Disability Claims for Orthopedic Injuries
If you have suffered an orthopedic injury that has left you unable to work, you may be eligible for disability benefits. Seeking guidance from our dedicated and knowledgeable disability lawyers at Edelstein Martin & Nelson can provide you with the best chance of getting the benefits to which you are entitled.
Orthopedic injuries are some of the most common disabilities that can affect your daily life. They can range from minor fractures to severe spinal cord injuries, and they all impact your ability to work and enjoy your favorite activities. Unfortunately, about 7 million orthopedic surgeries are reported every year in the United States. Here are the kinds of orthopedic injuries we see most often at our national disability law firm.
Most Common Types of Orthopedic Injuries
Orthopedic injuries refer to any injury that affects the musculoskeletal system, which includes bones, muscles, tendons, and ligaments. These types of injuries can be caused by trauma from accidents or overuse conditions. Some of the most common orthopedic injuries that people experience include:
- Fractures: Bone fractures are incredibly common and extremely painful. Fractures can occur in any bone but commonly happen in arms, legs, wrists, and hips.
- Sprains: Sprains are a type of injury to the ligaments surrounding a joint. These injuries generally occur when the ligaments are stretched beyond their limit, causing pain and swelling.
- Tendinitis: Tendinitis is inflammation of a tendon that causes pain and discomfort around joints. Tendinitis generally occurs in the shoulders, elbows, or wrists.
- Rotator cuff injury: These types of injuries are caused by tears in the rotator cuff muscle, which is the muscle that controls arm movement at your shoulder.
- Spinal injuries: An orthopedic spinal cord injury occurs when the spine, which connects your head to your pelvis, is damaged.
- Arthritis: Arthritis is a painful type of inflammation that damages joints, often leading to stiffness in movements with increased age or wear-and-tear on body parts.
Many of these orthopedic conditions result in a range of motion limitations and can even lead to nerve and muscle injuries. Unfortunately, these and other orthopedic conditions can have a debilitating impact on a person’s ability to work. If you have suffered an orthopedic injury, you may be entitled to disability benefits.
What Types of Disability Benefits Are Available?
After suffering a debilitating orthopedic injury, it is important that you know the type of disability benefits that you may be able to recover. In general, there are benefits that are available through various government programs, and there are also private or employer-provided insurance benefit options.
The Social Security Administration provides two types of disability benefits. These include:
- Social Security Disability Insurance (SSDI): SSDI benefits are generally provided for people who have worked and paid into the system through payroll taxes. In order to be eligible for these benefits, you must have earned enough work credits in order to meet the criteria for entitlement.
- Supplemental Security Income (SSI): SSI benefits are considered a need-based program that provides financial assistance to individuals who are disabled and have limited income and resources. SSI benefits are also available for children who have suffered muscle injuries or orthopedic conditions.
A third type of benefit that a person suffering from an orthopedic condition may qualify for is VA disability benefits provided by the Department of Veterans Affairs. Individuals who have a VA disability rating pertaining to their orthopedic conditions are able to receive these benefits. When filing VA disability claims, disabled veterans must be able to show that their injury is a service connection, meaning the injury happened due to their service as a military member. Service-connected orthopedic injury claims generally require medical information and an exam by the Department of Veterans Affairs.
In addition to disability benefits provided through government programs, individuals may also qualify for disability benefits through their employers. These benefits can include:
- Short-term disability (STD) benefits: Short-term disability insurance is designed to provide income replacement for a temporary period when an individual loses their ability to work due to an orthopedic injury. Individuals are able to receive these benefits for an orthopedic injury if they have suffered functional loss as a result of their injury and may be out of work for a few months.
- Long-term disability (LTD) benefits: Long-term disability insurance works by providing income replacement to injured parties for an extended period. If you have suffered an orthopedic injury that results in a long-term or permanent disability, such as a chronic joint condition, a spinal cord injury, or the loss of limb function, long-term disability benefits can offer financial support for a more extended period.
When filing a claim for benefits, it is crucial that you understand what types of benefits you may qualify for based on your specific situation. Consulting with a knowledgeable disability insurance attorney can help guide you through the process and ensure all necessary documents are presented to prove your case and get you the benefits you deserve.
Checking Eligibility for Disability Benefits
If you have suffered an orthopedic injury, you may be entitled to receive disability benefits. There are various types of benefits that you may be entitled to receive. It is important to determine whether or not you truly qualify for the benefits that you are considering applying for.
To qualify for disability benefits, your injury must be severe enough that it prevents you from working or performing daily tasks. This means that the injury should significantly impact your ability to stand, walk, lift objects, or perform other physical activities required by your job. The injury must also prevent you from being able to work for at least 12 months for federal disability coverage.
In general, eligibility for disability benefits will depend on whether or not you have paid into Social Security administration. If you have enough work credits to qualify for the benefits, you may be eligible for SSDI. If you do not qualify for SSDI benefits, you may still be eligible to receive supplemental security income or SSI.
Additionally, you may have the ability to file for disability compensation from the Department of Veterans Affairs. In order to qualify for VA disability benefits, you must be able to demonstrate that your orthopedic injuries are related to your military service. After you file a VA disability claim and establish a service connection, you may be entitled to VA disability benefits. Working with our veterans’ disability lawyers can provide you with the best chance of getting the benefits you deserve.
When applying for disability benefits due to an orthopedic injury, medical examinations and documentation of the severity of the condition will play a critical role in determining your eligibility for compensation.
It can be incredibly complex to file for benefits through the Social Security Administration or through the Department of Veterans Affairs. For this reason, it is in your best interest to seek the guidance of a disability lawyer from Edelstein Martin & Nelson as soon as possible.
Filing a Claim for Disability Benefits
If you have experienced an orthopedic injury that has made it impossible for you to work, filing a disability claim may be your best option. There are several steps that you should take to prepare and file for your benefits.
- Gather all necessary documentation: Before beginning your application process, it is important to ensure that you have all of the appropriate supporting medical documentation of your spine injuries, muscle injuries, orthopedic disabilities, or other painful conditions that prevent you from working.
- File online or in-person: You can file your claim for disability benefits either online or in person through the Social Security Administration. VA disability claims can also be filed online or by mail by disabled veterans.
- Provide detailed information: During the application process, it is critically important that you provide detailed information about your orthopedic conditions. This includes information like when they began and how they impact your daily life. If your orthopedic injury caused you any range of motion limitations, make sure that you provide this information in your VA disability claims or claims for the Social Security Administration.
- Attend medical examinations: The SSA and the Department of Veterans Affairs may require you to attend one or more medical exams so that they can assess the severity of your orthopedic condition.
- Wait for a decision: After submitting all of the necessary documentation and medical records and attending the medical exams, you will have to wait for a decision from the appropriate administration. In some cases, this can take several months for them to come to a determination.
Filing a disability claim for an orthopedic injury requires patience, attention to detail, and persistence. To provide yourself with the best chance of getting benefits and compensation, it is important that you seek help from a skilled disability lawyer as soon as possible. Our team handles cases for clients all over the United States, and we can help you, too.
What Documentation is Needed to File My Claim?
When filing for disability benefits for an orthopedic injury, it is important to provide thorough documentation of your orthopedic conditions and related medical treatment. This includes medical records, diagnostic test results, and treatment plans from all healthcare providers who have treated your orthopedic injuries.
You may also need to provide evidence of the impact that your injury has had on your ability to work or perform daily activities. This can include letters from employers, coworkers, and even family members who describe how your injuries have impacted your life and affected you on a personal and professional level.
In addition, you will need to submit a detailed application form that outlines your personal information in your history of employment. It is critically important that this paperwork is filled out accurately and completely in order to avoid any delays or denial in the processing of your claim for disability benefits for your orthopedic injuries.
If you are filing a VA disability claim that is specifically for your orthopedic condition related to a medical service injury, you may need additional documentation. This can include your military service records and all of your medical records.
Providing comprehensive documentation outlining your orthopedic disabilities can significantly increase the likelihood of a successful disability claim. If you need assistance with your claim for disability benefits, you should reach out to a disability insurance lawyer as possible.
How Long Does the Process of Filing for Disability Benefits Take?
The process of filing for disability benefits can be quite lengthy, depending on the type of benefits that you are seeking. Unfortunately, the timeline can vary significantly depending on various factors.
If you are filing a claim for SSI or SSDI benefits, you may have to wait a period of six months from the date of your disability in order to receive benefits. If you are filing a claim for the Department of Veterans Affairs, it can take several years for you to be able to get the benefits that you qualify for.
If you qualify for short-term disability benefits or long-term disability benefits, you will generally receive these benefits much quicker than any benefits provided to you through a government program.
Let Our Disability Attorneys Help with Your Orthopedic Injury Claim
If you have been left disabled as a result of an orthopedic injury, and you are interested in seeking disability compensation and other benefits to which you may be entitled, reach out to our team at Edelstein Martin & Nelson.
Our knowledgeable and aggressive disability lawyers have decades of experience guiding individuals across the nation on their disability claims. Our team can help you get the money and benefits that you qualify for. We will do everything in our power to ensure that you are fully compensated and that you have the financial resources that you need to move forward.