Listing of Impairments – Musculoskelatal Impairments | Indian Rocks Beach Social Security Disability Lawyer
Section 1 of the Listing of Impairments deals with disorders of the musculoskeletal system that results from “hereditary, congenital or acquired conditions.” This can include problems resulting from infections, inflammatory processes, degenerative processes, traumatic events, or vascular or metabolic diseases.
The Social Security Administration will expect to see in your medical records comments by your treating physician about changes in the range of motion of the joint involved, the condition of the muscles, sensory or reflex changes, laboratory findings, and the results of diagnostic testing including x-rays, CAT scans, MRIs, and bone scans.
Your medical records should have a detailed description of the findings your doctor made when you are examined. The Social Security Administration will reject comments like “He says his back hurts and he has tingling in his leg.”
The Social Security administration will also compare your reported complaints and your doctor’s examination findings with what you have reported to the Social Security Administration about your daily activities. There will be big problems if there are any inconsistencies.
The Social Security Administration focuses on “functional” loss as a result of these disorders. This includes the ability to walk effectively on a sustained basis or the inability to perform fine and gross movements which will last, or is expected to last, for at least 12 months.
The Social Security Administration will review your medical records and other evidence to determine if you have met this criteria. The introduction to Listing of Impairment – Section 1 notes that “musculoskeletal impairments greatly improve with time or respond to treatment.” As a result, the Social Security Administration wants to see medical records that show ongoing problems which are severe enough or which will be expected to last long enough.
What if there is no record of ongoing treatment? That makes proving your case hard to do! The Social Security administration will look at the current objective medical evidence, taking into consideration your medical history, symptoms, and medical opinions. Most likely you will not be able to establish that you meet a listing.
In any case in which you have a medically determinable impairment that is not listed, or your impairment doesn’t meet the requirements of the listing, or a combination of the impairments don’t meet required listing, the Social Security Administration will consider “medical “equivalency.” As a practical matter, I rarely see that happen.
The categories of impairment include dysfunctions of major joints such as the hip, knee, shoulder, elbow, wrist – hand, and ankle – foot, reconstructive surgery of a major joint; disorders of the spine; amputations; fractures of the femur, tibia, pelvis or one or more of the tarsal bones; fracture of an upper extremity with nonunion with continuing surgery, and soft tissue injuries which have resulted in surgeries without the restoration of function within 12 months of the onset.
One of the most common musculoskeletal impairments involves the spine. The Social Security Administration has specific requirements it wants to see before they will agree that any spine condition meets a listing. I will talk about that in our next posting. For now, If you need to file a claim for this disability you should consult experienced lawyers Cavey & Barrett.
