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

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

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

Our Disability Attorneys Understand Knee Disorders

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

The most common causes of knee pain include:

  • Arthritis, for which there are many available treatments. Two common types of arthritis which cause knee pain are septic arthritis and rheumatoid arthritis.
  • Septic arthritis – an infection of the knee joint which leads to pain, swelling and redness.
  • Rheumatoid arthritis – the most debilitating type of arthritis. Causes pain, swelling, stiffness and loss of motion in the knee.
  • Osteoarthritis – the most common type of arthritis in which the cartilage in your knee breaks down due to use and age, also called degenerative arthritis.
  • Hyperextension of the knee joint
  • Knee bursitis
  • Injuries to the Anterior Cruciate Ligament Injury (ACL), Posterior Cruciate Ligament Injury (PCL) or Medial Collateral Ligament Injury (MCL)

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

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

Resources for Disabling Knee Conditions

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

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

There are 193 opinions so far. Add your comment below.


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

Attorney Greg Dell:


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.


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

Attorney Greg Dell:


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.


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

Attorney Stephen Jessup:


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.


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

Attorney Stephen Jessup:


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

Julie Richey:

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

Attorney Stephen Jessup:


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.


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

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

Thank you for your time.

Attorney Stephen Jessup:


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.


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

Attorney Stephen Jessup:


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

Leslie Collins:

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


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

Attorney Stephen Jessup:


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

Attorney Stephen Jessup:


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


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

Attorney Greg Dell:


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

Patricia Roberts:

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

Attorney Stephen Jessup:


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



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.


Attorney Stephen Jessup:


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


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

Attorney Stephen Jessup:


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


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

Attorney Stephen Jessup:


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

Denice Dameron:

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

Attorney Stephen Jessup:


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

Denice Dameron:

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

Attorney Stephen Jessup:


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


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

Attorney Stephen Jessup:


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.


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

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

Attorney Stephen Jessup:


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.


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,



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,

Attorney Stephen Jessup:


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

Attorney Stephen Jessup:


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


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

Attorney Stephen Jessup:


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

Chaquita McGee:

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

Attorney Stephen Jessup:


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.


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

Attorney Stephen Jessup:


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.


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

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

Thank you for your help!

Attorney Stephen Jessup:


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


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

Tamara G.:

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

Attorney Stephen Jessup:


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

Attorney Stephen Jessup:


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.


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

Attorney Stephen Jessup:


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


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.


Attorney Stephen Jessup:


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.


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

Attorney Stephen Jessup:


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.


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

Attorney Stephen Jessup:


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.


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

Attorney Stephen Jessup:


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

Mike M.:

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

Attorney Stephen Jessup:


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.


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?

Attorney Stephen Jessup:


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



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.

Attorney Stephen Jessup:


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.


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.

Attorney Stephen Jessup:


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.


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?

Attorney Stephen Jessup:


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.

Morgan Wright-Bostick:

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.


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.


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?

Attorney Stephen Jessup:


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

Attorney Stephen Jessup:


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


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.

Attorney Stephen Jessup:


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.

Attorney Stephen Jessup:


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.

Garth Garness:

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.

Attorney Stephen Jessup:


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.


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?

Attorney Stephen Jessup:


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.

Robert Butcher:

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.

Ashley McConkey:

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?

Attorney Stephen Jessup:


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.

Attorney Stephen Jessup:


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.


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?

Attorney Stephen Jessup:


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.


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?

Attorney Stephen Jessup:


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.


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?

Attorney Stephen Jessup:


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

Attorney Stephen Jessup:


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


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.

Stephen Jessup:


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.

Zavious Cullars:

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.

Attorney Stephen Jessup:


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.


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?

Attorney Stephen Jessup:


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


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.

Attorney Stephen Jessup:


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?


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?

Attorney Stephen Jessup:


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

Joshua C.:

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?

Attorney Stephen Jessup:


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.


I suffer from an Complete ACL tear and partial LCL from 3 years 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?


I am applying for SSI

Attorney Stephen Jessup:


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.


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.

Attorney Stephen Jessup:


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.

Sammie B.:

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?

Attorney Stephen Jessup:


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.


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?


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!

Attorney Stephen Jessup:


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.

Attorney Stephen Jessup:


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.


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.

Attorney Stephen Jessup:


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.


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.

Attorney Stephen Jessup:


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


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.

Attorney Stephen Jessup:


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.


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

Attorney Stephen Jessup:


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.

Travis L.:

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.

Attorney Stephen Jessup:


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.

Attorney Stephen Jessup:


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.

Ron H.:

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?


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.

Attorney Stephen Jessup:


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.


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.

Attorney Stephen Jessup:

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


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?

Attorney Stephen Jessup:

John, does your employer provide disability insurance coverage?

Ivan V.:

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.

Attorney Stephen Jessup:

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.

Gilbert F.:

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.


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?

Attorney Stephen Jessup:

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.


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?

Attorney Stephen Jessup:

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.


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?

Attorney Stephen Jessup:

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.



Attorney Stephen Jessup:

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.

Barry F.:

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.

Big M:

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!

Attorney Stephen Jessup:

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.

Attorney Stephen Jessup:

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.

Faith Hill:

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…….

Attorney Stephen Jessup:

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.


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?

Attorney Stephen Jessup:

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.


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

Attorney Stephen Jessup:

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

E. Rivera:

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.

Attorney Stephen Jessup:

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, 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?

Attorney Stephen Jessup:

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?


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????

Attorney Stephen Jessup:

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.


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.

Attorney Stephen Jessup:

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.


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.

Attorney Stephen Jessup:

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.


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.

Attorney Stephen Jessup:

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.

Tina P.:

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.

Attorney Stephen Jessup:

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.

LaShanna B.:

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.

Attorney Stephen Jessup:

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.


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?

Attorney Stephen Jessup:

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.


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.

Attorney Stephen Jessup:

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.

Jeffrey G.:

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?

Attorney Stephen Jessup:

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.


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.

Attorney Stephen Jessup:

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.


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?

Attorney Stephen Jessup:

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.


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?

Attorney Jay Symonds:

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.


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?


Attorney Rachel Alters:

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?


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?

Attorney Cesar Gavidia:

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.


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?

Victor Peña:

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.



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.

Attorney Jay Symonds:

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.

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