Many soft tissue injuries heal quickly without any permanent limitations or loss of function. Others do not heal or scar tissue forms causing functional limitations in the use of the joint. Listing 1.08 is for the injuries that do not heal properly and need treatment from a surgeon for more than 12 months.
“1.08 Soft tissue injury (e.g., burns) of an upper or lower extremity, trunk, or face and head, under continuing surgical management, as defined in 1.00M, directed toward the salvage or restoration of major function, and such major function was not restored or expected to be restored within 12 months of onset. Major function of the face and head is described in 1.00. ”
Soft tissue injuries may be damage to tendons, ligaments, skin, nerves, and muscles of the body. Social Security requires the patient to be “under continuing surgical management” meaning only people who are currently under the care of a surgeon and the surgeon must be providing care for the purpose of restoring the functioning of the affected body part will qualify under listing 1.08.
The listing also requires major function of the body part affected has not been restored within 12 months of the injury. The major function of an upper extremities includes arm and hand movement, the lower extremities would include use of the legs and feet, and major function of the face and head includes vision, moving the mouth, speech, and hearing. A person would not be considered to have restored use of the upper extremities if gripping objects both large and small can not be done, or if the person was not able to chew after a month injury.
Once recovery has been reached and the person is not expected to improve the claim will be evaluated according to the person’s remaining ability to stand, walk, sit, lift, carry, use hands, and vision. Social Security will also consider the person age, education, and past work in combination with the remaining physical abilities.
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.
