Legal Question in Social Security Law in Oregon

disability due to knee replacement

My husband is going to have a full knee replacement surgery soon. His doctor told him that he will not be able to do any of the work he has been trained to do previously. He is 54 years old and has enough credits for benefits. Will Social Security give him benefits and if so how long would it take after the surgery to receive benefits? We were told, by others that have gone through the process that he may have to submit a request for Social Security at least three times before being accepted. We have an AFLAC insurance policy but the income from that will only last three months and then he will not be eligible for unemployment because of the surgery. The doctor told him that the required time before being released from his care is three to six months. I might add that we live in Oregon and do not have state disability. My husband is currently working in a excavation company and his past work has included general laborer and cattle and dairy ranch work.


Asked on 5/23/08, 12:31 pm

1 Answer from Attorneys
Todd Hammond Todd S. Hammond, P.C.

Re: disability due to knee replacement

Social Security disability is a complicated process but basically your husband will have to prove through medical documention that he is severely disabled for 12 months and longer and he is unable to obtain/maintain substantial gainful employment. The process in Oregon from application date, through 1st denial, then the reconsideration process and then request for hearing before an administrative law judge is approximately 3 full years.

I would be honored to assist your family from application for benefits through the appeal of any denials. Please feel free to contact me through email at [email protected] or at my office in salem Oregon.

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Answered on 5/23/08, 3:55 pm


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