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Illinois Orthopedic Disability Attorney

Orthopedic Issues Disability Attorneys – Get the Benefits You Deserve

Orthopedic medical conditions generally affect a person’s muscles, bones, and joints. They range in severity from minor conditions of short duration that may cause discomfort and pain to severe, long-term, and disabling conditions that interfere with a person’s ability to engage in work activities.

When orthopedic issues interfere with a person’s ability to perform work activities, orthopedic disability benefits may be the solution to the financial struggles that inevitably ensue. Monthly payments and medical coverage through the Social Security Disability Insurance and Supplemental Security Income programs help, but qualifying for orthopedic disability is not easy.

The majority of applications submitted for disability benefits do not get approved during the initial review process. Challenging an unfavorable outcome through an appeal process can offer a solution, but you must navigate complex regulations and procedures. Depend on the accomplished orthopedic disability attorneys at the GCC Law Firm to skillfully guide you and your claim through the application review process and, if necessary, an appeal of an unfavorable decision.

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Types of Disability Claims for Orthopedic Issues

The Social Security Administration offers two programs for filing disability claims for orthopedic issues that result in permanent and total disability: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The SSDI is for individuals who are disabled and have worked for employers or engaged in self-employment, paying into the Social Security system through their payroll taxes or self-employment taxes.

The SSI program does not require an employment history with payment of Social Security taxes. Instead, it bases eligibility on financial need, with limitations on the income and resources available to applicants who are blind or have a disability. An exception to the disability requirement for SSI eligibility exists for individuals 65 and older who may qualify for benefits without being blind or having a disability.

The standard used by the Social Security Administration to determine if an adult has a disability is the same for SSDI and SSI. It defines disability as being unable to do substantial gainful work activities because of a medically provable physical or mental impairment or a combination of impairments. The impairment or impairments must have lasted or be expected to last for at least 12 continuous months or be expected to result in death.

The Orthopedic disability attorneys at GCC Law are familiar with the laws and regulations governing disability benefit eligibility through the SSDI and SSI programs. They combine their knowledge with experience, compassion, and understanding to make them formidable advocates to fight for their clients. Learn more about what this means for you by contacting the disability professionals at GCC Law for a complimentary initial consultation.

Illinois Orthopedic Disability Attorney

Orthopedic Conditions and Social Security Disability Eligibility

Social Security classifies orthopedic conditions as musculoskeletal disorders. The classification is broad enough to include several types of conditions affecting bones, joints, soft tissue, and muscles, including the following:

  • Back injuries
  • Complex or non-healing bone fractures
  • Amputations
  • Hip, shoulder, or elbow dislocation
  • Tendon or ligament tears

The classification also includes several types of arthritis conditions, such as rheumatoid arthritis and osteoarthritis. Any type of orthopedic condition must cause severe limitation of a person’s ability to do work-related activities for at least 12 months.

Qualifying for Social Security for orthopedic conditions can be accomplished in two ways. The first is by meeting the requirements of a listed impairment. The Social Security Administration compiled a listing of impairments deemed severe enough to meet the standard for a disability eligible for SSDI and SSI.

Each listed impairment includes symptoms and other criteria that must be met for an impairment to be severe and prevent a person from doing substantial gainful work activities. For example, a pathologic fracture occurs when a bone breaks due to weakening caused by an underlying condition or disease, such as bone cancer or osteoporosis.

Qualifying for disability benefits due to pathologic fractures as a listed impairment requires medical evidence proving the occurrence of fractures on three occasions within 12 months. There must also be evidence of impairment-related musculoskeletal functioning limitation expected to last for at least 12 months and proof of one of the following:

  • Medical need for a cane, walker, bilateral canes, crutches, or a wheeled seated device that requires the use of both hands.
  • Inability to use one upper extremity to do work-related activities and proof of medical need for a hand-held assistive device.
  • Inability to use both extremities to the extent that they cannot perform fine- or gross-movement work activities independently of each other.

Meeting the criteria of a listed impairment is difficult, but there is a second way to qualify for disability benefits by proving the limitations caused by an orthopedic condition prevent you from doing work you did in the past and adjusting to do other types of work. Factors considered include your education, work experience, skills, and age.

More Social Security Disability Claims Are Denied Than Approved. Fight For Benefits Through The Appeal Process!

Instead of letting a denial get you down, challenge it by filing an appeal. You have only 60 days from the date of denial to submit an appeal. Wait too long, and the right to challenge an unfavorable decision could be lost.

The process gives you four opportunities to turn a denial of benefits into an approval through the following levels of appeal:

  • Reconsideration, where a new examiner reviews the claim.
  • Hearing with an administrative law judge reviewing the claim and new evidence or witnesses presented by an attorney from GCC Law.
  • Review by an Appeals Council with the power to approve benefits or return the claim to the hearing level for further consideration.
  • Federal court review by filing a civil lawsuit in federal district court.

The GCC Law disability professionals review the outcome of the application review process with you to present the best options for challenging an outcome.

Illinois Orthopedic Disability Attorney

Illinois Orthopedic Disability Attorney

Give Your Claim For Orthopedic Disability Benefits Its Best Chance To Succeed

The resourceful team of orthopedic disability attorneys at GCC Law uses their skills, knowledge, and experience to give your claim for benefits the best chance of success. Find out more by contacting GCC Law for a complimentary initial consultation.

Call Our Illinois Orthopedic Disability Lawyers Today

At GCC Law Firm, our Illinois Orthopedic disability attorneys provide personalized, solutions-driven legal advocacy for clients. If your SSDI or SSI claim has been denied in Illinois, we can help. Contact us to schedule a free and completely confidential initial consultation, please contact our law firm today.

Call (479) 340-0002.

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