Knee exchange surgery and public security Benefits

District Attorney - Knee exchange surgery and public security Benefits

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If you cannot work due to persisting knee problems, you should think applying for communal safety Disability benefits. This report explains how communal safety evaluates claims for population with persisting knee problems before and after knee transfer surgery. Knee transfer surgery, however, is not required for approval for benefits.

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When knee problems impact your ability to walk effectively, communal safety applies 1.02A of the musculoskeletal listings (or definitions) of disability. Listing 1.02A is below:

1.02 Major Dysfunction of a joint(s) (due to any cause): Characterized by gross anatomical deformity (e.g., subluxation, contracture, bony or fibrous ankylosis, instability) and persisting joint pain and stiffness with signs of limitation of request for retrial or other abnormal request for retrial of the affected joint(s), and findings on acceptable medically acceptable imaging of joint space narrowing, bony destruction, or ankylosis of the affected joint(s). With:

A. Involvement of one major peripheral weight-bearing joint (i.e., hip, knee, or ankle), resulting in inability to ambulate effectively, as defined in 1.00B2b...

The phrase "major weight-bearing joint" in this listing basically means a joint you need for standing and walking. Knees, along with hips and ankles, fall into this category.

Disability Benefits Before Knee transfer Surgery

For my clients who need - but have not had - knee transfer surgery, the usual situation is that they have degenerative joint disease or internal joint derangement and the more conservative treatments, together with arthroscopy, pool therapy, and/or therapeutic injections, have been unsuccessful. Of this group, some await knee transfer surgery because their orthopedic surgeons were involved about their younger age. These clients seem to be under 50. The rationale for waiting (when possible) is that artificial knee joints have a life span, and the policy (apparently) cannot be repeated indefinitely. If you face this situation, in effect discuss these issues completely with your surgeon.

My clients awaiting knee transfer surgery are usually beloved for benefits at communal safety benefits hearings under Listing 1.02A when they have:
(1) the acceptable imaging studies with "marked" findings,
(2) examination and ongoing treatment by an orthopedic specialist, and
(3) comments about knee transfer in the treatment records.

A convention note for attorneys and non-attorney representatives: I ask my clients with ongoing knee problems about hip and low back issues. I also ask if the healthier knee is getting worse because of favoring it. My clients commonly originate these problems because of their difficulties walking (their "gait"). These communal mobility issues are taken into inventory at a hearing. Medical-vocational guidelines apply for those near 50.

Disability Benefits After Knee transfer Surgery

For my clients who have had knee transfer surgery, the general questions shift to two areas: (1) period (when will full recovery occur) and (2) the ongoing mechanical integrity of the artificial joint. As for period issues, I hope my clients advantage from knee transfer surgery so they can get on with their lives. Still, at least a year of disability prominent into and after the transfer surgery is requisite for approval for benefits. Technically, if post-surgical recovery happens before a communal safety benefits hearing, a "closed period" of benefits may apply. This means that only backpay, and not ongoing monthly benefits, are payable. This makes sense if your new knee joint gets you back on your feet again.

As for mechanical integrity of the artificial knee joint, I have had some clients who, despite knee transfer and the proper follow-up treatment, still have issues with the joint. They may have problems with locking or clicking. Again, discuss these situations with a fine professional. In the context of communal safety benefits, you may get ongoing benefits if the knee transfer is less than fully functional. The ask becomes a matter of degree.

A convention note for attorneys and non-attorney representatives: If your client needs a cane when standing, you can argue at a hearing that he or she is effectively "one-handed" when standing at inherent jobs, even under a "sit-stand option". Important, too, is whether or not your client holds the cane with his or her dominant hand.

A final thought. communal safety benefits are also available for those who may not need knee transfer surgery in the foreseeable future. The extreme ask is how your communal healing issues (physical and emotional) impact your ability to work full-time. There are many problems population can have with joints, such as gout and rheumatoid arthritis. Hand impairments, as well, can be devastating. Pain and immobility from these conditions and others can, depending on the severity, allow you to receive communal safety benefits.

Andrew W. Kinney, Esq.

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