If you have lost a limb (arm, leg, foot, or hand) you may qualify for Social Security Disability under listing 1.05. Social Security first looks to the listing to determine if a person is disabled under their rules. However, Social Security will consider other factors if you do not meet the listing.
“1.05 Amputation (due to any cause)
A. Both hands;
or
B. One or both lower extremities at or above the tarsal region, with stump complications resulting in medical inability to use a prosthetic device to ambulate effectively, as defined in 1.00B2b, which have lasted or are expected to last for at least 12 months;
or
C. One hand and one lower extremity at or above the tarsal region, with inability to ambulate effectively, as defined in 1.00B2b;
or
D. Hemipelvectomy or hip disarticulation.”
Section A of the listing is very straight forward; if both of your hands have been amputated or removed for any reason you will qualify for Social Security Disability.
Section B of the listing requires one leg or both legs (above the ankle) amputated for any reason with stump complications which makes it difficult to use prosthetic device to walk. There are many reasons for stump complication, some examples are: skin breakdown on the stump, stump pain, stump shape not well suited for prosthesis, or problems with balance. The inability to wear a prosthetic device to walk is only part of the listing; if the person is able to wear the prosthetic device but unable to walk effectively they may also meet the listing.
The C section of listing 1.05 is met when one hand and one lower extremity above the ankle has been amputated for any reason with the inability to ambulate or walk effectively
Social Security’s definition of the inability to ambulate effectively: “To ambulate effectively, individuals must be capable of sustaining a reasonable walking pace over a sufficient distance to be able to carry out activities of daily living. They must have the ability to travel without companion assistance to and from a place of employment or school. Therefore, examples of ineffective ambulation include, but are not limited to, the inability to walk without the use of a walker, two crutches or two canes, the inability to walk a block at a reasonable pace on rough or uneven surfaces, the inability to use standard public transportation, the inability to carry out routine ambulatory activities, such as shopping and banking, and the inability to climb a few steps at a reasonable pace with the use of a single hand rail. The ability to walk independently about one’s home without the use of assistive devices does not, in and of itself, constitute effective ambulation.”
If you have had a hemipelvectomy (the amputation of one leg together with removal of half of the pelvis on the same side of the body) and hip disarticulation (amputation of the leg through the hip joint) you will meet listing 1.05D
If you do not meet the above criteria, you may still qualify for Social Security Disability. Social Security will also consider your age, education, past work, and your remaining abilities to do work like activities. Your ability to sit, stand, walk, lift and carry for an 8 hour work day will also be considered. Social Security will consider your ability to perform daily tasks such as; shopping, laundry, cooking, and caring for personal needs.
If you having any questions about listing 1.05 or any other Social Security Disability questions give us a call for your free case evaluation. 515-271-8186
24
Feb
2015
