When most people suffer a fracture or broken bone, the bone is expected to heal in a few months, allowing them to return to work accordingly. Unfortunately, the healing process is not so quick for some. People afflicted with a fracture of the femur, tibia, pelvis or one or more of the tarsal bones can result in a long-term or permanent disability due to a long healing process. People in this situation may be eligible for Social Security Disability benefits. The following information will help you understand how the SSA reviews such claims and how to improve your chances of obtaining the benefits you may be entitled to.
Fracture of the Femur, Tibia, Pelvis, or One or More of the Tarsal Bones Condition and Symptoms
When a fracture of the femur (thigh bone), tibia (shin bone), pelvis or one or more of the tarsal bones (bones in the ankle and heel) occurs, the individual suffering from the injury is very limited in movement during the healing process. In addition to limited movement, these individuals often suffer from severe pain and must take very strong medications in order to control the pain that has been caused by the injury. These medications can have their own side effects, such as drowsiness, dizziness and nausea; which can make it impossible to work.
While most of these fractures will heal too quickly for an individual to qualify for Social Security Disability benefits, there are some cases in which it takes longer than twelve months for a person to recover from such an injury. In these cases, an individual is entitled to disability benefits, in which case you should consider beginning the application process.
Filing for Social Security Disability with Fracture of the Femur, Tibia, Pelvis, or One or More of the Tarsal Bones
When filing for Social Security Disability benefits due to a fracture of the femur, tibia, pelvis or one or more of the tarsal bones, your application is likely to be denied unless you can clearly prove that your injury will take longer than twelve months to heal.
Many people assume that fractures are not covered under any of the Social Security Administration's published disability guidelines. However, fractures of the femur, tibia, pelvis and one or more of the tarsal bones are actually included in the disability guidelines. There are certain conditions that must be met in order for an individual who is suffering from such an injury to qualify for SSD benefits.
To be able to qualify for Social Security Disability benefits, you must be able to prove to the Social Security Administration that your bone has not yet completely healed. This can be accomplished by providing up-to-date copies of your medical records and x-rays. You must also prove that your injury has resulted in an inability to walk, move around or bear weight on the injured area for twelve months or more. This can be accomplished by filing for benefits twelve months after the date of your injury or by obtaining a written statement from your treating physician stating that your recovery will take twelve months or longer.
Proving that a recovery from a fracture will take more than twelve months can be difficult, even with a written statement from your treating physician. This is why many of the Social Security Disability claims filed due to these fractures are denied if it has been less than twelve months since the date of the injury. If your initial claim is denied, you will need to pursue the disability appeal process – which can take more than two years to complete depending on the area you live in.
If you do need to appeal the SSA's decision to deny your Social Security Disability claim, you will have your case heard before an administrative law judge. By the time this happens, it will have likely been more than twelve months since the date of your fracture and you should be able to prove that your fracture took longer than twelve months to heal. In situations such as these, Social Security Disability applicants are usually awarded benefits and are given back pay by the Social Security Administration.
Fracture of the Femur, Tibia, Pelvis, or One or More of the Tarsal Bones and Your Social Security Disability Case
Proving that a fracture of the femur, tibia, pelvis or one or more of the tarsal bones is going to take longer than twelve months to heal and that you will be completely unable to work for a year or more can be difficult. The Social Security Administration will likely deny a disability claim based on such an injury unless it has already been twelve months since the injury occurred and you have sufficient medical evidence proving that your injury resulted in an inability to work for such a period of time. Because of this, you will likely need to pursue the Social Security Disability appeal process.
During your disability appeal you will need to appear before an administrative law judge at a disability hearing. The good news is that nearly two-thirds of disability cases are decided in the favor of the applicant at these hearings. However, statistics show that your chances of being awarded benefits as the result of a hearing are greatly increased with proper representation. Because of this, you should consider retaining the services of a qualified Social Security Disability attorney or advocate.
When hiring a disability attorney or advocate to represent you in your disability case, the individual you retain will ensure that the proper medical records are provided to prove your disability to the Social Security Administration. These professionals understand the disability laws and how they pertain to your specific case. It will be their job to prove that your fracture resulted in an inability to work for more than twelve months and to ensure that you receive all of the back pay and future pay that you are entitled to from the Social Security Administration.
To learn more about filing for Social Security Disability benefits due to a fracture of the femur, tibia, pelvis or one or more of the tarsal bones or to learn more about working with a disability lawyer or advocate, click here for a free evaluation of your Social Security Disability case.