Consult With A Social Security Attorney
Applying for disability benefits is notoriously tricky and time-consuming. If you are confused by the process or worried about your ability to qualify, then it may be best to hire a Social Security disability attorney.
An attorneys expertise in disability claims can help strengthen your case, reduce the risk of mistakes, and statistically increase your chances of winning.
Plus, if your initial claim is denied, disability attorneys can represent you in court and fight for your right to financial support. Better yet, disability attorneys work on a contingency basis, meaning you dont have to pay them unless they win your case.
Extract Of The Disability Table From National Board Of Industrial Injuries
|Loss of both eyes or sight in both eyes||100 %|
|Loss of sight in one eye||20 %|
|Complete loss of hearing in both ears||75 %|
|Complete loss of hearing in one ear||10 %|
|Amputation in knee or thigh with good prosthetic functions||50 %|
|Amputation in knee or thigh with bad prosthetic functions;;;;;;;;;;;;;;;;;;;;;;;;;;;||60 %|
|Loss of foot with good prosthetic functions;;;;;;;;;;;;;;;;;;;;;;;;;;;;||30 %|
|Loss of foot with bad prosthetic functions||35 %|
|Loss of foot with bad prosthetic functions;;||10 %|
|Loss of 1. toe and part of its tarsi||8 %|
|Loss of 1. toe||5 %|
|Loss of arm||70 %|
|Loss of all fingers in one hand||55 %|
|Loss of thumb with metacarpal bone||30 %|
|Loss of the distal phalanx of thumb||12 %|
|Loss of the distal phalanx and central part of the 2. finger||10 %|
|Loss of the distal phalanx of the 2. or 3. finger||5 %|
|Loss of the 3. finger||10 %|
|Loss of the distal phalanx and central part of the 3. finger||8 %||8%|
Loss of the distal phalanx of the 4. or 5. finger, whether its the left or right finger, is not compensated as
the degree of disability is less than 5%. Also, be aware that if you are left-handed, you should see your left
as your right and vice versa.
Social Security’s Official Listing For Amputations
To qualify for disability under the Social Security Administrations listing for amputations, you must meet one of the following criteria:
- Amputation of both hands
- Amputation or one or both legs at or above the ankle that impacts your ability to walk effectively. .
- Amputation of one hand and one leg at or above the ankle that impacts your ability to walk effectively.
- Amputation of one leg up to the hip
- Pelvic amputation
According to the SSA, not being able to walk effectively means requiring both hands to use a cane, crutches or walker to get around and do your daily activities or go to work. If you lost an arm below the elbow and are using a prosthetic device to walk, you would be denied disability benefits.
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Amputation And Social Security Disability
If an individual has two limbs amputated or one leg amputated at the hip, chances will be higher to obtain Social Security Disability benefits sooner rather than later and could be granted a presumptive disability right. There is a possibility for Social Security to approve someone for six months worth of presumptive disability checks if they are either missing two limbs or a leg from the hip down. Even if someone qualifies for presumptive disability, they can still be found totally disabled and eligible to continue receiving benefits.
According to Social Security a person can be found disabled automatically if their amputation meets specific criteria set forth in Social Securitys official listing for amputations. Social Security does not take into account how you lost a limb, whether through an accident or diabetes. A person needs to meet one of the following criteria: amputation of both hands; amputation of one or both legs at or above the ankle; must not be able to walk effectively ; amputation of one hand and one leg at or above the ankle; amputation of one leg up to the hip , or pelvic amputation .
SSDI & SSI Information
What Medical Conditions Qualify For Disability Benefits
Any medical condition can qualify for disability benefits. Generally speaking, most disability benefits programs in Canada do not give benefits based on a medical diagnosis. Rather, they provide benefits based on the level of disability caused by the medical condition. So the focus will always be on the level of disability caused by your medical condition, rather than only the name of your medical condition or diagnosis. To qualify for benefits, you must show that the level of disability from your medical condition meets the eligibility criteria of the disability benefits plan in question.
Following is a list of common medical conditions that qualify for disability benefits. For each of these conditions we discuss the unique challenges you will face.
How The Social Security Blue Book Can Help Your Case
Social Security disability benefits are provided to Americans who are considered totally and permanently disabled. This refers to any applicant who:
- has a severe medical disorder that prevents them from completing normal daily tasks like working, bathing, dressing, cooking, or cleaning
- is expected to last more than 12 months or result in death.
Since amputations are permanent, the length of a disability is usually not an issue for applicants. However, the severity of the disorder is what typically determines whether or not an amputee qualifies for benefits.
The best way to measure your qualifications is to compare your condition with the Social Security’s Blue Book, which lists all qualifying disorders. Amputations are listed under Section 1.05 of this book, which states that amputees can qualify if they have either:
- Both hands amputated,
- One or both lower extremities amputated at or above the ankle, with stump complications that prevent the use of prosthetics ,
- One hand and one lower extremity at or above the ankle, with an inability to walk or move effectively,
- A hemipelvectomy or hip disarticulation.
In entries 1 and 4, it is rather simple to determine whether or not you will qualify. However, for entries 2 and 3, it may be difficult to determine whether or not your walking ability or stump will help you qualify for benefits.
Medical Evidence Needed To Qualify For Disability
You will be required to provide your medical record from your treating doctor to the SSA. These records need to show detailed documentation of your amputation, your ability to use a prosthetic device and your ability to walk, rise, bend or squat.
It is also important that your doctor include the probability that your functional limitations will get better or whether your impairment is likely to not change. Being deemed disabled and obtaining disability benefits means generally proving that your impairment has lasted or is expected to last for at least one year. If you recently suffered an amputation, you must prove to the SSA that you have been unable to walk effectively for at least one year or more. Otherwise, your disability claim will likely be denied.
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It’s Difficult To Qualify For Social Security Disability Benefits For Diabetes Unless You Have Other Complications
Diabetes, or diabetes mellitus, is a disorder in which too little insulin is produced in the body. Insulin is necessary to help convert glucose into the body’s cells for energy. When not enough insulin is produced, it causes a build up of glucose in the blood. Symptoms of diabetes include fatigue, frequent urination, abnormal thirst, unusual hunger, weight loss, repeated infections, cuts that are slow to heal, and tingling or numbness in the hands and feet.
Type 1 diabetes is ordinarily diagnosed in children and younger adults, and it is a type of diabetes in which the body produces no insulin. In type 2 diabetes, or adult onset diabetes, your body’s cells ignore the effects of insulin. When diabetes goes untreated and too much glucose builds up in your body, long-term complications can result. These include neuropathy in your feet , kidney disease , high blood pressure , heart disease, stroke, gastroparesis , eye and vision problems, peripheral arterial disease , and depression.
Treatment of severe diabetes involves the careful monitoring of blood glucose levels along with taking insulin and controlling your diet. Your doctor can test you for diabetes using a fasting blood glucose test.
Amputation And Long Term Disability
Patients who have had an extremity amputated may be unable to work because of their condition and its related complications. Patients who find themselves unable to work because of their amputation may qualify for long term disability benefits. The insurance company will review their claim to see if they qualify under the conditions of that plan.
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Recovering After An Amputation
After surgery, you’ll usually be given oxygen through a mask and fluids through a drip for the first few days while you recover in a ward.
A small flexible tube ) may be placed in your bladder during surgery to drain urine. This means you will not need to get out of bed to go to the toilet for the first few days after the operation. You may be given a commode or bedpan so you can also poo without having to get up to use the toilet.
The site of the operation may be painful, so you’ll be given;painkillers if you need them. Tell a member of your care team if the painkillers are not working, as you may need a larger dose or a stronger painkiller. A small tube may be used to deliver;local anaesthetic to the nerves in the stump to help reduce pain.
Your physiotherapist will teach you some exercises to help prevent;blood clots and improve your blood supply while you’re recovering in hospital.
Q: Can I Receive Presumptive Disability For Losing A Limb
You and your family attend the Art and Craft Festival every year at Longs Park. You love how downtown Lancaster is turned into an art gallery and you are able to walk around and admire the work of local and national artists, alike. This years trip, howeverhad a tragic end.
As you made your way onto the Harrisburg Pike, a drunk driver hit your vehicle, causing your car to rollover a few times. Fortunately, everyone in your vehicle had their seat belts on, but that didnt stop your leg from being pinned.
After you were taken to the hospital, the doctors determined the best course of action was the amputation of your severely mangled leg. Now you are left unable to work and wonder if you are eligible to claim presumptive disability.
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Other Amputations That Can Cause Significant Issues Working
There are obviously many types of amputations that do not fit social securitys listing of amputations listed above. If you have an amputation that prevents you from working, such as an amputation of your dominant hand, you may still be eligible for disability benefits. You must show that your amputation causes significant limitations with your ability to function in work related activities. For example, if your right dominant hand has been amputated and you can no longer do simple activities such as bathing yourself, dressing yourself, even making your own meals, you may qualify for benefits. Social Security will assess your residual functional capacity, or RFC. Its best to have your doctor fill out an RFC form.
If you are ambulating with a prosthetic leg, Social Security will look at whether or not you can walk effectively on an artificial leg and whether you are capable of a sedentary job AKA sit down job. If you have lower limb amputation, you may also experience difficulty walking on certain surfaces, as well restrictions with crawling, kneeling, climbing, bending, and activities that require balance. For upper limb amputations, Social Security will look at your ability to grasp items, fine motor movements, fine manipulation, handing fingering, feeling, typing and writing abilities, and your ability to lift objects.
Is It Hard To Walk With A Prosthetic Leg
The feeling of walking with a prosthetic is very difficult to describe its like trying to describe how it feels to taste ice cream to someone without a tongue. Its really difficult to use at first and feels like walking on a boot with an extremely thick sole, with tight laces that go all the way up to your knee. ,
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Applying For Social Security Disability Benefits After Limb Loss
You may be eligible for Social Security Disability if an amputation has left you unable to work for more than a year.
Social Security Disability is an insurance program set up by the government, which provides coverage to workers who become disabled and have a verifiable work history in the United States. SSD benefits can provide financial support to those facing simultaneous limb and job loss.
A Single Amputation Of A Leg Below The Knee Does Not Guarantee Disability Benefits Here’s What Types Of Amputations Do Qualify
By Bethany K. Laurence, Attorney
Amputation is the loss of one of the body’s extremities: arm, leg, hand, or foot. Leg amputations most often are done surgically, because of complications from diabetes or atheroslcerosis, but traumatic accidents can also cause the loss of a limb. Amputation of a hand or arm is usually the result of an industrial accident. If the amputation renders a person unable to work, the amputee might be eligible for Social Security disability benefits — under certain circumstances.
The fact that you have had a body extremity amputated does not automatically qualify you for disability benefits. The only exception to this rule is if you have both hands amputated, a leg amputated up through the hip joint , or a pelvic amputation . For all other amputations, you need to prove that you are unable to work. The Social Security Administration lists the few circumstances where you can automatically qualify for benefits, called the official impairment listing for amputation , but if you don’t meet the official listing, you may still be able to prove that your amputation makes it impossible for you to work.
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Ive Lost A Limb Due To Amputation Do I Qualify For Disability Benefits
January 9, 2020 byBioTech Possibilities
An amputation is the loss of one of the bodys extremities: arm, hand, leg, or foot. Routine amputations are done surgically due to complications from diabetes or other diseases, but sometimes traumatic accidents can result in limb amputation. Under certain circumstances, if an amputation leaves a person unable to work, the amputee might be eligible for Social Security disability benefits.;
Amputation alone does not automatically qualify you for disability benefits unless both hands are amputated, a leg is amputated through the hip joint, or you have a pelvic amputation. For any other amputations, you have to prove to Social Security that you are unable to work. The Social Security Administration has a checklist of possible disability coverages, but you still may be able to prove your disability even if you dont meet the official listing requirements.;
Receiving Disability For Diabetes
In many cases, Social Security Disability benefits are not available to those with controlled diabetes; most cases of diabetes are manageable with proper treatment, and in order to qualify for disability, your condition has to continue to be disabling despite the application of recommended medical treatment.
However, just because diabetes is the condition you suffer from, that does not mean that you have no chance of qualifying for Social Security Disability benefits. While not usually considered disabling on its own, diabetes can cause numerous other conditions that can qualify as being disabling enough for SSDI benefits.
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Amputation And The Americans With Disabilities Act
The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment. For more information about how to determine whether a person has a disability under the ADA,;see;How to Determine Whether a Person Has a Disability under the Americans with Disabilities Act Amendments Act .
Ask The Insurance Advocate
Although most people know about Social Security retirement benefits, far fewer know that people with disabilities those who can no longer work because ofillness or injury may also qualify for Social Security benefits regardless of their age. The process of obtaining such benefits can be confusing, and as a result there are many misunderstandings.
Certain benefits, known as Supplemental Security Income , are available to the very poor . SSI benefits are not discussed further in this article, and you should call the Social Security Administration if you think that you may qualify for such benefits.
Other benefits, known as Social Security Disability Income , have different standards than SSI and are more broadly available. Below are the truths about some of the common myths regarding SSDI benefits.
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Other Amputations That Cause Problems Working
There are obviously many amputations that do not fit the criterialisted above. If you have an amputation that prevents you from working,such as an amputation of your dominant hand, you may still be eligiblefor disability benefits, even if your amputation does not exactly fitthe criteria above.
Ifyour work-related activities are limited because of your amputation,Social Security will assess your “residual functional capacity,” or”RFC.” Social Security will look at whether or not you can walkeffectively on an artificial leg and whether you are capable ofsedentary activities. If you have lower limb amputation, you may also berestricted in what kinds of surfaces you can safely walk on, as well ashave restrictions around crawling, kneeling, climbing, bending at theknees, and activities that require good balance. For upper limbamputations, Social Security will look at your ability to grasp things, fine motor movements, typing and writing abilities, and your ability to lift objects.