Gardberg & Kemmerly, P.C. Attorneys at Law

Disability and leg fractures:

To be entitled to Social Security Disability Insurance Benefits or Supplemental Security Income, a claimant must show they are unable to perform their past work and that they cannot adjust to other work due to a medical condition. The disability must last or be expected to last one year or result in death. One way to show disability is to show that a condition meets the requirements of one of the "Listings" found at 20 C.F.R. Pt. 404, Subpart P, App. 1. Another way is to show that you cannot return to your previous jobs or make an adjustment to other jobs in the national economy due to your residual functional capacity.

I've recently had many Disability Insurance Benefit and Supplemental Security Income cases that involve clients alleging disability due to them having fractured the bones in their leg.

Social Security Regulations 20 C.F.R. Pt. 404, Subpart P, App. 1 Listing 1.07 states that an individual is disabled if they have a fracture of the femur, tibia, pelvis, or one of the tarsal bones, with a solid union not evident, and an inability to ambulate effectively.

Leg fracture cases usually involve a traumatic event, usually an automobile accident. Usually the person has hardware placed inside the leg to strengthen the bone. The person is usually not able to walk without an aide for a period of time after the surgery. Physical therapy is then considered. Sometimes more surgeries are considered.

Most of the people I represent with leg fractures were denied by Social Security because Social Security believed my client's fracture would form a solid union or they would be able to ambulate effectively with in one year of the accident.

The key to these types of cases is the one year disability requirement. If the claimant's fracture has formed a solid union or they are ambulate effectively within one year from the date the accident, they will not meet the Listing. If someone does not meet the listing, then the Administrative Law Judge must determine if that person could return to their past relevant work and/or other jobs in the national economy.

If you have suffered from a broken bone and question whether you meet Social Security Listing 1.07 or otherwise meet Social Security definition of disability, an experienced Social Security Disability attorney can help you.

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