those 2 injuries. Also I claim sciatica pain, depression with some on-and-off suicide thoughts, insomnia, anxiety and panic attacks. My claim was done in January 8. Now after that my neurosurgeon diagnose spondylolisthesis wich I submitted to the SSA Office. I gave the SSA Office almost 200 pages of medical records going all the way back to the end of 2011. I’m also taking the medications tramadol, Xanax, trazodone and venlafaxine – the last was recently given to me as substitute of zoloft because of the secondary effects… but anyway I’m having trouble with so many medications plus I have experienced bowel and bladder loss of control… So the reason I’m writing is because I’m trying to find if my case is strong enough to win? And I want to be ready before my initial claim is denied since apparently almost everybody is denied at first. How can you guys help me?

    Gabe Feb 26, 2015  #83

  • Garth,

    If you are still considered an employee and more importantly, still covered under any short or long term disability policy provided by your employer than you may be able to make a claim for benefits under same.

    Stephen Jessup Feb 22, 2015  #82

  • When I was 19 I flipped my dirt bike. I had knee reconstruction. I am now 51 and the knee got so bad it got replaced, but had two wait two months before surgery. Unemployed due medical restriction and it will be 4 weeks before I get restrictions lifted. Do i have any way to financial help for this time? I am still considered an employee with return, date, just on leave of absence.

    Garth Garness Feb 21, 2015  #81

  • Greg,

    Do you have a disability insurance policy through your employer? If so, you might be eligible for benefits under same. If you do not have any form of private or group disability coverage your only option would be to explore Social Security disability.

    Stephen Jessup Feb 12, 2015  #80

  • Joshua,

    You will have to review any disability insurance offered by your employer that you are covered under. If you have no disability coverage there may be no source of income available.

    Stephen Jessup Feb 11, 2015  #79

  • I have had lower back pain for 20+ years. Almost 3 yes ago I had bilateral knee replacement. I had more pain in spine ever since the surgery. I work at a large busy garden center (primary physical calls it the Olympics of garden centers). I was off for 5 months and returned part time for 2 months. I have not been able to work without pain since. I have just found out I also need surgery for laminctomy. Do I qualify for disability? I’m 44 and have insurance.

    Greg Feb 11, 2015  #78

  • Terri,

    Did you have a disability policy through your employer? If not your only option may be to file for Social Security disability.

    Stephen Jessup Feb 10, 2015  #77

  • Morgan,

    You will need to speak with a Social Security attorney as to any possible route he may have for benefits under the SSDI.

    Stephen Jessup Feb 10, 2015  #76

  • I have a torn ACL in my right knee it happened when I was 15. I am now 23 and it is bothering me and it keep getting re-injured. I am wanting to have surgery done to it. How will I go about getting income for the time I am off at work?

    Joshua Feb 10, 2015  #75

  • Hi, I am an unemployed 51 year old with left knee arthritis and very poor mobility the last year or so. I was currently a CNA for the last 25 years and have never performed any other work. I also have arthritis in both hands. I was out on workman’s comp. last year and was unable to return because of continued joint problems. I have not applied for disability as of yet but was wondering if I have any chance of qualifying. Thank you for your input.

    Terri Feb 9, 2015  #74

  • My husband was mugged and shot in the knee when he was 21 years old. He is now 30 with a full knee replacement. He has been unable to hold down a job due to his inability to walk, lift, drive etc. He has been denied disability as he did not accrue enough “credits” to collect social security disability. It was my impression that since he was under the age of 22 when he was injured, he should have gone under his parents information as he could not have accrued the needed credits to apply for himself when he was first injured. He now has to be very careful with his new knee since he will have to have at least 2 more replacements throughout his lifetime. What would be the best route to take? We are not looking for full disability benefits but he is unable to work as much as an able bodied person.

    Morgan Wright-Bostick Feb 9, 2015  #73

  • Regina,

    Do you have a private or employer provided disability insurance policy? If not, your only option may be Social Security if you have sufficient work credits – that being said your age would probably preclude you from receiving SSDI benefits.

    Stephen Jessup Feb 5, 2015  #72

  • I have knock knee and arthritis in my knees with makes doing a lot of things. like standing walk and climbing stairs. very painful. I was just told I do need a knee replacement but with only being 28 they are going to wait to do so. They would like to wait till I’m at least 40 to do a surgery which means for the next 12 years I have to live in a lot of pain which makes it very hard to work. Would I even be eligible for any kind of benefits?

    Regina Feb 4, 2015  #71

  • Samantha,

    If you have sufficient work credits to be eligible for SSDI then you can certainly apply. If you need assistance in finding a SSDI attorney please feel free to contact our office.

    Stephen Jessup Jan 27, 2015  #70

  • I had knee meniscus surgery on Aug. 28, 2014 and I have arthritis in my knee and I have not worked in 4 years. Can I get SSI? I’m a diabetic and I have high blood pressure.

    Samantha Jan 26, 2015  #69

  • Sonya,

    If you have disability insurance coverage from your employer then you may be eligible for benefits. However, being eligible does not mean your claim will be approved. Please feel free to contact our office to discuss how we may be able to assist you in applying for benefits.

    Stephen Jessup Dec 25, 2014  #68

  • Hello,

    I had a autoscopy done a year ago. My right knee is swelling, locks up and is in pain daily. I have a desk job and it painful to sit 8 hours a day. My left leg is also affected by this and I miss many days from work due to pain and Dr. appointments. Am I eligible for disability?

    Thank you.

    Sonya Dec 24, 2014  #67

  • Darrell,

    If you cannot work your only viable source of income may be through your short or long term disability policy.

    Stephen Jessup Dec 17, 2014  #66

  • I just had surgery on my knee, I still have the pain that cause me to have surgery. I work in a factory and is required to get up and down for 10 hours a day, I am still unable to get up and down stairs. I have disability insurance on my job but they try not to put you out on disability. What can I do?

    Darrell Dec 16, 2014  #65

  • 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.

    Stephen Jessup Nov 30, 2014  #64

  • 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.

    Mike M. Nov 29, 2014  #63

  • 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.

    Stephen Jessup Nov 25, 2014  #62

  • 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?

    Sharon Nov 24, 2014  #61

  • 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.

    Stephen Jessup Nov 23, 2014  #60

  • 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?

    Crystal Nov 22, 2014  #59

  • 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.

    Stephen Jessup Sep 11, 2014  #58

  • 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?

    Nick Sep 10, 2014  #57

  • 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.

    Stephen Jessup Aug 14, 2014  #56

  • 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

    Steve Aug 13, 2014  #55

  • Debbie,

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

    Stephen Jessup Jul 10, 2014  #54

  • 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?

    Debbie Jul 9, 2014  #53

  • 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.

    Stephen Jessup Jun 27, 2014  #52

  • 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.

    Stephen Jessup Jun 26, 2014  #51

  • 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.

    Tamara G. Jun 26, 2014  #50

  • 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!

    Jeff Jun 25, 2014  #49

  • Rick,

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

    Stephen Jessup Jun 17, 2014  #48

  • 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!

    Rick Jun 16, 2014  #47

  • 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.

    Stephen Jessup Jun 13, 2014  #46

  • 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?

    Cynthia Jun 13, 2014  #45

  • 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.

    Stephen Jessup Jun 11, 2014  #44

  • 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?

    Chaquita McGee Jun 10, 2014  #43

  • Mandi,

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

    Stephen Jessup Jun 4, 2014  #42

  • 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?

    Mandi Jun 3, 2014  #41

  • Stephanie,

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

    Stephen Jessup Apr 24, 2014  #40

  • 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?

    Stephen Jessup Apr 24, 2014  #39

  • 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

    Stephanie Apr 23, 2014  #38

  • 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

    Sue Apr 23, 2014  #37

  • 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.

    Stephen Jessup Apr 20, 2014  #36

  • 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?

    Tori Apr 19, 2014  #35

  • 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.

    Stephen Jessup Mar 20, 2014  #34

  • 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?

    Stacy Mar 19, 2014  #33

  • Denice,

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

    Stephen Jessup Mar 4, 2014  #32

  • 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?

    Denice Dameron Mar 3, 2014  #31

  • 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.

    Stephen Jessup Feb 26, 2014  #30

  • 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?

    Denice Dameron Feb 25, 2014  #29

  • 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.

    Stephen Jessup Feb 20, 2014  #28

  • 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.

    Mike Feb 19, 2014  #27

  • Trez,

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

    Stephen Jessup Feb 18, 2014  #26

  • 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?

    Trez Feb 17, 2014  #25

  • Craig,

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

    Stephen Jessup Feb 15, 2014  #24

  • 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

    Craig Feb 14, 2014  #23

  • Patricia,

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

    Stephen Jessup Jan 3, 2014  #22

  • 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?

    Patricia Roberts Jan 2, 2014  #21

  • 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.

    Gregory Dell Dec 23, 2013  #20

  • 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?

    Cheryl Dec 22, 2013  #19

  • Ken,

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

    Stephen Jessup Dec 3, 2013  #18

  • Leslie,

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

    Stephen Jessup Dec 3, 2013  #17

  • 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?

    Ken Dec 2, 2013  #16

  • 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?

    Leslie Collins Dec 2, 2013  #15

  • 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.

    Stephen Jessup Oct 24, 2013  #14

  • 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?

    Dan Oct 23, 2013  #13

  • 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.

    Stephen Jessup Oct 2, 2013  #12

  • 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.

    Joelle Oct 1, 2013  #11

  • 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.

    Stephen Jessup Aug 17, 2013  #10

  • 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.

    Julie Richey Aug 16, 2013  #9

  • 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.

    Stephen Jessup Jul 25, 2013  #8

  • 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?

    Carlos Jul 25, 2013  #7

  • 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.

    Stephen Jessup Jun 21, 2013  #6

  • 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?

    Bailey Jun 20, 2013  #5

  • 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.

    Gregory Dell Mar 1, 2013  #4

  • 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?

    Mike Feb 28, 2013  #3

  • 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.

    Gregory Dell Mar 8, 2012  #2

  • 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?

    John Mar 8, 2012  #1

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What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Daniel G. (Illinois)

I am so grateful to Rachel Alters and her staff for helping me with my uncle’s claim! She was amazing. This was a very difficult case, because my uncle was mentally disabled. He had failed to immediately make a claim, because he was too disabled to even do the simplest of tasks. As soon as I found out about my uncle’s disability policy, I called several attorneys. They were hesitant to work with my uncle, because of the extensive work involved with backdating his claim. I then called Dell & Schaefer and it was one of the best decisions that I have ever made. They patched me through to Rachel Alters and the rest is history.

She worked diligently to backdate my uncle’s claim and to secure his rights to future disability payments. We still have a long road ahead of us with regards to my uncle’s disability, but I am so grateful to her for securing his right to disability payments. We will be able to use this money to make sure that he gets the health care that he needs.

Disability insurance is a complex business. As an attorney myself, I can tell you that when it comes to disability insurance, you really need somebody in your corner to make sure that your rights are protected. There is nobody that I would rather have in my corner than Rachel Alters.

***** 5 stars based on 202 reviews

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