If you received a hip implant, and later suffered adverse health complications, you could be eligible for more than one type of compensation. If your hip implant prevents you from walking well enough to work, you may be entitled to Social Security disability benefits. You also may be qualified to join a mass tort lawsuit against the manufacturer of your implant.
A hip implant lawsuit lawyer from the Law Offices of Ogle, Elrod & Baril, PLLC can help you fight for benefits in both places. Our Social Security disability attorneys have helped many clients apply for and receive disability — even those who had been denied in the past. Our mass torts team can help you pursue the manufacturer of your faulty implant for damages.
Call today for a free case evaluation: 866-628-8179.
We Will Help You File a Claim for Social Security Disability Benefits
A hip implant is classified as a hip replacement, which qualifies for Social Security disability benefits. The Social Security Blue Book of approved medical conditions has a listing for “Reconstructive Surgery or Surgical Arthrodesis of a Major Weight-Bearing Joint.”
To qualify for Social Security disability, you must meet at least one of the following criteria:
- You require the assistance of a walker, two crutches, or two canes to get around.
- You cannot walk fast enough or reliably cover enough distance to take on most daily activities, such as banking and grocery shopping, without help.
- You cannot walk a full block at a reasonable pace and cannot handle walking on rough or uneven surfaces.
- You cannot climb a flight of stairs with a single handrail at a reasonable pace.
- You cannot reliably get yourself to work or school on a regular basis without help.
In addition to meeting the criteria above, we must demonstrate to the Social Security Administration that your condition has lasted for at least 12 months or that your doctors expect it to last at least 12 months going forward.
If you do not meet the Blue Book criteria for a hip implant, we can still make a strong case to Social Security that you deserve disability benefits. To do this, we can apply based on your residual functional capacity, or RFC.
The Residual Functional Capacity (RFC) Test
If a Social Security disability applicant does not meet the criteria for a Blue Book listing, the Social Security Administration determines whether you qualify for benefits by looking at your residual functional capacity. To assess this value, they rely on something called an RFC test.
Residual functional capacity refers to the ability you have left over to work and carry out daily living activities after your condition has taken its toll. The RFC test, which your doctor completes and sends to a disability examiner for review, measures your ability to complete various work-related tasks.
The disability examiner compares the results of this test to the requirements of jobs you are qualified to do. Our job is to convince the disability examiner that based on the effects of your hip implant, you cannot perform any job for which you are qualified.
Call today for a free case evaluation with a member of our legal team: 866-628-8179.
Recovering Damages in a Mass Tort Lawsuit
Thousands of plaintiffs have filed lawsuits against metal-on-metal hip implant manufacturers, claiming the devices were defective and caused adverse effects once inside the body. The most common complaints involved include the following conditions:
- Metal poisoning
- The need for revision surgery
Many of these cases have settled, with the manufacturers agreeing to pay millions of dollars to the plaintiffs. Some hip implant manufacturers who have settled mass tort lawsuits include:
Although many settlements have already occurred, many more lawsuits are still pending. It may not be too late to recover damages for your hip implant injury. Time is a factor, however, and the sooner you contact a lawyer and take action, the better your chance of a positive outcome.
A hip implant lawsuit lawyer from the Law Offices of Ogle, Elrod & Baril, PLLC can let you know if you qualify to join any of the currently pending mass tort lawsuits. Call 866-628-8179 for a free case evaluation.
Who Is Eligible to File a Hip Implant Lawsuit
If you experienced any type of complications from your hip implant, you may have grounds to join a mass tort lawsuit against the manufacturer. A member of the team at the Law Offices of Ogle, Elrod & Baril, PLLC can let you know your options and what to expect.
For a free consultation, call 866-628-8179.
Take Action Quickly or Risk Recovering Nothing
If you suffered adverse effects from a hip implant, you may be eligible to recover damages from the manufacturer in a mass tort lawsuit. But you do not have unlimited time to take action. Depending on your state, the statute of limitations could be as short as one year. There may also be other deadlines that you should be aware of and that could impact your case.
A lawyer from the Law Offices of Ogle, Elrod & Baril, PLLC can take action on your behalf, ensuring you do not lose the ability to recover the damages you deserve. For a free case evaluation, call us at 866-628-8179.
Do Not Hesitate Any Longer — Call 866-628-8179 for a Free Case Evaluation With a Hip Implant Lawsuit Lawyer
We want to help you recover the damages you deserve for your hip implant injury. We work on a no-win-no-fee basis, which means we get paid only when we recover money for you. Call us today at 866-628-8179 for a free consultation.