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Osteomyelitis and Long Term Disability Claims: How to Prove Your Case

Osteomyelitis is a serious bone infection. For some people, it resolves with antibiotics and treatment. For others, it causes ongoing pain, weakness, mobility problems, repeated surgeries, fatigue, wound issues, or permanent damage to the affected bone or joint.

If osteomyelitis is affecting your ability to work, the insurance company will not approve a long term disability claim simply because you have the diagnosis. The insurer will want to understand what happened, what treatment you received, what limitations remain, and why those limitations prevent you from doing your job.

That is where many osteomyelitis claims become difficult. Medical records may show the infection, surgery, or antibiotics, but they may not clearly explain why you cannot sit through a full workday, walk safely, travel to meetings, use your hand, tolerate pain medication, or maintain reliable attendance.

Below are practical points to understand before filing a long term disability claim for osteomyelitis.

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What Is Osteomyelitis?

Osteomyelitis is an infection in the bone. It can happen when bacteria enter the bone through the bloodstream, after surgery, through an open wound, or after trauma. It may also develop when an infection in nearby tissue spreads into the bone.

Osteomyelitis can affect different areas of the body, including the spine, hip, leg, foot, arm, hand, or jaw. The location matters because the work impact will be different for each person.

For example, osteomyelitis in the spine may make prolonged sitting, standing, commuting, or travel difficult. Osteomyelitis in the foot or leg may interfere with walking, stairs, balance, or standing. Osteomyelitis in the hand or arm may affect typing, writing, lifting, carrying, or fine motor work.

The insurance company will want more than the diagnosis. It will want to know how the condition affects your actual ability to function.

Can Osteomyelitis Qualify for Long Term Disability Benefits?

Yes. Osteomyelitis can qualify for long term disability benefits if it prevents you from performing your occupation under the terms of your policy.

The key question is usually not, “Do you have osteomyelitis?” The better question is, “What can you no longer do because of it?”

Depending on your job, that may include difficulty with:

Sitting through long meetings;
Standing or walking for extended periods;
Commuting;
Business travel;
Typing or using a mouse;
Lifting or carrying materials;
Climbing stairs;
Maintaining regular attendance;
Working while in pain;
Working while on sedating medication;
Recovering from surgery;
Managing wound care or IV antibiotics; or
Sustaining a full workday without needing to lie down or rest.

For a professional or executive, even a “sedentary” job can be hard to maintain if the condition causes severe pain, fatigue, infection flares, medication side effects, or difficulty sitting for long periods.

Treatment Can Be Demanding

Treatment for osteomyelitis depends on the severity and location of the infection.

Acute osteomyelitis may be treated with a strong course of antibiotics. In some cases, antibiotics are given through an IV line for several weeks. That can create practical problems by itself, especially if the claimant needs frequent appointments, home infusion care, monitoring, or rest due to side effects.

Chronic osteomyelitis can be more complicated. Surgery may be needed to remove infected or dead bone. Some people require multiple procedures, removal of infected hardware, reconstruction, bone grafting, wound care, or long-term antibiotics.

Treatment may include:

IV antibiotics;
Oral antibiotics;
Surgical debridement;
Removal of infected tissue or hardware;
Bone, skin, or muscle grafting;
Reconstructive surgery;
Implanted antibiotic material;
Pain management;
Wound care;
Physical therapy;
Occupational therapy;
Assistive devices; and
Ongoing monitoring for recurrence.

When preparing a disability claim, it helps to explain not only the diagnosis, but the burden of treatment. For example, if IV antibiotics caused severe fatigue, nausea, dizziness, or concentration problems, that should be documented. If surgery left you with reduced mobility, weakness, or pain, that needs to be clearly explained.

Common Work-Limiting Problems After Osteomyelitis

Osteomyelitis can affect work in several ways. The specific limitations depend on the affected bone, the treatment history, and whether the infection caused lasting damage.

Common work-limiting problems may include:

Chronic pain;
Reduced mobility;
Weakness;
Swelling;
Limited range of motion;
Difficulty walking;
Difficulty sitting or standing for long periods;
Need to elevate a limb;
Wound drainage or wound care needs;
Risk of reinfection;
Fatigue;
Medication side effects;
Difficulty using an affected hand, arm, foot, or leg;
Need for a cane, walker, boot, brace, or other device;
Missed work due to treatment, surgery, or infection recurrence.

Practical example: A claimant with osteomyelitis in the foot may technically have a desk job, but may still be unable to commute, walk through an office, climb stairs, attend off-site meetings, or sit all day without elevating the foot.

Another example: A claimant with spinal osteomyelitis may be unable to sit comfortably for more than short periods, may need frequent position changes, and may be unable to tolerate travel or long meetings.

Another example: A claimant with osteomyelitis in the hand may struggle with typing, writing, using a mouse, handling documents, or performing fine motor tasks throughout the day.

These details matter. The insurer may otherwise treat the claim as if the infection was treated and the person should be able to return to work.

Medical Evidence That Can Help Prove the Claim

The insurance company will usually look for objective evidence showing the infection, treatment, complications, and ongoing limitations.

Helpful evidence may include:

MRI, CT scan, X-ray, or bone scan results;
Bloodwork showing infection or inflammation markers;
Culture results identifying the infection;
Hospital records;
Surgical records;
Infectious disease records;
Orthopedic records;
Wound care records;
Pain management records;
Medication history;
Physical therapy records;
Occupational therapy records;
Records documenting recurrence, complications, or bone damage.

It is also helpful when the medical records show the course of the condition over time. A single record may not tell the full story. The claim should show the progression from diagnosis, to treatment, to recovery attempts, to ongoing limitations.

Functional Testing May Be Helpful

Medical records can prove that osteomyelitis occurred. But they may not fully prove what the person can or cannot do at work.

Functional testing may help fill that gap.

A Functional Capacity Evaluation, often called an FCE, may measure sitting tolerance, standing tolerance, walking, lifting, carrying, balance, endurance, range of motion, and ability to sustain activity. This can be useful if the insurer argues that you can perform sedentary work while ignoring pain, fatigue, position changes, or mobility problems.

Physical therapy records may also be helpful because they often document gait problems, weakness, range of motion loss, poor endurance, balance problems, or pain with activity.

Occupational therapy records can be helpful if osteomyelitis affects the hand, arm, shoulder, or daily functioning. These records may show problems with gripping, typing, writing, reaching, dressing, or other functional tasks.

A vocational assessment may also help. A vocational expert can explain what your occupation actually requires and why your restrictions prevent you from doing that work. This can be especially useful when your employer’s job description is too generic.

For example, an executive role may be labeled sedentary, but still require travel, long meetings, in-person presentations, client contact, long hours, and quick decision-making. A vocational report can help explain why those duties are not realistic given your medical limitations.

Your Doctor’s Opinion Should Be Specific

A doctor’s support can be very important. But a short note saying “patient is disabled” will usually not be enough.

A stronger doctor report should explain:

Where the osteomyelitis occurred;
How it was diagnosed;
What treatment was required;
Whether the infection is resolved, chronic, or recurrent;
Whether there is bone damage, joint damage, weakness, or mobility loss;
What symptoms remain;
What medications are being used;
Whether medication side effects affect work;
How long you can sit, stand, walk, type, lift, or travel;
Whether you need to elevate a limb, use an assistive device, or change positions;
How often symptoms flare;
Whether you can sustain a full-time schedule; and
What the doctor expects going forward.

The more specific the report, the harder it is for the insurance company to reduce the claim to a simple statement that the infection was “treated.”

Explain the Job Impact in Plain English

Do not assume the insurance company  You should explain what your work actually requires and how osteomyelitis interferes with those duties.

For example:

“I cannot sit through a two-hour meeting without needing to stand, walk, or lie down because of spinal pain.”

“I cannot commute safely because walking from the train to the office increases pain and swelling.”

“I cannot travel for client meetings because prolonged sitting on flights causes severe pain and I need frequent medical care.”

“I cannot type for long periods because infection and surgery affected my hand strength and dexterity.”

“I miss too much time because of wound care, IV antibiotics, infectious disease follow-ups, and recurring symptoms.”

These practical examples can help the insurer understand why the condition affects real work, not just medical test results.

A Long Term Disability Attorney Can Help

Osteomyelitis claims can be challenging because the insurance company may focus on whether the infection was treated while overlooking the lasting effects. The real issue may be chronic pain, weakness, fatigue, loss of function, medication side effects, recurrence risk, wound care, or the inability to sustain a regular work schedule.

A long term disability attorney can help identify what evidence is missing, obtain supportive medical opinions, recommend functional or vocational evidence when appropriate, and explain how your limitations affect your occupation.

At Riemer Hess, we help professionals and executives nationwide file, appeal, litigate, and protect long term disability claims. Our national disability insurance practice is headquartered in New York City, and our attorneys focus exclusively on long term disability and related insurance matters.

If osteomyelitis or related complications are affecting your ability to work, we can help you understand your options and prepare a stronger claim for benefits.

 

Jennifer Hess

Jennifer Hess is a Partner at ֱ, a New York City-based law firm dedicated exclusively to long term disability insurance ֱ disability claims. She represents professionals, executives, physicians, attorneys, and other individuals in disability insurance claims, appeals, and litigation. Jennifer regularly writes and speaks on disability insurance law and has authored multiple publications on disability claims ֱ litigation.

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Topics from this blog: Diagnoses Diagnosis - Chronic Pain Diagnosis - Osteomyelitis