Nancy Withers, Michelle Parsons, and Maureen Nowak
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General Issues

Social Security Listing 1.06 Fracture of the leg or feet

There are many types of bone fractures, the most common are compression, open, closed, and stress. If the fracture has not healed properly you many be eligible for Social Security Disability Benefits. It is import to remember Social Security Disability requires the fracture to have lasted or is expected to last for at least one year. If your fracture heals in less than a year you will not be eligible for Social Security Disability. Below is SSA listing 1.06:

1.06 Fracture of the femur, tibia, pelvis, or one or more of the tarsal bones. With:
A. Solid union not evident on appropriate medically acceptable imaging and not clinically solid;
B. Inability to ambulate effectively, as defined in 1.00B2b, and return to effective ambulation did not occur or is not expected to occur within 12 months of onset.”

Listing 1.06 deals with fracture of femur or thighbone, tibia or shinbone, pelvis, and tarsal bones or one of seven bones making up the back half of the foot.
The nonunion of a fracture can happen for many reasons. A fracture is considered not solid or nonunion when the fracture is still evident on an x-ray 6 months after the injury. For a fracture a plain x-ray of the fracture is acceptable imaging for proof of the nonunion.
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.”
The explanation and examples are intended to mean an individual who can only walk with the aid of hand-held assistive devices requiring the use of both upper extremities. Also, anyone with an ineffective gait who cannot use assistive device would meet the definition. An example of a person who cannot use an assistive devices would be a person who has shoulder pain and cannot use crutches or a person with hand limitation and cannot grip canes. SSA views activities of daily living as your day to day routines such as cooking, cleaning your home, laundry, going shopping, caring for your pets, personal hygiene and social activities. SSA evaluates your ability to do these daily activities when making a decision on your case.
It is possible to be found disabled by Social Security Administration without meeting a listing. You may be disabled if you are unable to stand, walk, and lift throughout an 8 hour workday. In addition, a person’s age, education, and past work are important when evaluating Social Security Disability claims. Call us at Representative Services or fill out our form for a free disability evaluation for more information if you have not been able to work due to any impairment.

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