Can You Get Disability for Arthritis

Arthritis is an incredibly common medical condition. According to the Centers for Disease Control and Prevention (CDC), 58.5 million people have been diagnosed with some form of arthritis.  If you have been diagnosed with arthritis that prevents you from working, you may be eligible for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) from the Social Security Administration (SSA).

To qualify for disability benefits, you will need to not only prove that you have been diagnosed with arthritis, but that your symptoms are severe enough that you are unable to work. To support your application, you will need to submit medical evidence and other documentation to prove that you are disabled in accordance with SSA guidelines. 

The lawyers of Bross & Frankel have substantial experience representing clients before the SSA. From initial applications to disability appeals, we are fierce advocates for people with disabilities. Reach out today to schedule a free consultation with a New Jersey disability attorney.

Can You Get Disability for Arthritis?

Arthritis is a broad term that covers a number of conditions. Generally, arthritis involves the swelling and tenderness of one or more joints. There are several different types of arthritis, including:

• Osteoarthritis (the most common type)
• Rheumatoid arthritis
• Juvenile idiopathic arthritis 
• Psoriatic arthritis
• Reactive arthritis
• Septic arthritis
• Gout
• Ankylosing spondylitis

The symptoms of arthritis can vary based on the type, but people with arthritis may experience joint pain, stiffness, swelling, redness, and decreased range of motion. Over time, arthritis can lead to joint damage, which can make it difficult to carry out daily tasks.

A person who has been diagnosed with arthritis may be considered disabled. The SSA uses a 5-step sequential process to determine if a person is disabled:

1. Can they still work or perform substantial gainful activity? 
2. Is their condition severe and has lasted or is expected to last 12 months or longer or be terminal?
3. Does their condition meet or equal a condition on the listing of impairments (Blue Book)?
4. If not, can they do the type of work that they previously performed? 
5. If they cannot perform their past work, can they perform any work?

If you meet these criteria, then you may be eligible for SSDI and/or SSI benefits.

Disability Rating for Arthritis

The SSA uses a guide, known as the Blue Book, to determine whether an individual’s medical or mental health condition will qualify them for disability benefits. The Blue Book contains specific criteria and symptoms that must be met in order to qualify.

There are different Blue Book listings for different types of arthritis. While osteoarthritis does not have its own listing, it is covered under the Musculoskeletal section of the Blue Book. Generally, it may be considered a disorder of the skeletal spine resulting in compromise of a nerve root, or an abnormality of major joint(s) in any extremity. 

For a disorder of the skeletal spine, an individual will have to document each of the following four categories:

1. Neuro-anatomic (radicular) distribution of one or more of the following symptoms consistent with the compromise of the affected nerve root(s):
   1.  Pain; or
   2.  Paresthesia; or
   3. Muscle fatigue.

AND

2. Radicular distribution of neurological signs present during physical examination or on a diagnostic test and evidenced by 1, 2, and either 3 or 4:
   1. Muscle weakness; and
   2. Sign(s) of nerve root irritation, tension, or compression, consistent with the compromise of the affected nerve root; 
   3. Sensory changes evidenced by:
      1. Decreased sensation; or
      2. Sensory nerve deficit (abnormal sensory nerve latency) on electrodiagnostic testing; or
      3. Decreased deep tendon reflexes.

AND

3.  Findings on imaging consistent with the compromise of a nerve root(s) in the cervical or lumbosacral spine.

AND

4. Impairment-related physical limitation of musculoskeletal functioning that has lasted, or is expected to last, for a continuous period of at least 12 months, and medical documentation of at least one of the following:
   1. A documented medical need for a walker, bilateral canes, or bilateral crutches or a wheeled and seated mobility device involving the use of both hands; or
   2. An inability to use one upper extremity to independently initiate, sustain, and complete work-related activities involving fine and gross movements and a documented medical need for a one-handed, hand-held assistive device that requires the use of the other upper extremity or a wheeled and seated mobility device involving the use of one hand; or
   3. An inability to use both upper extremities to the extent that neither can be used to independently initiate, sustain and complete work-related activities involving fine and gross movements.

In other words, a person’s osteoarthritis must be fairly advanced and have severe symptoms in order to meet or exceed the Blue Book listing for a disorder of the skeletal spine.

Alternatively, a person with osteoarthritis may meet the listing for an abnormality of a major joint or joints if they document each of the following categories:

1.  Chronic joint pain or stiffness.

AND

2.  Abnormal motion, instability, or immobility of the affected joint(s).

AND

3. Anatomical abnormality of the affected joint(s) noted on:
   1. Physical examination (for example, subluxation, contracture, or bony or fibrous ankylosis); or
   2. Imaging (for example, joint space narrowing, bony destruction, or ankylosis or arthrodesis of the affected joint).

AND

4. Impairment-related physical limitation of musculoskeletal functioning that has lasted, or is expected to last, for a continuous period of at least 12 months, and medical documentation of at least one of the following:
   1. A documented medical need for a walker, bilateral canes, or bilateral crutches or a wheeled and seated mobility device involving the use of both hands; or
   2. An inability to use one upper extremity to independently initiate, sustain, and complete work-related activities involving fine and gross movements, and a documented medical need for a one-handed, hand-held assistive device that requires the use of the other upper extremity or a wheeled and seated mobility device involving the use of one hand; or
   3. An inability to use both upper extremities to the extent that neither can be used to independently initiate, sustain and complete work-related activities involving fine and gross movements.

Inflammatory arthritis, such as rheumatoid arthritis and psoriatic arthritis, is evaluated under the Immune System disorders section of the Listing of Impairments. To meet the listing for inflammatory arthritis, an individual must document one of the following:

1. Persistent inflammation or persistent deformity of:
   1. One or more major peripheral joints in a lower extremity and medical documentation of at least one of the following:
      1. A documented medical need for a walker, bilateral canes, or bilateral crutches or a wheeled and seated mobility device involving the use of both hands; or
      2. An inability to use one upper extremity to independently initiate, sustain, and complete work-related activities involving fine and gross movements, and a documented medical need for a one-handed, hand-held assistive device that requires the use of the other upper extremity or a wheeled and seated mobility device involving the use of one hand; or
   2. One or more major peripheral joints in each upper extremity and medical documentation of an inability to use both upper extremities to the extent that neither can be used to independently initiate, sustain, and complete work-related activities involving fine and gross movements.

OR

2. Inflammation or deformity in one or more major joints of an upper or a lower extremity with:
   1.  Involvement of two or more organs/body systems with one of the organs/body systems involved to at least a moderate level of severity; and
   2. At least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss). 

OR

3. Ankylosing spondylitis or other spondyloarthropathies, with:
   1. Ankylosis (fixation) of the dorsolumbar or cervical spine as shown by appropriate medically acceptable imaging and measured on physical examination at 45° or more of flexion from the vertical position (zero degrees); or
   2. Ankylosis (fixation) of the dorsolumbar or cervical spine as shown by appropriate medically acceptable imaging and measured on physical examination at 30° or more of flexion (but less than 45°) measured from the vertical position (zero degrees), and involvement of two or more organs/body systems with one of the organs/body systems involved to at least a moderate level of severity. 

OR

4. Repeated manifestations of inflammatory arthritis, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
   1.  Limitation of activities of daily living.
   2.  Limitation in maintaining social functioning.
   3. Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace.

If you have been diagnosed with inflammatory arthritis, you may qualify for benefits if your symptoms meet or exceed one of these listings.

How to Get Disability for Arthritis

To get disability benefits for arthritis, you will need to file an application with the SSA. This can be done online, via telephone, or at a local SSA field office. 

In addition to filling out the forms, you will need to submit supporting documentation to prove that you have a particular diagnosis, that you exhibit certain symptoms (such as swollen joints or tender joints)  that meet or exceed the criteria for a Blue Book condition, and/or that you are unable to work due to your disability. Medical evidence of your diagnosis and symptoms is incredibly important to prove that you are disabled.

A doctor or other medical professional should document your diagnosis, including any diagnostic tests, your current symptoms, and the progression of the disease. Your medical records should also note factors such as an inability to walk reasonable distances, your use of assistive devices such as a cane or walker, any difficulties that you have in performing daily tasks, and challenges that you might have with fine and gross motor movements. Any medications that you take to manage the symptoms of your arthritis should also be noted.

Importantly, even if you don’t meet a Blue Book listing, you may still qualify for SSDI and/or SSI benefits if your condition leaves you unable to work. This is determined by an evaluation of your Residual Functional Capacity (RFC). Essentially, an RFC is an analysis of your ability to work based on the limitations that you have related to your disability. If you cannot perform your past work or any available work for which you are qualified, then you may be eligible for disability benefits even if you do not automatically qualify.

The majority of initial applications for disability benefits are denied. Working with an experienced disability attorney can help you avoid many of the common pitfalls associated with SSA denials. If your claim is denied, however, you can still file an appeal with the SSA.

What Types of Arthritis Qualify for Disability?

Any type of arthritis may qualify for Social Security disability, depending on the severity of the symptoms. While osteoarthritis is not listed in the SSA’s Blue Book, a person with this condition could still be eligible for benefits. Individuals with an inflammatory disease like rheumatoid arthritis or psoriatic arthritis may also qualify based on the listing for autoimmune disorders.

The key to a successful SSDI/SSI application often lies in putting together enough supporting documentation to prove that you are unable to work due to your disability. Our legal team will help you get the medical evidence that you need to qualify for benefits. Contact Bross &  Frankel today for a free initial consultation.

How Hard Is It to Get Disability for Arthritis?

Because the Blue Book does not contain a specific listing for osteoarthritis, it can be more difficult to be approved for Social Security benefits for this type of osteoarthritis (particularly compared to inflammatory arthritis). That is why it is incredibly important to document your diagnosis, the severity of your symptoms (such as joint damage and swollen joints), and how your condition limits or prevents your ability to work.

At Bross & Frankel, we have substantial experience putting together strong applications for Social Security disability benefits. We will work with you to help you understand your rights, and will help you file an initial claim or an appeal. Give our office a call to schedule a free claim review.

What Type of Arthritis Qualifies for Disability?

Any type of arthritis – including osteoarthritis and rheumatoid arthritis – may qualify for Social Security disability benefits. The main question is whether a person’s arthritis is so severe that they are unable to participate in “substantial gainful activity.” If your arthritis symptoms make it difficult for you to perform basic tasks, then you may be eligible for SSDI and/or SSI.

Proving that your arthritis is disabling can be a challenge. If you are considering filing for disability because of your arthritis, reach out to Bross & Frankel. Our team of disability attorneys will work with you to put together a strong application for benefits.

Suffering from Arthritis? Reach Out Today

Any type of arthritis can be incredibly debilitating. If you find yourself struggling to perform daily living tasks or perform any work, then you may be eligible for Social Security disability benefits. Our law firm can help.

Bross & Frankel is committed to helping people with disabilities get the benefits that they need. We represent clients throughout Pennsylvania and New Jersey in a range of disability benefits matters. To learn more or to schedule a free claim review, call us at 866-861-5942 or fill out our online contact form.