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Facts about Osteomyelitis and Filing for DisabilityHow to prove you are disabled and win disability benefits 1. Osteomyelitis means bone infection, which occurs through the blood stream, nearby tissue or direct trauma to the bone. Leg, arm, spine and pelvic bones are typically affected. 2. Osteomyelitis can be acute (no longer than several months) or chronic (long-term over months or years). When children have the condition it is mostly acute, and adults may have either acute or chronic osteomyelitis. 3. In general, osteomyelitis causes the infected area to become painful, swell up and turn red. 4. Other symptoms of osteomyelitis vary depending on whether it is an acute or a chronic condition. Acute osteomyelitis is more likely to cause fever as well as irritability and lethargy, particularly in young children. Chronic osteomyelitis is more likely to include drainage from an open wound. 5. Osteomyelitis occurs with trauma to the bone like a break, a deep puncture wound or surgery. Diseases and conditions that weaken the immune system make infection in the bone with these types of injuries more probable. 6. Men are more likely than women to develop bone infections. Age is less of a risk factor in developing osteomyelitis, although likelihood of developing specific types of osteomyelitis vary by age. Adults over 50 are most likely to develop infection in the spine. 7. Osteomyelitis used to be incurable but is now manageable, although it is still considered a serious medical condition and requires an aggressive treatment plan. The greatest risk is the spread of infection to other parts of the body. 8. Though the infection can typically be controlled, there are times when the infection may be uncontrollable and amputation may be necessary. Regardless of successful treatment, there is always the possibility that the infection will reoccur later. 9. Treatment always involves the use of antibiotics, and in chronic cases surgery is usually necessary. Surgery may involve increasing blood flow to the affected bone, draining the area or removing affected bone and tissue. Can you qualify for disability benefits with this condition? Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records. This includes whatever statements may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis). It will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities). Why are so many disability cases lost at the disability application and reconsideration appeal levels? Speaking as a former Disability Claims Examiner, I can state that there are several reasons: 1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant and his or her disability attorney will generally obtain and present this type of statement to a judge; 2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. At the hearing level, of course, this is exactly what happens. And a number of disability representatives will also take such steps even earlier, at the reconsideration appeal level; 3) Disability judges, unlike disability examiners who decides cases at the first two levels of the system, can make independent decisions without being overturned by immediate supervisors--which happens frequently.
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page Topics and Questions Other Links SSD and SSI are Federal Programs The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming Recent approval and denial statistics for various states can be viewed here: Social Security Disability, SSI Approval and Denial Statistics by state Special Section: Disability Lawyers and unnecessary claim denials |