by Tim Moore. Free Case Evaluation here. Without a doubt, a qualified statement from the…
Can I get disability for Knee and Joint pain?
As a former disability examiner for Social Security in North Carolina, and as a current Disability Representative, I have encountered thousands of claims for most medical conditions. Joint issues, particularly in weight-bearing joints, can certainly be disabling. This is especially true for older individuals, individuals whose past work had demanding exertional requirements, and whose work skills and education may not allow them to easily take up a new occupation.
If you are fifty or older in North Carolina and have joint pain in various extremities, or knee pain and functional limitations that result from either an arthritic process (osteoarthritis, rheumatoid arthritis) or from damaged joint tissue, and this makes it impossible to stay on the job because you have too many issues and limitations, you should probably file for disability benefits.
If you are under fifty, for example in your forties, and all of the above is true, you should consider doing the same. It may be more difficult to get approved in your forties, but the truth is that most individuals in North Carolina, even if they are above the age of 50, will still get denied for disability on their initial claim and reconsideration appeal (the request for reconsideration is the first appeal in NC). How do they get approved then? By requesting a Social Security hearing before an Administrative Law Judge. And, in fact, this is how most people who get initially denied are later successful in getting their benefits.
Why does Social Security deny you the first two times?
The reason disability claims are denied two times before a hearing is conducted is that disability examiners (who make decisions on claims) are limited to using a set of vocational rules that guide decisions. Judges at hearings, however, also consider the law–specifically, for example, social security rulings. These rulings allow the disability representative at the hearing to demonstrate that the claimant’s medical condition, and resulting limitations in daily activities, makes it impossible to successfully return to either their past work or change to some type of other work.
If you have knee and/or other joint pain, you probably have significant pain issues, and trouble with doing a wide variety of activities. And this makes a return to work daunting, if not unlikely. If you also have other conditions which may be physical or mental (depression, for example), these should also be listed on your disability application because SSA will evaluate you based on the total effects of all your various conditions.
If we represent you
We routinely assist clients who have not yet applied by getting them an appointment for a disability application telephone interview. This can get a claim started quickly and without confusion. We advise our clients to do this versus filing online. For our clients who have just been denied, we send in a request for reconsideration appeal. If the reconsideration has also been denied, we request a disability hearing.