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The amputation is rarely what is argued about. What you can do with a prosthesis, for how long, is.
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Every other condition on this site involves an argument about severity. Amputation does not. The limb is gone, the records say so, and nobody suggests otherwise. Some amputations meet the criteria on the medical evidence alone, and where that applies the claim can be relatively direct.
For everyone else, the argument moves somewhere unexpected. Once a prosthesis is fitted, the assumption is that function has been restored and work is possible. That assumption is made by people who have never worn one for eight hours.
The prosthesis is not the leg. Using it costs energy, it has to fit, the residual limb has to tolerate it, and the other side takes the load for the rest of your life. Those four things are what a difficult amputation claim is actually about.
Loss of a hand, arm, foot or leg from any cause, including diabetes and vascular disease, road collisions, and injury at work. Loss of fingers or toes where function is significantly affected. Where the amputation happened at work, a workers’ compensation claim usually exists alongside this one and both are handled here.
These are the four things that decide an amputation claim once the obvious part is settled.
Tolerance is the whole question and it is almost never in the file. Somebody who can wear a prosthesis comfortably for two hours before the residual limb becomes painful cannot work an eight hour shift, and nothing in the medical records says that unless the prosthetist was asked.
Skin breakdown, ulceration, neuroma pain, volume changes that stop the socket fitting, and repeated refitting. Where the underlying cause was diabetes or vascular disease, healing problems are part of the condition rather than bad luck.
Walking with a lower limb prosthesis takes more effort than walking without one, and the higher the level of amputation the greater the difference. Fatigue across a working day is a real limitation and it gets left out because it sounds like an excuse.
It does the work of two, and over years that shows. Pain and deterioration in the remaining leg, or in the shoulder of a remaining arm, is a predictable consequence and belongs in the claim rather than being treated as a separate complaint.
They are treated as one subject and they should not be, because they close off entirely different kinds of work.
The limitation is standing, walking and stability, and the standard answer is seated work. Whether that answer holds depends on things that are not obvious: how long you can sit with a prosthesis on, whether you can get across a workplace, what happens on stairs or uneven ground, and whether the limb tolerates a full day at all.
Seated work is not an answer, because the difficulty travels with you. Most jobs require two hands more often than people assume, and a prosthetic hand does not restore fine manipulation. Whether the loss was to the dominant side matters a great deal, and so does the point at which somebody had to relearn writing, typing or driving.
Loss affecting both hands, or a leg and an arm, is assessed on a different footing from a single limb. So is an amputation alongside the condition that caused it, which in diabetic and vascular cases is usually still present and still progressing. Claims that describe the amputation alone and leave out the underlying disease understate themselves substantially.
General information, not legal advice. Every case turns on its own facts. The only way to know where yours stands is to have someone look at it.
Possibly, and it depends on things nobody has yet written down. How long can you wear it before pain stops you, how far can you walk and how often, what does the residual limb look like at the end of a day, and how many hours could you repeat that five days a week. Those answers decide the claim and they usually have to be gathered rather than found.
Do not wait for a final prosthetic fitting before speaking to somebody. Healing, fitting and rehabilitation take a long time and there are consequences to filing late as well as early. Tell us the date of the amputation and where things stand, and we will advise on timing.
Then you are likely to have a workers’ compensation claim as well as a disability claim, and in Ohio a claim for loss of a body part is handled differently from the rest of a compensation claim. Both are dealt with in this office, which is the practical reason it matters that you mention it.
That can still support a claim, and it turns on which fingers and what you can no longer do. Grip, pinch and the ability to handle small objects repeatedly are what is assessed, along with the effect on your particular work history. It is worth a conversation rather than an assumption.
Then the claim should describe both. Neuropathy, vision problems, kidney involvement and the risk to the remaining limb are all part of the picture, and a claim built on the amputation alone leaves out most of the condition.
Our fees are set by federal statute, are contingency only, and are the lesser of 25% not to exceed the statutory maximum of $9,200.
There is nothing to pay up front and nothing to pay if the claim does not succeed. The fee comes out of past-due benefits when they are awarded, and it has to be approved.
The conditions we have written about are the ones we are asked about most often. They are not the only ones that qualify, and the list is not a test you have to appear on.
A disability claim is decided on what your conditions do to your ability to work, not on the name of the diagnosis. Several problems that are each manageable on their own can add up to something that is not, and that combination is frequently the strongest part of a claim.
If what you have is not on this site, that tells you nothing about your claim. Tell us what you have been diagnosed with and what it stops you doing, and we will tell you honestly whether it is worth pursuing.
The rest of this practice area, in case your situation fits one of them better.
One incident can open more than one claim, and they are handled together here.
I highly recommend for anyone dealing with the disability process to contact Casper, Casper & Casper. Steve Casper along with Ben Hite were VERY helpful in the entire process. If I a had any questions or concerns; they had the answers and reassured me everything would be okay. They worked diligently on my case for months and I was FINALLY approved. This team of attorneys WILL help fight for you as they have for me.
I had been denied two times for social security after life changing damages to my back, ankle and knee, had paid into social security all my life and I'm 60 years old now. Steven Casper was compassionate and thorough and walked me through the process without any money to pay him he was able to get my social security approved and every dime of back pay for those two years I had waited and has assured me that if anything comes up he's there for me.
After I spent two years in a frustrating battle with the SSA, I finally contacted Casper, Casper, & Casper, and Robin took my disability case. In about six months, Robin had won my case, along with back pay. The whole process of working with this firm was pleasant and painless. The staff was quick to respond to my many questions and also to update my changing medical information.
If you have been denied disability benefits, I would DEFINITELY RECOMMEND this lawyers office!! Robin Partin and associates worked diligently on my case and fought for me! They were my voice and I won! 10/10
I really cannot say enough about my attorney Steven Casper and his work ethic and professionalism. Also his legal assistant Ben, these two did a lot of prep work and fielding my many emails and answering my questions. Steven Casper prepped me personally for my appeal and court with an administrative law judge. This process is very slow dealing with Social Security but he kept me informed every step of the way with great detail and it played out exactly as he had described.
I can't thank Casper, Casper and Casper enough for what they did for me. From start to finish it took less than a year for them to help me get disability benefits. They did almost all of the groundwork and made it as painless for me as possible. I would highly recommend them to anyone.
No cost, no obligation, and no fee unless we win.
Free consultation, no fee unless we win.
No fee unless we win
