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Most
allegations of disability involving musculoskeletal disorders
are associated with arthritis. Examples of types of arthritis
and diseases that can cause arthritis include the following:
AIDS
ankylosing spondylitis autoimmune diseases, such as
systemic lupus erythematosus cancer infectionsbacterial,
fungal, or viral inflammatory bowel diseases, such as
ulcerative colitis and regional enteritis (Crohns disease)
metabolic diseases, such as gout and pseudogout osteoarthritis
psoriasis Reiters syndrome, and rheumatoid arthritis.
To the extent that inflammation of soft tissues in joints
or the spine is involved, evaluation would be done under
the Immune System Listings 14.09 and 114.09. Some musculoskeletal
disorders, such as rheumatoid arthritis of joints and ankylosing
spondylitis of the spine, can produce both soft tissue inflammation
and bony damage. It may be necessary to evaluate such disorders
under more than one of the SSAs listings.
2. T raumatic Damage Most traumatic damage the SSA
sees comes from automobile, motorcycle, and industrial accidents.
Major trauma may fracture multiple bones, including the
spine, rupture organs, amputate limbs, tear away skin and
muscle, damage joints, crush or sever the spinal cord with
resulting paralysis, or fracture the skull with permanent
brain injury
3. Back Pain Most back pain is caused by age-related
degenerative processes like degenerative disc disease and
arthritis. Other, less common, causes of back pain include
inflammatory diseases (ankylosing spondylitis) and cancer
(such as breast or prostate cancer) that has spread to the
spine. Medical judgment must be used in evaluating each
case in regard to severity and chances for improvement.
4. A mputations Amputations can result from trauma
itself, or be required as surgery to remove a limb that
has been too badly damaged to repair after trauma. Most
amputations the SSA sees, however, result from surgery to
remove a diseased leg to which adequate blood flow cannot
be restoredusually as a consequence of diabetes. Atherosclerosis
can also lead to a diseased leg requiring amputation. In
these instances, however, modern surgical techniques can
often restore blood flow sufficiently to avoid amputation.
5. Other Diseases Several genetic diseases, such
as muscular dystrophy, affect muscle strength. Inflammatory
muscle diseases, such as polymyositis, can cause muscle
weakness but are discussed in Chapter 29. Neurological disorders
such as strokes, cerebral palsy, and polio can also cause
muscle weakness and are discussed in Chapter 26. Muscle
strength also may be decreased by chronic use of drugs such
as steroids and alcohol an added factor in severity that
must be considered in all cases.
6. Loss of Function Loss of function is vitally
important in determining the extent of disability caused
by musculoskeletal disorders. Although a physical examination
and x-rays must reveal objective abnormalities, your inability
to function, particularly due to pain, fatigue, or other
symptoms, is equally as important. Of course, saying that
youre feeling pain or other symptoms if you dont also
have physical abnormalities that would reasonably explain
such symptoms may be given little credibility in a disability
determination. The SSA needs evidence from your treating
doctor to support your disability claim. Unfortunately,
a treating doctors records often do not contain sufficient
details about alleged musculoskeletal disorders for the
SSA to make an accurate disability determination.
Loss of function may be due to bone or joint deformity
or destruction from any cause; miscellaneous disorders of
the spine with or without neurological deficits; amputation;
or fractures or soft tissue injuries including burns that
require prolonged periods of immobility or convalescence.
a. Pain or Other Symptoms
Pain or other symptoms may be an important factor contributing
to functional loss. The musculoskeletal listings that include
pain or other symptoms among their criteria also include
criteria for limitations caused by pain.
b. How the SSA Defines
Loss of Function Regardless of the cause of a musculoskeletal
impairment, functional loss refers to an (1) inability to
walk effectively on a sustained basis, or (2) inability
to perform fine and gross movements effectively on a sustained
basis. The SSA will consider whether your daily activities
are consistent with your doctors exam findings, or with
a consultative examination. In children, function should
always be looked at in terms of what is appropriate for
the childs age. In older teenagers, age-appropriate function
can be similar to that of an adult.
7. Diagnosis and Evaluation Diagnosis and
evaluation of your musculoskeletal impairments should be
appropriately supported by detailed descriptions of your
joints, including ranges of motion. Additionally, the report
on the condition of your muscles should discuss the presence
of any weakness or atrophy. Any abnormal sensation or reflexes,
decreased circulation, and laboratory findings should be
described. Findings on your x.rays or other appropriate
imaging may be used in making a disability determination.
Medically acceptable imaging includes: . plain x.ray imaging
. computerized axial tomography (CAT scan) . magnetic resonance
imaging (MRI) . myelography, and . radionuclear bone scans.
The SSA tries to avoid buying expensive tests for you such
as MRIs, and will never purchase invasive tests such as
myelography. However, such tests can be extremely useful
when provided by your treating doctor. Also, if youfve
had any surgical procedures done, be sure your documentation
includes a copy of the operative notes and any available
pathology reports.
8. Orthotic, Prosthetic, or Assistive Devices
If you use an orthosis, the SSA will want your medical exam
data to include an evaluation of your maximum ability to
function with the orthosis in place. Normally, the SSA will
not require that you be evaluated for ability to function
without your orthosis. However, if you state that you cannot
use an orthosis, the SSA will want the reason documented
and your ability to function without it evaluated by a doctor
who actually examines you. An exception would be made if
the doctor submits a reasonable medical explanation of why
you cannot be evaluated without your orthosis.
If you use a prosthesis, the SSA will want you to have
a medical exam with the prosthetic device in place. Of course,
if you have an amputation, the SSA will not require an evaluation
of your ability to walk without a leg prosthesis. However,
the SSA will require that the condition of the stump be
described. This is important, because some claimants have
ulcers, infection, or other problems that can cause short-
or long-term problems in wearing the prosthesis. If you
use a hand.held assistive device such as a cane, crutch,
or walker, you will be examined both with and without the
device unless this goes against the medical judgment of
a doctor who has treated or examined you. Your ability to
walk with and without the device provides information about
how well you can ambulate without assistance. The SSA tries
to document the medical basis, such as instability of a
joint or muscle weakness, to explain why you use an assistive
device. The requirements are similar for evaluating children
with orthotic, prosthetic, or other devices, except that
the evaluation must be done based on age-appropriate expectations
for the particular child.
C. Specific Listings and
Residual Functional Capacity The listings that follow
are in the federal regulations. I have interpreted and commented
on them for greater ease of understanding while explaining
their requirements. It is impossible to discuss here all
of the medical possibilities related to every kind of disorder,
and you may need help from your treating doctor to more
fully understand how your particular impairment relates
to these listings. The discussion of residual functional
capacity does not apply to children.
1. L isting 1.02: Major Dysfunction of a Joint (Adults)
This listing relates to severe functional loss caused by
any type of joint dysfunction, regardless of the specific
medical diagnosis. For example, the problem could have been
caused by trauma or by any of the many types of arthritis.
Trauma resulting from industrial, automobile, and motorcycle
accidents accounts for most of the traumatic cases the SSA
sees. Severe traumatic bone fracture into a joint space
is often followed by post-traumatic degenerative arthritis
after the fracture is healed. Inflammatory processes, such
as rheumatoid and psoriatic arthritis, can eventually lead
to bone destruction and joint deformity if not adequately
controlled with treatment. So, by the time gross deformity
of a joint is present, there usually has been a joint disorder
present for quite some time. a. L isting Level Severity
First, the listing requires you to have an obvious (gross)
deformity. Possible examples of such deformity are subluxation,
contracture, ankylosis, and instability. You must also have
a history of chronic joint pain and stiffness, as well as
loss of motion or some other kind of abnormal movement.
In addition, some type of imaging technique, such as x-rays,
must verify the presence of arthritic changes such as joint
space narrowing. A particular percentage of joint space
narrowing or other abnormality is not required. Once its
been established that your condition meets the requirements
above, your condition must be shown to satisfy A or B, below.
A Involvement of one hip, knee, or ankle joint that
results in extreme limitation in your ability to walk. You
must be unable to sustain a reasonable walking pace over
a sufficient distance to carry out your activities of daily
living. You should be unable to travel without a companions
assistance to and from your job or school. More specifically,
some examples of ineffective ambulation given by the SSA
include your inability to: walk without the use of a walker
walk without the use of two crutches or two canes walk
a block at a reasonable pace on rough or uneven surfaces
use standard public transportation carry out ordinary
activities involving walking, such as shopping and banking,
and climb a few steps at a reasonable pace with the use
of a single handrail. The listing does not require complete
inability to walk in all circumstances. For example, if
you can walk about your home without the help of a person
or an assistive device, that does not, by itself, mean you
cannot qualify under the listing. The requirement is that
you have serious difficulty in starting, sustaining, or
completing activities. Also, using only one crutch or cane
would not necessarily restrict you from qualifying under
the listing, provided that your functional limitations are
severe enough. In addition, the SSA recognizes that people
who cannot walk effectively might be able to stand without
assistive devices. Therefore, your ability to stand without
assistance would not disqualify you under the listing. B
Involvement of one major joint in each upper extremity that
results in extreme limitation in your ability to perform
fine and gross movements. Major joints are the shoulder,
elbow, or hand/wrist.
b. R esidual Functional Capacity In analyzing residual
functional capacity, the SSA divides your body in two, analyzing
your upper extremities separately from your lower extremities.
i. Upper Extremity Dysfunction The SSA needs information
regarding how well you can use your upper extremitiesspecifically,
whether youre able to push, pull, lift, carry, and grasp
objects and do small movements with your fingers (fine manipulations).
Note that the use of an assistive device such as a cane
ties up the use of an arm and hand. So, if you require a
cane to walk, the SSA cannot refer you to jobs requiring
that you lift and carry with both arms while walking.
ii. Lower Extremity Dysfunction In evaluating your RFC,
the SSA must determine how long you can stand and walk on
arthritic joints. Let the SSA know if the arthritis is severe
enough that you cant stand or walk most of a workdayand
have your treating doctor provide supporting statements.
For the SSA to claim that you can perform light, medium,
or heavy work, you must be able to walk or stand six to
eight hours a day. Significant arthritis in a major joint
of a lower extremity would prevent such standing or walking.
Even if your hands and arms are unaffected by the arthritis,
youll be restricted to sedentary work. If you are older
and have a limited education, these restrictions may mean
that youll be awarded benefits on the basis of the RFC.
If you had an arthritic hip, knee, or ankle joint replaced
with an artificial one, see the RFC comments under Listing
1.03.
2. L isting 101.02: Major Dysfunction of a Joint
(Children) First, the listing requires that the child have
an obvious (gross) deformity. Possible examples of such
deformity are subluxation, contracture, ankylosis, and instability.
The child must also have a history of chronic joint pain
and stiffness, as well as loss of motion or some other kind
of abnormal movement. In addition, some type of imaging
technique, such as xrays, must verify the presence of arthritic
changes like joint space narrowing. The child doesnt need
to have any specific percentage of joint space narrowing
or other abnormality. Second, once its been established
that the childs condition meets the requirements above,
the condition must also be shown to satisfy A or B, below.
A Involvement of one hip, knee, or ankle joint that
results in extreme limitation in the childs ability to
walk. The child must be unable to sustain a reasonable walking
pace over a sufficient distance to be able to carry out
age-appropriate activities of daily living. For children
who are too young to be expected to walk independently,
the SSA considers their function in terms of how well they
can perform age-appropriate activities with their lower
extremities. For such children, an extreme level of limitation
means skills or performance at no greater than one.half
of age.appropriate expectations based on an overall developmental
assessment rather than on one or two isolated skills. Older
children would not have the ability to travel without a
companions assistance to and from a job or school. More
specific examples of ineffective ambulation given by the
SSA include the older childfs inability to: . walk without
the use of a walker . walk without the use of two crutches
or two canes . walk a block at a reasonable, age-appropriate
pace on rough or uneven surfaces . use standard public transportation
. carry out ordinary age-appropriate activities involving
walking, such as shopping and school activities, or . climb
a few steps at a reasonable pace with the use of a single
handrail. The listing does not require that the child be
completely unable to walk in all circumstances. For example,
the childs ability to walk about its home (or short distances
at school) without the help of a person or an assistive
device does not, in and of itself, mean the child cannot
qualify under the listing. The requirement is that the child
have serious difficulty in starting, sustaining, or completing
activities. Nor would the use of only one crutch or cane
necessarily restrict the child from qualifying under the
listing, provided that his functional limitations are severe
enough. Also, the SSA recognizes that people who cannot
walk effectively might nevertheless be able to stand without
assistive devices. Therefore, the childs ability to stand
without assistance would not disqualify him or her under
the listing.
B Involvement of one major joint in each upper extremity
that results in extreme limitation in the childfs age-appropriate
ability to perform fine and gross moFor an older child to
use his upper extremities effectively in carrying out age-appropriate
activities of daily living, the child must be able to perform
age-appropriate functions like reaching, pushing, pulling,
grasping, and fingering. Therefore, in older children, examples
of inability to effectively perform fine and gross movements
include inability to prepare simple meals and feed themselves,
inability to take care of personal hygiene, and inability
to sort and handle papers or files (depending on which activities
are age appropriate). To qualify under part B, it is not
necessary that the child be totally unable to use his upper
extremities. The requirement is that they have serious difficulty
in starting, sustaining, or completing age-appropriate activities.vements.
Major joints are the shoulder, elbow, or hand/wrist. For
very young children, the SSA will look at how limited they
are in their ability to perform age.appropriate activities
involving the upper extremities. Determinations of extreme
limitation in such children are made by comparison with
the limitations for persistent motor dysfunction for infants
and young children described in Listing 110.07A.
3. L isting 1.03: Reconstructive Surgery on a Hip, Knee,
or Ankle (Including Surgical Arthrodesis of a Joint) (Adults)
Reconstructive surgery usually involves placing an artificial
joint into a person. An alternative procedure is surgical
arthrodesisfusing an arthritic joint with healthy, living
bone to relieve pain and make it more stable. In most cases,
reconstructive surgery is successful. Patients are able
to put at least partial weight on the joint and walk within
a few days, and to put full weight on the joint soon after
that. Certainly, walking usually occurs within a year of
surgery. Only in cases of surgical failuresuch as a loose
artificial joint or infection of the boneis the patient
likely to remain unable to walk. Even then, a second operation
usually corrects the problem. Your surgeon may try to help
you by reporting to the SSA that recovery will require
a year in the absence of any documented complications.
However, the SSA is likely to disregard this kind of statement
if the surgeon cannot provide evidence to back it up.
a. L isting Level Severity To qualify, youll need
to show that reconstructive surgery failed on your hip,
knee, or ankle and that youll be unable to walk effectively
on the joint for at least 12 months. See the discussion
under Listing 1.02A regarding how the SSA decides whether
walking is ineffective.
b. R esidual Functional Capacity If you had an arthritic
hip, knee, or ankle joint replaced with an artificial one,
you will still have some limitations. You should not be
expected to work in a setting where youfd be walking on
grossly uneven surfaces or climbing or using leg controls
more than occasionally. Similarly, you should probably be
restricted to no more than light lifting, up to 20 pounds.
If your artificial joint has problems or you have had artificial
joint replacements in multiple major weight.bearing joints,
your RFC rating should not be higher than sedentary work.
However, the SSA has no official policies in regard to how
much a person with a prosthetic joint can lift and carry.
Of course, if you are restricted to sedentary work because
of an inability to walk over two hours daily, you wouldnft
have to lift over ten pounds anyway. If you have a solid
arthrodesis in a joint, the SSA could give you an RFC for
as high as medium work. Remember that an arthrodesis, unlike
a prosthesis, will fix a joint so that it cannot bend. This
can limit you from certain kinds of work-related activities.
For example, a fused knee joint will prevent use of leg
controls with that leg. It will also rule out various activities
such as squatting, kneeling, and climbing anything more
than a slight incline.
4. L isting 101.03: Reconstructive Surgery on a Hip,
Knee, or Ankle (Including Surgical Arthrodesis of a Joint)
(Children)
a. L isting Level Severity Failure of reconstructive
surgery of the childs hip, knee, or ankle with an inability
to walk effectively on the joint expected to last at least
12 months. See the discussion under Listing 101.02 regarding
how the SSA decides whether walking is ineffective in a
child.
5. L isting 1.04: Disorders of the Spine (Adults)
This listing deals with various spinal disorders common
in adults, such as:
herniated nucleus pulposis (HNP) spinal arachnoiditis
spinal stenosis osteoarthritis degenerative disc disease
facet arthritis, and vertebral fracture. (Note that
inflammatory disorders involving the spine, known as spondyloarthropathies,
are evaluated under Listing 14.09. Examples of disorders
that can cause spondyloarthropathy are ankylosing spondylitis
and Reiters syndrome.) The SSA requires that your spinal
exam include testing your reflexes, sensation, and muscle
strength. Additionally, your exam should test your ability
to squat and arise, walk on your heels and toes, and bend
your back. The presence or absence of muscle spasms in your
back should be noted, as this is an objective finding that
lends credibility to lower back pain complaints. Weakness,
as well as reflexes and sensation, must rationally relate
to the nerve root that is compressed. (Specific nerves supply
specific muscles and carry sensation from specific areas
of skin.) If you have muscle atrophy, there must be measurements
of your muscles, documenting the degree to which they have
actually gotten smaller. Weakness should be graded on a
scale of zero to five. The examining doctor will be asked
to add any other relevant observations about you, such as
your ability to get on and off an examining table and whether
you need help putting on your socks and shoes, or slacks
or trousers. The SSA will also evaluate the restrictions
on your daily activities. If your treating doctors records
are incomplete or not current, the SSA will send you for
a consultative examination.
A person in really severe pain tries to obtain relief.
The SSA will look at how often you go to the doctor for
your pain, what your doctor says about the pain, and the
medical records showing your history of severe pain. If
you have transportation or money problems that limit your
ability to obtain the best treatment, make that clear to
the SSA. Be aware that the SSA may check such an assertion
with your treating doctor. The SSA will look at the types
of treatments your doctor has administered or recommended
to treat the pain, and at how you responded. The treatments
may help indicate the degree of your painat least as your
doctor has understood itand show how well you responded.
Possible pain treatments include pain relievers, muscle
relaxants, physical therapy, braces, epidural steroid injections,
transcutaneous electrical nerve stimulators (TENS), biofeedback,
psychotherapy, spinal cord electrical stimulators, treatment
in special pain clinics, and treatment with radio-frequency
fields to damaged pain fibers in the facet joints that connect
vertebrae. (See Chapter 5 for more information about pain
and other symptoms.) If you have prominent neurological
abnormalities, evaluation should also be done under the
appropriate neurological listing.
a. L isting Level Severity Once a disorder has been
documented, your condition must satisfy either A, B, or
C, below. A Evidence of pressure on your spinal nerve root
or spinal cord, as evidenced by: pain loss of motion
in the spine muscle weakness decreased deep tendon reflexes
and sensation, and an abnormal straight-leg-raising test,
if the lower back is involved. This part of the listing
is quite difficult to satisfy, as most cases of back pain
are not associated with significant neurological abnormalities.
B Spinal arachnoiditis, as evidenced by: confirmation
of the disorder by a pathology report of a biopsy, an operative
note confirming arachnoiditis, or an appropriate imaging
test (myelography, CT scan, or MRI) severe burning pain,
or other abnormal and painful sensation (dyesthesia), and
pain severe enough to require changing your position or
posture more than once every two hours. C Lumbar spinal
stenosis resulting in pseudoclaudication, as evidenced by:
an appropriate imaging test (myelography, CT scan, or
MRI), and chronic nonradicular pain and weakness that
results in your being unable to walk effectively. To read
about how the SSA defines being unable to walk effectively,
see the discussion under Listing 1.02A.
b. Residual Functional Capacity Most of the work-related
limitations for back impairments are for pain caused by
sitting or standing for prolonged periods, as well as lifting
and bending. The majority of disability claimants the SSA
sees for back pain have some osteoarthritis of the spine
or degeneration of the intervertebral discs, or have had
a single back surgery. They are usually assigned an RFC
for medium or light work with occasional bending. They may
be granted disability, especially if they are over age 55,
have a limited education, and cannot return to their prior
work. You should receive an RFC rating for no more than
medium work, even lower if you suffer any of the following
impairments: lumbar fusion (bending should be restricted
to occasional) cervical fusion (overhead work should be
restricted to occasional) scoliosis of the thoracic or lumbar
spine with at least 40 of scoliotic curve at least 50%
compression fracture of a vertebral body significant spondylolisthesis
associated with chronic pain significant osteoporosis
of the spine significant degenerative disc disease in
the cervical or lumbar spine with associated chronic pain
chronic pain after a lumbar or cervical laminectomy, or
significant degenerative arthritis of the spine with associated
chronic pain. Some claimants with multiple back surgeries
or other severe back problems have so much pain that they
cannot do even sedentary work, even though they dont have
severe neurological abnormalities.
6. L isting 101.04: Disorders of the Spine (Children)
Arthritis and degenerative disc disease do not occur as
often in children as adults. Its rare, for example, to
see a herniated nucleus pulposis or spinal stenosis in a
child. Nor is arachnoiditis seen as often in children as
in adults. Traumatic fractures may be seen in children as
well as adults. However, there are other spinal disorders
that the SSA mentions with regard to children, such as:
infection of the spine (vertebral osteomyelitis) metabolic
disorders that weaken the spine developmental disorders
resulting in incomplete or abnormal formation of the spine,
or disorders of spinal curvature (scoliosis, kyphosis,
kyphoscoliosis) that may appear alone or in association
with some other disorder.
a. L isting Level Severity Actually, a spinal disorder
of any cause can qualify under the listing, provided that
it produces the required abnormalities. The same kinds of
physical examination abnormalities are required as for adults
(see adult Listing 1.04A), taking into account the childs
age. If the child has prominent neurological abnormalities,
evaluation should also be done under the appropriate neurological
lis7. L isting 1.05: Amputation (Adults) Trauma, diabetes
mellitus, and atherosclerosis are the most common causes
of lower-extremity amputations in adults. Most upper-extremity
amputations are related to trauma, such as industrial accidents.
However, the cause of the amputation is irrelevantit is
the functional result that matters to SSA. This fact is
reflected in the requirements of the listing.ting.
a. L isting Level Severity Once the fact of your
amputation has been documented, you must show that your
condition satisfies A, B, C or D below. A Amputation of
both hands. B Amputation of one or both lower extremities
at or above the ankle and an inability to walk effectively,
as described in Listing 1.02A. C Amputation of one hand
and one lower extremity at or above the ankle, along with
an inability to walk effectively, as described in Listing
1.02A.
b. R esidual Functional Capacity Few disability
applicants have problems severe enough to qualify for this
listing level. But many have some degree of damage to the
legs that requires an RFC. These are evaluated case by case,
but some of the frequently used RFCs are as follows: sedentary
work for an above-the-knee amputation when you can walk
effectively on an artificial leg, or medium work for a
below-the-knee amputation when you can walk effectively
on an artificial leg.
8. L isting 101.05: Amputation (Children) In children,
the cause of most upper- and lowerextremity amputations
is trauma. In some cases, amputation of a limb may be necessary
to treat a cancerous tumor, such as an osteosarcoma. Amputations
are also done, though rarely, to treat an irreversibly deformed
limb. However, the cause of the amputation is irrelevantit
is the functional result that matters to the SSA. This fact
is reflected in the requirements of the listing.
9. L isting 1.06: Fracture of the Femur, Tibia, Tarsal
Bone, or Pelvis (Adults) The SSA frequently sees applicants
with recently broken bones, but many are denied benefits
because the breaks are expected to heal well within 12 months.
This is true even for people with multiple fractures from
automobile or motorcycle accidents. Only in rare cases where
an applicant has a history of fractures not healing would
the SSA predict that the current fractures would not heal
within 12 months. In general, for you to be granted disability
on this basis, your fracture would have to remain unhealed
for least six months and be likely to remain unhealed for
a total of at least 12 months. Lack of healing for six months
is not an SSA policybut as a matter of medical fact, no
doctor can reliably assert that the required 12-month duration
will be satisfied without first seeing at least six months
of failed healing. If your doctor states to the SSA that
your fracture will not heal within 12 months, your doctor
must provide supporting evidence. A simple letter stating
that recovery from your fracture will require at least 12
months, without convincing medical reasons, will be almost
useless.
a. L isting Level Severity In addition to documentation
of the fracture, your condition must qualify under both
A and B, below. A Solid union of your fracture is not evident
on appropriate medically acceptable imaging and the fracture
is not clinically solid. To satisfy the listing, an x.ray
or other imaging test such as an MRI must confirm the failure
of your fracture to heal. The x.ray must show that the space
of the fracture line is still visible with little or no
healing bony callus having formed across it. If the fracture
is in a bone that can be evaluated on physical examination,
then a doctor must feel or see movement evidence that the
bone portions havenft reunited. Some healing of the fracture
wonft disqualify you as long as a solid union has not occurred.
B An inability to ambulate effectively, with no expectation
that youfll regain your ability to walk effectively within
12 months of onset. The ability to walk effectively is described
in Listing 1.02A.
b. R esidual Functional Capacity The extent of your
RFC depends on the severity and location of your fractures.
That means that the analysis must be highly individualized.
The fractures that are most likely to heal poorly are those
involving multiple bone fragments, fractures into joint
spaces, and fractures complicated by infection. Fractures
that occur into joint spaces of the lower extremities may
result in post-traumatic arthritis that remains as a permanent
impairment after the fracture has healed. Such arthritis
in a knee, hip, or ankle can greatly reduce your ability
to stand or walk for long periods, or to use leg controls.
If you cant stand or walk for at least six to eight hours
daily, your RFC is reduced to sedentary work and your chances
of receiving a medical-vocational allowance are greatly
increased.
10. L isting 101.06: Fracture of the Femur, Tibia, Tarsal
Bone, or Pelvis (Children)
a. L isting Level Severity In addition to documentation
of the fracture, the childs condition must qualify under
both A and B, below. A Solid union of the childfs fracture
is not evident on appropriate medically acceptable imaging
and the fracture is not clinically solid. To satisfy the
listing, an x.ray or other imaging test such as an MRI must
confirm the failure of the fracture to heal. The x.ray must
show that the space of the fracture line is still visible
with little or no healing bony callus having formed across
it. If the fracture is in a bone that can be evaluated on
physical examination, then a doctor must feel or see movement
evidence that the bone portions have failed to reunite.
Some healing of the fracture wonft disqualify the child
as long as it hasnft healed into a solid union. B An inability
to ambulate effectively, with no expectation that the child
will regain the ability to walk effectively within 12 months
of onset. The ability to walk effectively is described in
Listing 101.02A.
11. L isting 1.07: Fractures of an Upper Extremity (Adults)
The SSA frequently sees applicants with broken bones, but
many are denied because the breaks are expected to heal
well within 12 months. This is true even for people with
multiple fractures from automobile or motorcycle accidents.
Only in rare cases where an applicant has a history of fractures
not healing would the SSA predict that the current fractures
would not heal within 12 months.
12. L isting 101.07: Fractures of an Upper Extremity
(Children)
13. L isting 1.08: Soft Tissue Injuries of an Upper
or Lower Extremity, Trunk, or Face (Adults)
Allowances are made under this listing not merely because
of the injury itself, but because of the limiting effects
of treatment and possible complications. Severe burns are
a good example of an impairment that might be evaluated
under this listing. A finding that the listing is met is
based on a consideration of the symptoms, signs, and laboratory
findings associated with recent or anticipated surgical
procedures and the resulting recuperative periods. Included
in this consideration should be any related medical complications,
such as infections, illnesses, and therapies that impede
or delay the efforts toward restoration of function in your
upper extremity.
14. L isting 101.08: Soft Tissue Injuries of an Upper
or Lower Extremity, Trunk, or Face (Children)
See comments under adult Listing 1.08.
15. L isting 100.02: Growth Impairment Related to Known
Cause (Children)
Growth impairments linked to a definite medical cause include
skeletal abnormalities like dwarfism, infections before
birth, fetal alcohol poisoning, genetic abnormalities, diabetes,
hypothyroidism, severe heart disease, sickle cell anemia,
malnutrition, cystic fibrosis, kidney failure, or other
severe chronic diseases. Children who are small because
their parents are small are not considered to have a growth
impairment.
16. L isting 100.03: Growth Impairment of Unknown Cause
(Children)
Only children with growth impairments not related to some
known medical disorder are evaluated under this listing.
Part A is similar to part A in Listing 100.02, except that
a greater fall in percentile ranking for height is required.
Part B requires x-ray verification that the age of the childs
bones is far below that normally expected for her age. This
should be done by a doctor experienced in interpreting such
x-raysa radiologist. If the childs epiphyses (bone growth
centers) are closed, then they are no longer active and
the childs growth has stopped. Such closure of the epiphyses
is normal as a person becomes an adult and growth stops.
In older children when the epiphyses have already closed
at the time of disability determination, bone age determination
cant be done and this listing cannot be used. If several
height measurements are not available when the child applies
for disability, the SSA will hold the claim
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