Knee Surgery Malpractice

Knee Surgery Malpractice

Knee Surgery Malpractice

If your knee surgery has rendered you unable to go back to work you may be eligible to file for Social Security disability benefits. These benefits are an option only if you are not able to go back to work for at least a year. In most cases, people under the age of 60 are able to recover from knee replacement surgery in well under a year. Sometimes, however, there are complications during surgery, or the surgery was unsuccessful and the knee was not repaired and you are still in considerable pain. There are times when the surgery or the fix just isn’t enough and you are not able to go back to work. It is advisable to work with an experienced Social Security Disabilities Attorney to help with all the details involved in getting approved for disability insurance. Lawyers can work with you to make sure you have all the correct information and forms submitted to the SSI to ensure you receive the benefits you need.

How do You Get Disability Benefits through Social Security when your knee surgery failed?

Social Security looks at a medical book called the Blue Book listing of impairments when determining whether or not your knee injury qualifies you to receive disability benefits. Specifically, they look at:

  • Major joint dysfunction
  • Surgery to reconstruct a major weight-bearing joint

In order to be classified with one of the above ‘listings’ it must be hard for you to walk or climb stairs after your knee replacement surgery and a satisfactory time of rehab and recovery. A major joint dysfunction means you suffer from some type of deformity or instability to your knee that shows on an MRI or x-ray. You also need to show a history of stiffness and joint pain and have little joint motion. 

 If you suffer from any of the issues listed below, it will likely count as the requirement for extreme difficulty in climbing stairs or walking:

  • You are unable to walk without a walker or a cane
  • Climbing even a few stairs are extremely difficult and impossible without using the handrail
  • You need another person to help you travel to your place of employment
  • Common day-to-day activities such as grocery shopping or daily errands cannot be accomplished at a reasonable pace
  • It is difficult or impossible to walk on surfaces that are uneven or rough at a normal pace

If you had a job that required you to perform the activities listed above and you are unable to do so, there is a good chance you qualify for Social Security Insurance disability benefits. 

If you had a job that was considered sedentary, your knee injury is less likely to prevent you from performing your duties. However, even with a sedentary job, there are times that may require you to stand for up to a few hours a day. If you can prove that this is the case, and your doctor agrees you cannot stand or walk for more than a few hours a day, SSI may concur and you can receive disability benefits.

A social security lawyer in Memphis, TN can discuss your knee surgery and the effects it can have on receiving Social Security disability benefits.

Thanks to Darrell Castle & Associates, PLLC for their insight into social security law and benefits after knee surgery.

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