Idaho Disability Lawyers

Musculoskeletal Listing–Part I

Social Security has provided guidance on many disabling conditions in what it calls its “Listings”.  The first of these listings if for Musculoskeletal disorders, which covers disabilities that affect your ability to move without pain.  A large percentage of disability claims fall under this listing.  Our Boise Social Security Attorneys can provide you with a free consultation and determine if your disability satisfies the requirements of this listing.  Our disability lawyers are experts in Social Security Disability (SSD) benefits applications.

The purpose of this article is to familiarize you with what kinds of conditions fall under the Musculoskeletal Listing and some important definitions and terms, especially the following: Inability To Ambulate Effectively and Inability To Perform Fine And Gross Movements Effectively.

Disability Attorney firmThe Musculoskeletal Listing covers any condition that causes or results in bone or joint deformities, including disorders of the spine, amputations, fractures or soft tissue injuries that require long periods of immobility.  Arthritis is also covered by Listing 14—Immune System.  Regardless of the cause of your condition, in order to satisfy the Musculoskeletal Listing, your condition must cause you to have significant difficulty in walking or handling and fingering, and the condition must be expected to last for 12 months or longer (so broken bones and even some amputations don’t qualify).

Inability To Ambulate Effectively—The inability to ambulate effectively means that you have such difficulty with your feet or legs that you have to use a two handed walker (or a cane if only have the use of one hand).  What it means to ambulate effectively is also defined as follows:  for Social Security to be able to find that you ambulate effectively, it must be shown that you are capable of sustaining a reasonable pace or a sufficient distance to carry  out your normal activities.  You also must be able to make it to work without needing companion assistance.  Examples of the inability to ambulate effectively include:  (1) the inability to walk without a walker, two crutches or two canes, (2) the inability to walk for a block at a reasonable speed across rough or uneven ground, (3) the inability to run errands, and (4) the inability use stairs at a reasonable pace.

Inability To Perform Fine and Gross Movements Effectively—Fine motor activity is fingering.  Gross motor activity is reaching, lifting and handling.  If you are unable to use your fingers effectively, there are very few jobs you can perform and you will likely be found disabled.  If you can finger, but have difficulty reaching lifting, and handling, you may also be found disabled, even though there are a few jobs available.  Examples of the inability to perform fine and gross motor activity include: (1) the inability to brush your teeth, (2) the inability to comb, braid or wash your hair, (3) the inability to cook meals, and (4) the inability to hand files, papers, money, etc.

Pain And Weakness And Your Ability to Function—Pain and weakness are almost always a component of your inability to move.  These are very subjective, especially complaints of pain.  Because of this, you need to have your pain and weakness backed up by objective findings such as X-rays, MRI’s, atrophy and weakness, numbness, etc. that clearly demonstrate that there is a mechanical problem of some kind.  Its very important that you provide as much of this objective evidence as possible.

If you have a condition that results in difficulty walking, handling or fingering, call today to speak with a Social Security Disability attorney in Boise.  We don’t charge you for the consultation and you don’t pay a fee until we win your case.

Originally posted 2013-12-16 19:58:20.