Can I get disability if I am suffering from Osteoarthritis?

According to the Centers for Disease Control, osteoarthritis affects 21.2% of adults in the U.S... Osteoarthritis is the most common type of arthritis and the leading cause of work disability. More than half of U.S. adults with arthritis are of working age, and though some cases of osteoarthritis are not severe, the condition can limit the type of work an individual does or prevent them from working at all.

If you are suffering from the effects of osteoarthritis and have been denied disability don’t give up, almost 70% are denied initially! Just call 317-617-7023 for a free, no obligation consultation to learn what your options are.

Though it occurs most frequently in the hands, knees, hips and spine, osteoarthritis can affect any joint. Symptoms develop gradually and become worse over time as pain and discomfort become more intense.

In addition to pain, symptoms include:

•   Swelling around a joint.
•   Tenderness when pressure is applied to a joint.
•   Stiffness in joints.
•   Loss of flexibility and reduced range of motion.
•   A grating sensation when a joint moves; and
•   Bone spurs – extra bits of bone that form around a joint

These symptoms can cause you to miss work and jeopardize your ability to maintain employment.

Osteoarthritis can’t be reversed, but treatments can reduce pain and increase mobility.

Doctors frequently prescribe a combination of medications and lifestyle changes that includes over the counter medications to relieve pain, corticosteroids by injection or orally, physical therapy, exercise, and weight management. Demonstrating that you are following your doctor’s treatment plan is an important part of qualifying for disability benefits.

If you have Osteoarthritis and cannot maintain employment, you may be eligible for disability benefits, but to qualify you will need to satisfy both the financial and medical requirements set forth by the SSA.

As the pain and stiffness caused by osteoarthritis worsens, it can severely limit an individual’s ability to walk, use their hands and arms, or even sit at a computer for a long period of time.

In some cases, a hip or knee replacement may be required. But even though it can be disabling, osteoarthritis is not listed as a separate impairment in Social Security’s Blue Book, a manual which lists impairments Social Security considers disabling and may automatically qualify for benefits. However, if you have severe trouble walking or using your fingers, you may not be able to perform sedentary work or jobs that require even a short time of standing or walking.

The Blue Book has a few listings under which Social Security evaluates osteoarthritis; and you have the best chance for approval if your condition matches one of the following impairments:

•   1.15 Disorders of the skeletal spine resulting in compromise of a nerve root(s)
•   1.16 Lumbar spinal stenosis resulting in compromise of the cauda equina
•   1.18 Abnormality of a major joint(s) in any extremity

Be aware that there are very specific criteria for each impairment.

To meet the requirements of a listing for spinal disorders (1.15 or 1.16), you must have a diagnosis of osteoarthritis in your spine and:

•    Narrowing of the spinal canal in the lower back affecting nerve roots and making it extremely difficult to walk or use your hands; or
•   Compression of a spinal nerve root limiting the motion or your spine and making it difficult to walk or use your hands.

To qualify under listings for joint dysfunction (1.18), you must show medical evidence of one of the following:

•    An obvious deformity in a joint, evidenced by medical imaging such as an x-ray or MRI; or
•   Destruction of bone; or
•   Joint space narrowing; or
•   Fused joints or bones (ankylosis).

AND

•    You must have a history of joint pain, stiffness, instability and reduced range of motion; and
•   Documentation of the need to use a walker, two canes or two crutches, or a wheelchair or scooter that requires both hands: or
•   You are unable to use one hand due to osteoarthritis and need to use the other to operate a one-handed wheelchair, cane, crutch or other device; or
•   You are unable to use either arm or hand for work.

You may also be eligible for disability benefits if you have had reconstructive surgery of a major weight bearing joint such as a hip or a knee, but you must be able to provide:

•    Documentation of reconstructive surgery or fusion; and
•   Evidence that you experience extreme difficulty moving that has lasted, or is expected to last 12 months; and
•   Proof that you need a walker, canes or two crutches or a wheelchair or scooter requiring both hands.

Social Security evaluates your claim based on your medical evidence which includes doctors’ notes, hospital records and laboratory tests.

Social Security might also request an independent examination by a Doctor of Social Security’s choosing. Be prepared to submit:

•    detailed physical exam reports, including descriptions of orthopedic or neurologic problems.
•   imaging and diagnostic tests such as x-rays and MRIs showing evidence of physical abnormalities.
•   doctors’ notes describing your subjective symptoms, such as the frequency and severity of your pain and/or inability to perform activities of daily living like cooking, cleaning, and shopping.
•   reports from surgical procedures.
•   documented need for an assistive device, such as a cane or walker.
•   medications and side effects; and
•   history of physical therapy and any other treatments tried and what the results were.

Discuss your condition with your medical providers and make sure they describe your limitations and symptoms in their notes in detail.

Social Security will compare your doctor’s notes with what you say in your application. You will need to demonstrate that you are following your doctor’s treatment plan, and despite that your medical condition still prevents you from working full-time.

Additionally, it’s important to keep track of your work absences.

Once Social Security determines your limitations caused by your condition, they will have a vocational expert assess whether a person with those same limitations is employable. If your condition or the treatment rendered for that condition causes you to be absent regularly two or more days a month or be “off-task” 15% or more of the workday, most vocational experts will find you unemployable.

If your osteoarthritis doesn’t match a listed impairment, you may still qualify for SSDI based on your limitations.

Social Security will conduct a Residual Functional Capacity assessment to evaluate how your disability affects your ability to perform your old job or if there is any other job you are able to perform, taking into account whether or not you are able to drive, your age, and level of education. For example, if you have difficulty walking on uneven surfaces, climbing stairs, or bending, you may be limited to sedentary jobs. If you have osteoarthritis in your shoulders, arms, or hands, you may be restricted from work that requires lifting, reaching, typing, writing, or grabbing. If Social Security decides you cannot do your old job or don’t have the skills to perform a new job, you may be approved for a Medical-Vocational Allowance.