People who have recently undergone a major amputation may be looking into submitting a claim for Social Security disability benefits. If this is your first time applying, you may not completely understand the process. It is the duty of a social security disability lawyer to assist you in the process so that you are aware of your rights. Amputation does not guarantee you disability benefits. The SSA, Social Security Administration, can deny you benefits based on the status of your condition.
We understand how difficult it can be to go through this process and be denied benefits, so we have created a guide to help you understand the amputation regulations. You can contact a social security lawyer at the Law Offices of Dr. Bill LaTour if you need personalized legal consultation.
Residual Functional Capacity
Residual Functional Capacity or RFC is an assessment done by the SSA to test the severity of your disability. The SSA has a team of medical experts they enlist to review claims and examine the physical capacities of claimants. When you file an amputation claim, the SSA will assess if the amputation has affected your upper or lower body capabilities.
For lower-body amputees, the SSA will look at your ability to walk, crawl, bend your knee and other functions. They do not treat all lower body amputations equally and primarily view amputations at the ankle or higher as eligible for disability.
Upper-body amputees will have their motor skills, writing and grasping capabilities examined. After you have been examined, the SSA will determine if your amputations leave you unable to work. If they believe that you can still perform your work duties, your claim will be denied.
Amputations That Automatically Qualify For Benefits
The SSA has created a list of amputations that they believe automatically qualify for disability benefits. Claimants with these types of amputations are rarely denied disability benefits:
- Hip Disarticulation
- Hemipelvectomy (pelvic amputation)
- Dual amputation of a hand and a foot or leg
- Amputation of a lower extremity resulting in a stump
- Amputation of both hands
Supplemental Security Income
Amputees that try to apply for SSI are able to receive Social Security benefits due to their presumed disability. Officials at the SSA office that notice the amputation of the legs or hands will immediately grant you benefits as soon as you apply for them. The administration will approve you for six months of disability payments.
These disability payments are known as presumptive disability. It is a separate from SSI and you can still be denied SSI benefits by the administration. Speak to a social security lawyer such as Dr. Bill LaTour to learn more.
Contact Dr. Bill LaTour
The legal team at The Law Offices of Dr. Bill LaTour fight for the rights of disabled patients all throughout the greater Los Angeles area. Our dual expertise in medicine and law enables us to understand the intricacies of your medical condition and how it relates to your case. The Law Offices of Dr. Bill LaTour can give you expert advice about the social security system and help you recover back pay and disability payments. Contact us today for a free consultation with a social security lawyer you can trust.