The gut-wrenching sound of a knee injury is a familiar sound for athletes. You may have witnessed a knee injury watching a professional basketball game. Knee injuries account for 50% of all injuries in athletes. But knee injuries don’t just happen under the lights in a large stadium. Knee injuries and pain are common in our everyday life and can result in a lifetime of pain and problems. Here are five things you need to know about knee injuries and long-term disability claims.
#1: Knee Pain Is the Most Common Type of Joint Pain In the United States
Knee pain can start with weakened joints as early as childhood. Although exercise can help, as you get older, the joint continues to get weaker. Eventually, you will need knee surgery that can limit the type of work you can do for the rest of your life.
#2: You Can Inherit Bad Knees
Just as you can inherit red hair or brown eyes from your parents, you can also inherit joint weakness called Familial Osteochondritis Dissecans. People with this condition develop lesions over their joints, causing weakness, and eventually, the joint gives away, leaving you in significant pain and needing surgery. A similar condition, called Sporadic Osteochondritis Dissecans, is when a single lesion forms around only one joint – usually the knee.
#3: Knee Surgery Recovery Period Can Be Longer Than You Expect
Short-term disability benefits cover routine procedures like c-sections, hysterectomy, and other minor surgeries that have a normal recovery period of fewer than six months. Knee surgeries are different. Depending on the type of knee surgery, it could take four months or more to recover before starting intense therapy to work the knee normally again.
#4: LTD Insurance Companies Will Try To Stay You Can Still Work Even With Chronic Pain
Chronic knee pain can be caused by many types of arthritis and degenerative joint disease. The insurance company will try to argue that you can still work a sedentary job like sitting at a desk all day. If you have chronic knee pain, this is a ridiculous argument. Although you may be sitting at your desk, you still move your knees, you always get up and down to interact with co-workers for work-related duties, use the restroom, check the mail, use the fax or copy machine, etc. Once your pain starts to intensify, you can no longer think clearly and do your job correctly.
#5: Be Sure To Include Everything The Insurance Company Needs To Prove Your Claim
The insurance company will work hard to disprove your claim. Providing the insurance company with your medical file, including x-rays, test results, doctor’s visit notes, and operative notes from your surgery. Include your physical therapy notes and schedule. The doctor needs to be documenting your pain levels at every visit, but this is not always done, so be sure they are writing it down.
Seeking Long-Term Disability Benefits Following A Knee Injury
Before filing a claim for long-term disability benefits, it’s essential to thoroughly review your policy. This will help you assess whether you have a valid case for receiving LTD benefits.
As you begin compiling details for your claim, ensure that you provide a comprehensive set of information. This will improve the strength of your administrative file, which is the foundation of your case. Your administrative file encompasses:
- All correspondences between you and your insurance provider.
- Complete medical records relating to your injury.
- Doctor’s notes and recommendations.
- Any surveillance footage, if available.
For further guidance, please refer to our article on applying for long-term disability insurance benefits.
Not Sure Where To Start?
Since you are so limited by the appeals process, consider consulting a disability attorney very early on. Even with a claim for a knee injury, it can be tricky to navigate the claims and appeals process. Working with an experienced disability attorney will give you the best chance of getting the benefits you deserve. If you have been denied disability benefits, do not lose hope. Many people are denied benefits the first time they apply. You have the right to file an appeal and to get more information that may help your case.
While the process can be daunting, your expert disability attorney will be able to guide you through the process. Getting expert help is often the difference between being denied and being approved for benefits. An experienced long-term disability attorney can help you stay on top of your deadlines, help you gather your documents, assist you during field interviews, and give you guidance that will help you get your claim approved. They do not get paid until you win your case. You can seek help without worrying about upfront costs or unexpected bills.
The Ortiz Law Firm has successfully represented people in disability cases across the United States. If you would like to talk to an experienced long-term disability lawyer about your knee injury and its impact on your ability to work, we offer a free case evaluation with no obligation to use our firm. During the call, you can ask any questions you have regarding your claim, and we will answer them. To see how we can help you win your long-term disability case, call us at (888) 321- 8131.
