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How Long Am I Entitled to SMC (S-1)

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John2000

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I'm currently at 60% rating for both knees. I filed for 100% in 2015 because I knew that both knees would have to be replaced soon. It was denied, so I'm currently appealing. I just recently had my first total knee replacement and filed a new claim for 100% and was awarded SMC(S-1) at 100%. How long am I entitled to this? What happens to the current 60% regular disability rating? What about the appeal that I filed, how is that going to affect this recent activity? I really appreciate your feedback in advance. Thanks!

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  • HadIt.com Elder

It sounds like you got an increase on your knee replacement and awared the 100%.

did they give you IU P&T?...ANYWAY THE 100% Made you quailfy for the SMC S because you were already rated at 60% probably for a separate S.C. disability rating.

With that they did they inferred the SMC S.

As I understand it  if it DID NOT t say Temp rating  you will have this rating permanently.

But I am not 100% sure,  other elders members can chime in.

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It sounds like a convalescent (temporary, while recuperating from surgery) rating.  (100 percent temp, plus the sixty you have is enough to get temp smc s.

What does your decision say, as far as how long it lasts?  

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  • HadIt.com Elder

I had that same thing for surgery on my foot 10 years ago. Housebound, and it was a temporary rating. You may be perm, but it is hard to know. All the research I have done on the SMCs show that they are a rather convoluted set of laws, and 100% may not be 100% if you know what I am hinting at. I am not housebound now, and don't want to be if I can help it.

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With my expertise ( 21 years) , Knee replacement is not a permanent conditions, since it will improve once the rehabilitation is over.

Hospital stay is averaged at 3 days then, home with walker, should be healed 4-6 weeks if completing therapy on schedule to get as much Range of Motion as possible.

Usually by  6 -8 week mark, no cane or walker needed.

 This of course all depends on an individuals particular case - other factors may prolong recovery. 

F Y I 

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