BONE FRACTURES & DISABILITY BENEFITS

CAN YOU GET SSD BENEFITS FOR BONE FRACTURES?

Bone fractures and broken bones normally heal in a matter of a couple of months. Therefore, it can be difficult to get SSD benefits for bone fractures. In order to qualify for Social Security Disability benefits and SSI benefits, you must have a medical condition that prevents you from working for at least one year.

Most people who apply for SSD benefits for a fractured or broken bone do not receive benefits. Mainly, because bones usually heal. However, broken bones or bone fractures that do not set or heal properly may take longer than a year for you to recover from. If you have a bone fracture that will not heal and you are unable to work, then you may qualify to receive SSD benefits.

You can apply for two types of benefits through the Social Security Administration. First, you can apply for Social Security Disability Insurance benefits (SSDI). SSD benefits require you to have a lengthy work history. They also require you to have paid your taxes. You need to pay taxes for the government to set aside your monthly disability benefits. SSD benefits come with Medicare. Learn about Medicare benefits. Medicare also comes with retirement benefits.

The second program is Supplemental Security Income (SSI). SSI benefits are for those who have never had a job. They are also for children. Additionally, SSI gives more money to those with a low monthly SSD payment. SSI benefits come with Medicaid. Learn information about Medicaid benefits.

Each of these programs requires you to have a disability that keeps you from working for over 12 months. If you have a bone fracture that will not heal, then you should apply for benefits. Learn how to do to apply for SSD benefits.

FOUR MAIN TYPES OF BONE FRACTURES

There are four main kinds of bone fractures: displaced, non-displaced, and open and closed fractures.

The way the bone breaks is the main difference between a displaced and a non-displaced bone fracture. A displaced fracture is when the bone breaks in two or more parts and then moves. This means the broken bones are not lined up. A non-displaced fracture is when the bone breaks halfway or all the way but does not move. Therefore, it stays in its proper position. In a closed fracture, the bones break but do not go through the skin. In an open fracture, the bones break through the skin.

Fortunately, most broken bones will heal in a matter of weeks or months. If you have osteoporosis, however, your broken bones may have trouble healing. Additionally, once you have a bone fracture it is likely to fracture again.

Depending on the kind of bone fracture, there can be many issues. For example, if you have a bone fracture of a femur bone, you may not be able to bear weight. If the femur bone does not heal properly, then you may be unable to walk without crutches for a long time.

Likewise, if you have a fractures in your arms, like in the shoulder or hand, then you may have trouble lifting, carrying, and pushing or pulling objects. If your job involves using your arms, as most jobs do, then you may not be able to work.

DISABLING CONDITIONS THAT RESULT FROM BONE FRACTURES

In addition to pain and physical limitations, there are many other kinds of problems that can happen if your bone fractures. The following list explains various problems that can occur from bones fractures and can lead to disability.

First, if you have a bone fracture, then you could experience:

• Injuries to muscles, joints, major blood vessels and organs
• Hypovolemic shock, a life threatening condition caused by blood loss when a major blood vessel bursts

Second, there can also be problems after a bone fracture:

• Bone infection
• Blood clots
• Compartment syndrome, which is painful swollen tissue or internal bleeding near the fracture site

Finally, there can be other severe problems after a bone fracture. For example, there can be:

• Deformity of a limb due to improper healing of the bone fracture
• Bone shortening
• Bone death due to lack of oxygen to the bone and surrounding tissues
• Muscle wasting
• Painful contractures which make it hard to move the joints near the fracture site

MEETING LISTING 1.22 FOR NON-HEALING FRACTURE OF THE FEMUR, TIBIA, PELVIS OR TALOCRURAL BONES

The SSA has two listings under Section 1.00 – Musculoskeletal System of the Blue Book that deal with bone fractures. The first listing 1.22, deals with a non-healing or complex fracture in the lower part of the body. For example, listing 1.22 applies if you have a broken or fractured femur. It is possible that your femur may not heal. Because your femur supports your body weight, if there is no union of the bone, then you will not be able to walk or bear weight. This is the type of injury in the SSA listing:

1.22 Non-healing or complex fracture of the femur, tibia, pelvis, or one or more of the talocrural bones with A, B, and C:

A. Solid union not evident on imaging and not clinically solid.

AND

B. Impairment related physical limitation of musculoskeletal functioning that has lasted, or is expected to last, for a continuous period of at least 12 months.

AND

C. A documented medical need for a walker, bilateral canes, or bilateral crutches or a wheeled and seated mobility device involving the use of both hands.

MEETING LISTING 1.23 FOR A COMPLEX FRACTURE OF AN UPPER EXTREMITY

Listing 1.23 is similar to Listing 1.22. However, in listing 1.23, the SSA discusses a non-healing or complex fracture of an upper extremity, like your arm. The listing specifically notes various bones that may fracture. For example, it outlines the shaft of the humerus, the radius, and the ulna. These bones are all in your upper arms.

The reason that a fracture of an arm bone that won’t heal can cause disability is not being able to use your hands. For example, if you have a broken bone in your arm, then it will impair your ability to use your fingers to type, grasp tools, write, or reach. If you cannot perform fine finger or gross movements with your hands, then it is likely that you cannot work. Almost all jobs require good use of the hands.

1.23 Non-healing or complex fracture of an upper extremity with both A and B:

A. Nonunion or complex fracture, of the shaft of the humerus, radius, or ulna, under continuing surgical management directed toward restoration of functional use of the extremity.

AND

B. Medical records of an inability to independently initiate, sustain, and complete work activities involving fine and gross movements that has lasted, or is expected to last, for a continuous period of at least 12 months.

WHAT DOES EQUALING A LISTING MEAN?

If you do not meet a listing, then your condition may “equal” a listing if your symptoms are similar to but not exactly the same as in a listing. To equal a listing, your condition must be equal to the listing in severity and duration.

If you have a broken bone that won’t heal, then it may equal a listing if the symptoms from it cause the same limitations as those found in the listing.  Similarly, you can equal a listing if you have two bone fractures. For example, one in your arm and one in your leg. This is common if you have been in some type of major accident, like a car accident. If the combination of your two bone fractures is as severe as the listing, then you “equal” the listing.

Additionally, it is possible for severe bone fractures to result in arthritis. If that is the case, then you may meet or equal a listing under osteoarthritis. Find out about osteoarthritis and SSD benefits.

BONE FRACTURES AND YOUR RESIDUAL FUNCTIONAL CAPACITY

Residual Functional Capacity (RFC) is one of the most important concepts in your SSD case. Your RFC can make the difference between winning or losing your SSD benefits. If you can prove that your RFC prevents you from working, then you can be paid benefits. So, what is your RFC?

The RFC is the medical assessment of what you can physically and mentally do in a work setting. It is the definition of your functional limitations after taking into account all of your symptoms.

In order to figure out your physical RFC when you have bone fractures, the SSA will examine your medical records. They will take into account what your doctor states in your medical records. Also, the SSA will review any statements from your doctors. They will also review records from the SSA’s doctors.

The SSA will also consider descriptions about your symptoms from your family, neighbors and friends. For example, your family or friends could write a statement about the pain you are feeling. Find out how your RFC combines with age to eliminate work. Also, find out about SSA’s Medical Vocational Guidelines.

TREATING DOCTOR STATEMENTS ABOUT YOUR BONE FRACTURES

Your medical records should contain information about when your broken bone occurred. Likewise, your records should also include your diagnosis and document your ongoing symptoms. In most cases, an individual with a complex fracture may undergo a number of operations to help restore function to their leg or arm. Broken bones can also occur from other diseases like cancer or multiple myeloma.

You need to make sure the medical record is complete. But, you also need to make sure that your medical records contain an outline of your RFC. This means your doctor should write down whether or not your bone fracture prevents you from lifting, walking, sitting, or carrying. In order to outline your RFC, you should ask you doctor to fill out a form talking about your limitations. Likewise, your doctor can write a letter about your RFC.

The RFC states how much you can lift and how many minutes you can sit at one time before you need to stand up. Also, your doctor should explain how many minutes you can stand at one time before you need to sit down. If you need to lay down during the day, then your doctor should include that information. If you have trouble using your hands to grasp or pinch, then your doctor can document it. The RFC statement will obviously depend upon where your bone fracture is located. It is very important, however, for your doctor to discuss your limits in your medical records.

OUR LAWYERS ARE EXPERTS IN SSD BENEFITS

You are seeking a lawyer to represent you in your SSD case because of bone fractures that will not heal. You need an attorney you can trust. If you want to learn more about the lawyers and staff at our law firm, then read About Us. There you will find more information about each of our attorneys. For example, Andria Summers can help you with your Medicare plan. Likewise, she has also won thousands of Social Security cases.

Dianna Cannon also has decades of experience helping her clients win benefits in court. She has been an attorney for thirty years. During that time, she has won thousands of SSD and SSI cases. Ms. Cannon also has licenses in a number of states. For example, she has law licenses in California, Utah, Nevada, and Washington State.

Additionally, Brett Bunkall has experience helping people obtain their SSI and SSDI benefits. He is a legal expert. Also, he has a license to practice law from the Idaho State Bar Association. Find out about SSD benefits in Idaho. Similarly, all of our attorneys are legal experts. You can trust us to help you win SSDI benefits if you are struggling to work due to bones that will not heal.

WE CAN HELP YOU WIN SSD BENEFITS FOR BONE FRACTURES THAT WILL NOT HEAL

There are many important issues that play a role in whether you receive benefits for your bone fractures that won’t heal. You need a lawyer who understands those issues. Also, you need an attorney who knows the law. Choose an SSD lawyer with years of experience dealing with the SSA.

Cannon Disability wants to be your legal team. Hire us for our experience. Over the last 30 years, we have won over 20,000 SSD and SSI claims. It isn’t an easy task to win. But, we have the experience to get the job done. We also have the experience to win your case. Many law firms claim they practice Social Security law, but it is not the focus of their practice. Instead, they really focus on personal injury cases and they take a Social Security case every once in awhile. Don’t choose that firm. Because you want a lawyer who is an expert in Social Security cases.

Another important factor to consider when hiring an attorney is cost. Hiring us is affordable. We do not ask you to pay us any money up front. You do not pay an attorney fee until we win your case. If we win, then the attorney fee comes out of your back benefit. If we do not win your case, then there is no attorney fee for you to pay. Learn about attorney fees in SSD cases.

CONTACT US TODAY FOR A FREE REVIEW OF YOUR CASE

Contact us today. Take advantage of our free review of your case. You can explain why your fracture keeps you from working. We will be able to tell you if you qualify for benefits. Because we are experts in SSI and SSDI benefits. We will also do our best to win your SSD benefits for your bone fractures that won’t heal.

Call now. We will answer your questions.

Speak to our intake staff. We will ask you many questions, but we also want to know your story. When you call, tell us what bone fracture symptoms you are experiencing. If you have had multiple surgeries to fix a fracture, please tell us about them. Even if you had surgery a long time ago, we still want to know about it.

Also, be ready to tell us about your doctors and medications. We also want to know if you are getting treatment for mental conditions, like depression or anxiety. Find out now if we can help you obtain SSD benefits for your bone fractures. Contact us for your free review of your case.