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Do I Qualify For Disability Insurance Benefits If I Have A Knee Disorder?

CaveyLaw.com > Practice Areas  > Long Term Disability & ERISA Lawyer  > Long Term Disability Disabling Conditions > Do I Qualify For Disability Insurance Benefits If I Have A Knee Disorder?

Disability insurance companies don’t always make it easy for policyholders who have knee disorders to get the disability benefits they deserve.

How Do Disability Carriers View Knee Disorder Disability Claims?

Unfortunately, many knee disorder disability claims are denied because the disability insurance company says:

(1) There is no objective basis of the diagnosis,

(2) There is no objective basis for the restrictions and limitations assigned by your physician, or

(3) There is no causal relationship between your knee disorder and/or your restrictions and limitations, and your inability to do your own or any occupation.

(4) There is no reason you can’t work in a sedentary capacity.

Other Common Reasons Carriers Deny Knee Disorder Claims

Disability insurance companies cite other reasons to deny claims:

  • You should be able to return to work right after a knee surgery,
  • You should be able to return to work if your pain symptoms are under control with medication,
  • You’ve recovered from knee surgery or treatment and your testing is normal so you should be able to return to work, and
  • Your symptoms are subjective.

Nancy Cavey, who has 35 years experience handling disability cases, has successfully represented many policyholders with knee disorder claims. She has had three knee surgeries herself, including cartilage replacement surgery, and she is a candidate for a total knee replacement.

Ms. Cavey overcomes the claims denial by working closely with you and your physician. She will even hire a vocational rehabilitation counselor to address the impact your symptoms, side effects of medication and pain have on your ability to return to your occupation or any occupation. Difficulty sitting, walking, standing and traveling can make it impossible for executives and professionals to perform their occupation.

Your physician and the vocational evaluator also can explain how performing your occupation or any occupation creates a significant risk of aggravating your symptoms and increasing the need for additional treatment, including surgery. It is important that the medical and vocational aspects of your claim each are fully documented and explained.

If you are ready to file a disability application and want to improve your chances of getting disability benefits, or if your claim for knee problems has been denied, it is time to call Nancy Cavey. She offers a free initial consultation and welcomes the opportunity to speak with you about your disability claim.

What Are The Most Common Causes of Knee Disorders?

Knee pain and referred back or hip pain are common complaints and can be caused by a number of medical conditions. It is important that the cause(s) of your pain be determined by objective medical testing and that you get the right kind of treatment.

Treatment commonly includes medication, therapy, injections and even surgery, such as resurfacing of the knee or a total knee replacement.

The common causes of knee disorders include:

  • Arthritis of the knee, which causes pain and limitation of motion,
  • Rheumatoid arthritis, which causes pain, swelling, stiffness and limitation of motion,
  • Septic arthritis, which causes pain, swelling and redness,
  • Osteoarthritis, which is a breakdown of the lining of your knee,
  • Avascular necrosis, which is a reduction of the blood flow to the knee that results in the destruction of the bony structures of the knee,
  • Injuries to the anterior cruciate ligament (ACL), posterior cruciate ligament (PCL) or medial collateral ligament (MCL),  and
  • Side effects of medication for the treatment of other medical conditions.

Regardless of the cause, it is important to document the functional problems you have with standing, walking, sitting, bending, stooping, crouching and lifting. This will be used to show you can’t do the occupational requirements of your occupation or any occupation.

How Do I Get The Disability Insurance Benefits I Deserve?

Knee disorders can make it difficult, if not impossible, to do things around your home and work. If you no longer can work or your doctor has told you to apply for disability benefits, you should take steps before you apply:

  1. Obtain a copy of your disability policy. See how it defines “disability,” “occupation” and “self-reported conditions.” You’ll need to understand what you have to prove to get your benefits because of a knee disorder.

Your policy can include a self-reported limitation. It limits how long you can get benefits that result from self-reported symptoms, including pain, stiffness and limited range of motion. You’ll want to know what’s in your policy before you apply for benefits.

  1. Obtain a copy of your medical records. Review them to see if there is an objective basis for your diagnosis, what your records say about your report of symptoms and your restrictions and limitations. To document your restrictions and limitations, it is crucial you have Functional Capacity testing by a policyholder-friendly therapist.
  2. Obtain a copy of your personnel file to see if your knee problems have affected your work performance.
  3. Obtain a copy of your job description. Create your own description of your physical duties with an explanation of how your symptoms impact your ability to do your occupation.
  4. Provide your doctor with the occupational description. Ask your doctor to prepare a report that explains the objective basis for your diagnosis, the objective basis of your restrictions and limitations, and the objective reasons you can’t perform some or all of the material and substantial duties of your occupation.
  5. Prepare a diary that explains and gives examples of how your symptoms interfere with your ability to do things on a daily basis and the side effects of your medication.
  6. Hire Nancy Cavey to help you file your initial application. The application process is confusing and designed so you and your physician make mistakes that can result in a delay or even a denial of your benefits. Ms. Cavey knows how to prepare and file a winning shock and awe disability application that leaves the carrier little reason to question your claim.
  7. Hire Nancy Cavey to help you appeal a wrongful denial or termination of your disability benefits. Disability carriers are in the business of collecting premiums and not paying disability benefits for knee disorders. They’ll use any reason to deny your claim. The odds of getting your benefits on appeal are greater when you are represented by an experienced ERISA/private ID policy disability attorney.

Contact Disability Attorney Nancy L. Cavey, Who Can Help You Regardless of Where You Live

Knee disorders can make it difficult, if not impossible, to work. You owe it to yourself and your family to get help today! Nancy Cavey can review your policy and your medical records, and explain to you what your policy says and how to get your disability benefits.  Call today for a free consultation at 727-894-3188.