If you have a fracture of a bone in your leg and are unable to work, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Once you submit your application for disability, Social Security will evaluate your condition and medical records in accordance with the listings found in the Blue Book.
Social Security Listing
Social Security evaluates lower extremity fractures under listing 1.06. To meet the listing found in the Blue Book, you should have medical records that outline your condition as well as the limitations that you now have, as a result of the fracture.
If you have a fracture of your femur, tibia, pelvis, or one (or more) of your tarsal bones in your feet, you will meet the listing if the fracture results in a not clinically solid union evident on imaging (such as CT, x-ray, and MRIs) and if you cannot ambulate effectively for at least twelve months. This means that in addition to supportive imaging records, you must have an extreme limitation in your ability to walk, and you generally must have insufficient functioning of your leg(s) such that you cannot walk independently without the use of a hand-held assistive device (such as a cane or walker) that limits the use of both of your arms. The medical evidence will also need to indicate that you have either not returned to effective ambulation within 12 months of onset, or if 12 months has not yet passed, a return to effective ambulation must not be expected within 12 months of onset.
I Don’t Meet a Listing!
If you don’t meet the listing, you still may qualify for SSDI or SSI benefits. In this case, you will need medical records that show that you will be unable to work for at least twelve months, based on your condition, symptoms, medication side effects, or treatment schedule.
To prove your case, you will need the imaging reports taken of your fracture; a detailed history of your treatments (including any operative reports and physical therapy notes); and information on the types of medication you take.
If you have a nonunion of a fracture of one of the bones in your legs and are unable to work due to your condition, contact a local attorney today if you have any questions.