Are you currently working? If you are working and you are consistently making more than $1,620 per month, you will probably not be considered disabled.
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Receiving Disability Benefits for Arthritis
Many people believe arthritis only affects the elderly. While arthritis in some of its forms is more prevalent in the elderly, there are many types of arthritis, and in some cases, neither the young nor the elderly are spared. Arthritis can make it extremely difficult to work or to complete your day-to-day tasks. Your chances of obtaining disability benefits for your arthritis increase significantly when you have an experienced disability attorney from Carmichael Law Group to assist you.
The Social Security disability attorneys from Carmichael Law Group have compassion for your situation and believe we can help you get the benefits you need and deserve. We know you are unable to work and make a living, yet the Social Security Administration may be denying your application for disability benefits. We are highly skilled and experienced in every single aspect of Social Security disability. No matter what stage of the process you are at—the initial application or a subsequent appeal following a denial of your application—Carmichael Law Group can help.
At Carmichael Law Group, we understand that while meeting your impairment listing requirements is important, your story is even more important. Your story clearly shows that not only do you meet SSDI’s five-step review process, but it also shows the impact your impairment has on your life and on your ability to work and make a living. When your story is told in a skilled manner, your likelihood of receiving the disability benefits you need and deserve increases significantly.
Social Security does not pay for partial disability or short-term disability—only total disability. SSA determines whether you are disabled by asking the following five questions:
- Are you currently working? If you are working, and you are consistently making more than $1,310 per month, you will probably not be considered disabled.
- Does your disability prevent you from performing basic work-related activities (walking, standing, sitting, remembering)? In short, is your condition considered “severe?”
- Does your disabling medical condition meet or equal the severity of a listing found in the Blue Book list of medical conditions?
- Are you able to do the work you did prior to your disability?
- Can you make an adjustment to do any other type of work?
What is Arthritis?
There are several types of arthritis. Osteoarthritis is the age-related wear and tear of the joints. Osteoarthritis can be exacerbated by a lack of physical exercise and excess weight. Osteoarthritis generally involves joint pain and progressive stiffness and pain that develops slowly, over time. Rheumatoid arthritis is an autoimmune disease that tends to affect the small joints of the hand and the wrists.
Rheumatoid arthritis can lead to many other medical conditions. In rare cases, when a bacterium or virus enters the joint, infectious arthritis can occur. Rheumatoid arthritis involves painful swelling, inflammation, and stiffness—usually in the wrists, legs, arms, or fingers. Rheumatoid arthritis symptoms can progress much more quickly than osteoarthritis symptoms.
Other rare forms of arthritis include fibromyalgia, psoriatic arthritis, and septic arthritis. The term “arthritis” literally means the destruction of joint surfaces. While arthritis can be hereditary, lifestyle and work influence whether an individual will develop arthritis.
As an example, a person who sits for their job and is not physically active outside their job could develop arthritis (inflammation) in the spine. In fact, the food we consume, our environment, and our sedentary lifestyles are all risk factors associated with arthritis. Serious arthritis can prevent you from working or engaging in your normal day-to-day activities.
What Qualifies as a Disability?
Hiring a disability lawyer for arthritis claims takes the stress off of you to prove that you have a qualifying disability. Arthritis alone is not enough to show how the condition impacts your ability to work.
A qualifying disability is one that:
- Impacts your ability to engage in a substantial gainful activity (SGA). You cannot earn more than $1,620 per month in 2025 and be considered disabled.
- Is considered “severe.” Disability benefits require you to have a disability that will impact your ability to lift, walk, stand, sit or even remember and last 12 months or more.
- Found in the SSA Blue Book. A condition must be in the list of impairments in the Blue Book, but in some cases, a disability may not be listed. Arthritis is one of the conditions that is listed in the Blue Book.
- Stops you from doing work that you did previously. Can you still perform the same work as you did in the past, even with arthritis? If so, you do not have a qualifying disability.
- Prevents you from doing any other type of work. Depending on your age, you may be required to show that you cannot perform any other work to be approved for disability benefits. If you have transferable skills, you may not be eligible for disability.
The SSA does outline special situations for certain groups of individuals, such as a child with disabilities, a person who has low vision or is blind, survivors or wounded warriors and veterans.
We’ll help you better understand if you qualify for disability and can help you with the initial filing process. If your initial claim is denied, we’ll fight back against your denial.
What if Your Application is Denied?
An estimated three out of five initial SSD applications are denied. Although disheartening, a denial is just a bump in the road – not the end of it.
Applicants have four opportunities to appeal the SSA’s decision:
Request for Reconsideration
If your initial application is rejected, you can ask the SSA to reconsider their decision. You have 60 days to file this request and will have the opportunity to provide additional evidence to support your application.
Request a Hearing with an Administrative Law Judge
If your request for reconsideration is denied, you can request a hearing in front of an administrative law judge (ALJ). During the hearing, you will have the opportunity to present more evidence to support your case, call on witnesses and cross-examine witnesses.
Because these hearings can be complex, it is highly advised that you work with a disability lawyer for arthritis to ensure you’re prepared and make the best argument for your case.
Request a Review of the Hearing
If the ALJ returns an unfavorable decision, you can request a review with the Appeals Council. If the Council reviews your case, they may return it to a judge for further review or make a decision.
Take Your Case to the U.S. District Court
Finally, you can file a federal district court action if you don’t agree with the Appeals Council’s response.
Each stage of the appeals process becomes increasingly more complicated. Working with an experienced attorney is highly advised.
If your arthritis prevents you from working but your SSD application has been denied, contact attorney Brian Carmichael today to schedule a free consultation and discuss your options.
3 Tips for a Successful SSD Application
Although many initial SSD applications are denied, there are steps you can take to improve your odds of approval.
1. Make Sure Your Application is Complete and Accurate
Many SSD applications are denied simply because they are incomplete or inaccurate. Even a minor mistake can cause your application to be denied and delay your much-needed benefits.
Before submitting your application, double-check to ensure you’ve filled it out completely and that all of the information is accurate. Some of the questions are personal, but you must be thorough and honest if you hope to have your claim approved.
2. Keep All of Your Medical Documentation
When reviewing your application, the SSA will be looking for medical evidence showing that your arthritis is severe enough to prevent you from working.
Make sure that you save any and all documents from healthcare facilities you visit and doctors you see, even if they don’t seem relevant.
Keep all of your medical documentation in one easy-to-access place to save time when preparing your application.
3. Work with an Experienced Attorney
Applying for SSD is a lengthy and complex process. An experienced disability attorney can guide you through the process, ensuring you provide the right evidence and all required information to support your application.
Is Arthritis a Disability Under Social Security Disability Rules?
To qualify for a disability under SSA rules, your disability must be listed in the SSA impairment listings—the listings that are used to approve or deny an individual benefits. Arthritis can be found in the impairment listings under Section 14.00, Immune system Disorders. Under 14.09, Inflammatory arthritis, the following requirements must be met to qualify for an arthritis disability:
- Persistent inflammation or deformity of:
- One or more peripheral weight-bearing joints that result in the inability to effectively move that joint, OR
- One or more major peripheral joints in an upper extremity that results in the inability to perform fine movements, OR
- Inflammation or deformity of one or more major peripheral joints with:
- Involvement of two or more body systems or organs with one of those body systems or organs having at least a moderate level of severity, AND
- At least two constitutional symptoms: fever, malaise, involuntary weight loss, severe fatigue OR
- Ankylosing spondylitis or other spondyloarthropathies, OR
- Repeated manifestations of inflammatory arthritis with a minimum of two constitutional symptoms (fever, malaise, involuntary weight loss, severe fatigue) and at least one of the following:
- An inability or limitations in completing tasks in a timely manner
- An inability or limitations in maintaining social functions
- Limitations in your daily living activities.
Providing Proof for Arthritis and Disability Benefits
If you are unable to meet the impairment listings requirements above, your attorney can help you determine which tests or medical evidence you are lacking, then your doctor can help you have those tests. Even if your arthritis fails to meet every requirement listed, you could still be eligible for disability benefits by requesting a residual functional capacity (RFC) assessment. Such an assessment can prove you are unable to work in your normal field of work due to your arthritis.
This RFC will need to be completed by a doctor. It will thoroughly outline your arthritis symptoms and how those symptoms affect your ability to work. The doctor will determine how long you can walk, stand, and sit, or how much you can push and pull. Any other physical limitations will be detailed. It could be helpful to keep a daily journal detailing how your arthritis affects your ability to work and complete day-to-day activities, as well as your pain levels each day
Getting Help with Your Arthritis and Disability Benefits from Carmichael Law Group
Obtaining arthritis and disability benefits can be complex. Because of this, it is important that you have a highly experienced Social Security disability attorney who understands what the SSA is looking for and can help you provide that information. Our knowledge of SS disability law, along with our resources and compassion for those we help creates the best possible chance of success. We will fight for you and for your disability benefits every step of the way. Contact Carmichael Law Group, LLC today.
