Charcot’s Foot Social Security Disability Benefits

Charcot’s Foot is a disabling condition that can cause severe and debilitating pain for those who suffer from it. It can drastically reduce mobility, making it difficult or impossible to stand or walk. Fortunately, there are social security disability benefits available to help those with Charcot’s Foot manage their condition and alleviate the stress of financial hardship. 

With the proper documentation and legal representation, individuals with Charcot’s Foot can receive support to cover the costs of medical care, living expenses, and other needs. This guide provides an overview of the social security disability benefits available for those with Charcot’s Foot. It outlines the application process, eligibility criteria, and potential benefits that may be available.

What is Charcot’s foot?

Charcot’s foot is a serious joint disease that attacks the bones, joints, and soft tissue in the feet. This condition is rare, but serious, and may affect people with peripheral neuropathy. Peripheral neuropathy is a common condition for those with diabetes, but may also occur with people who have a spinal cord disease or injury, Parkinson’s disease, or HIV.

In cases with those who have diabetes, the interaction of sensory-motor neuropathy, autonomic neuropathy, trauma, and metabolic abnormalities of the bone, results in an acute localized inflammatory condition. This can lead to patterns of bone destruction, dislocation, subluxation, and deformity. 

In the early stages of Charcot’s foot, the foot is red, feels warm to the touch, and has substantial swelling of the extremity.  As the bones begin to get weaker, they can break and move out of place.

What causes Charcot’s foot?

While there is not one primary cause of Charcot’s foot, some events can act as triggers for the condition. For example, an unrecognized sprain or injury can go unnoticed by the person if they have peripheral neuropathy and cannot feel pain in their foot. 

Additionally, Charcot may occur as a complication after organ transplantation in people with diabetes, since drugs preventing organ rejection can also lead to fractures and bone loss.

What happens in Charcot’s foot?

A rocker bottom foot deformity occurs when the bones weaken and break, causing the foot to lose its shape. The arch in the middle of the foot will drop, and depending on where the bone fracture is located, toes may begin to curve underfoot. Additionally, ankle stability may be compromised.

How is Charcot’s foot treated?

Treatment for Charcot’s feet is aimed at offloading the foot, treating the bone disease, and preventing further foot fractures. At the acute active stage of Charcot’s foot, the most important strategy to manage progression is to offload the foot. Often the foot is immobilized in an irremovable total contact cast. This is initially replaced at 3 days and then checked on a weekly basis. The cast is frequently changed while the edema subsides.

People with Charcot’s foot need to avoid placing any weight on the affected foot by using crutches, a wheelchair, or a scooter. They are more fragile and run the risk of falling and fracturing bones. Total contact casts can also cause impractical stress patterns that then lead to ulcerations and fractures.

Can I receive social disability benefits for Charcot’s foot?

If you are unable to perform work activity for at least one year and have worked and paid taxes on your income for at least five of the past ten years, you may be eligible for Social Security Disability Insurance benefits.

Social Security Disability Insurance is a federally administered program that provides income for people who have sufficient work credits and are unable to work due to a medical condition that lasts or is expected to last for at least one year. If your symptoms and treatment related to Charcot’s foot have caused you to stop working, Social Security Disability Insurance benefits may be available to assist you with monthly income and Medicare insurance coverage.

How does Social Security evaluate my claim?

Social Security uses a five-step process to determine whether someone is considered to be disabled and entitled to benefits.

Confirm your working disability

Social Security will confirm that you are no longer working or engaged in “substantial gainful activity.” Social Security allows very limited part-time work with earnings falling below their allowable threshold, which adjusts on an annual basis. In 2023, the maximum monthly income permitted from work activity will increase to $1,470. Note that this is the total gross, not take-home, earnings that are permitted.

Severe impairment diagnosis

This determination will be made based on the medical records in the file. Social Security will send you various forms regarding your functioning, activities of daily living, and pain symptoms. They may also send function reports to other third parties such as family members, which they can complete regarding your level of functioning. 

The reviewed medical records will include doctor visit notes, imaging reports, surgical reports, and any hospitalization records. Also considered will be whether or not a doctor recommends that you use an assistive device, which includes a walker, wheelchair, or scooter.

Residual functional capacity determination

Social Security will determine your residual functional capacity based on the medical records in your file. Your residual functional capacity is your ability to do certain work-related activities such as stand, walk, sit, lift, carry, kneel, stoop, crouch, or crawl. 

Working capacity

According to Social Security’s standards, it is critical for those with Charcot’s foot to be able to stand for at least two out of the eight hours they are working in a day. Therefore, it is helpful if your treating doctors such as podiatrists provide strong statements and recommendations regarding these types of activities. For example, if your doctor states that you should avoid weight bearing on your affected foot, then this statement should be clearly written in medical records, or included in a medical source statement.

Previous Employment

Social Security will review your residual functional capacity and determine whether you can perform your past work with the limitations they assess. If you are not able to do your past work, Social Security will determine if there is other work you can do. If there is no work you can perform, you will be found disabled.

LaBovick Law Group is here to help

Applying for Social Security disability benefits is overwhelming. If you are suffering from Charcot’s foot and struggling with work activity, call LaBovick Law Group at (561) 625-8400. Our team is ready to assist you with obtaining the benefits you need.

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Fill out the form or call us at 561-888-8888

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We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.