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Disability Benefits for Amputations
Amputation occurs when a person’s body extremity is removed, either by trauma or surgery. Certain medical conditions may contribute to amputation, such as atheroslcerosis and mellitus. It is estimated that there are approximately 1.8 million amputees in the United States today. As a result of the impairment to the person resulting from the amputated extremity, the amputee may be eligible for Social Security Disability Insurance (SSDI) benefits under certain circumstances.
Are Amputations Eligible for Disability Benefits?
In order to qualify for disability benefits based on amputation, the person must meet on the Social Security Administration’s (SSA) medical listings, as follows:
- Amputation of both hands;
- Amputation of one or both lower extremities at or above the ankle, thus impairing one’s ability to walk;
- Amputation of one hand and one lower extremity at or above the ankle, thus impairing one’s ability to walk; OR
- Hemipelvectomy or hip disarticulation.
Therefore, the fact that you have had a body extremity amputated does not automatically qualify you for disability benefits. Rather, you will have to show that your amputation has caused you to be unable to work and/or perform daily living activities.
Plus, SSA will consider the condition of the amputated stump without a prosthetic device, particularly if you claim a medical inability to use a prosthesis in order to assist you with your daily activities and/or working.
If you qualify for SSDI benefits based on amputation(s), the amount of your benefits will depend on the amount of your earnings, or credits, as measured by SSA regulations. In order to receive the maximum amount of disability benefits, you must work for at least ten years, which gives you the opportunity to earn a total of forty maximum credits, or four credits per year. As a result, the amount of SSDI benefits to which you are entitled are based solely on your work history and earnings record.
Applying for Disability Benefits for Amputations
In order to apply for SSDI due to disability based on amputation(s), you should fill out SSA’s standard application for SSDI, and sign releases that permit your medical providers to send your medical history and records to the SSA for consideration of your disability claim. The SSA may also require that you undergo a medical examination of your disability by an independent physician or medical provider. After the SSA has examined your application and medical records, a SSA official will make a determination as to your eligibility for SSDI benefits.
Issues and Denials
One of the major issues that may arise when a person files for SSDI benefits based on amputation(s) is whether a prosthetic device can effectively help the person ambulate, perform daily living activities, or work. However, many persons, even if they would benefit from the use of a prosthetic device, cannot afford to purchase the prosthesis. Therefore, the potential inability of the person to afford the device may be a factor in ultimate benefit eligibility determination by the SSA.
How a Disability Attorney Can Help
An experienced disability benefits attorney can assist you in ensuring that you receive the SSDI benefits to which you are entitled, as well as guide you through any necessary appeals should SSA deny your application for SSDI benefits. Because of the complexity of the SSDI application process, you may have a more successful claim if you enlist an attorney’s assistance from the beginning of the application process.
