Can I Receive SSDI Benefits for an Arm Injury That Did Not Properly Heal?
It is difficult to receive Social Security Disability Insurance (SSDI) for arm injuries because they normally heal within several weeks or months. However, if you have a broken arm that did not properly heal, you may be eligible for disability if it prevents you from working and will take longer than a year to recover.
Below, learn more about applying for benefits for an arm-related injury. A broken or fractured arm can cause other complications that make the injury much more severe. Dayes Law Firm has helped many claimants over the years obtain the benefits they need. The initial consultation is free of charge.
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SSDI for an Improperly Healed Arm Injury
While each situation is different, the healing of an arm injury will generally determine one’s eligibility for disability. Claimants with a broken or fractured arm could be approved for SSDI benefits if:
- Your medical records prove the bones or fractures did not rejoin (Broken or fractured arms that do not heal properly are more likely to be fractured again in the future.)
- Your doctor says that you are unable to reach up high, push, pull or lift for one year, at a minimum, until you regain strength in your arm
- Your doctor says that you are unable to work a normal five-day workweek, eight hours a day
Your treating doctor’s opinion must be supported by medically acceptable clinical and laboratory findings. The Social Security Administration (SSA) more often than not denies disability claims for arm injuries because they do not believe the injury is severe enough to last for more than a year.
Claimants seeking benefits for a fractured or broken arm are able to increase their chances for approval at a disability hearing because the hearing often happens a year or more from the date of the injury.
However, it is important to file for SSDI as soon as you are aware that your condition will keep you out of commission for that length of time. Do not wait for a full year to actually pass. Applying for benefits earlier, or at least informing the SSA of your intent to file, could help you obtain the benefits you need.
Meeting SSA’s List of Impairments
The SSA has one listing under Section 1.00 Musculoskeletal Disorders of the Blue Book that may cover a broken or fractured arm. Listing 1.23 deals with non-healing or complex fractures of an upper extremity.
You may qualify for SSDI benefits as long as you meet the following requirements:
- You have a nonunion or complex fracture, meaning it has not set or otherwise healed properly (This can be proven through X-rays and other imaging results.)
- You are receiving ongoing surgical care and management to restore the use of your arm
- The function you lost in your arm does not allow you to complete work-related activities involving fine and gross movements, and your doctor does not expect it to improve within a year
It is important to continue medical care and follow treatment recommendations as you apply for benefits. Listing 1.23 specifically states that claimants are required to be under a doctor’s care and that surgical attempts must be aimed at restoring functional use of the upper extremity.
If your broken or fractured arm is not sufficient enough to meet or equal a listing, you may be eligible for disability through a residual functional capacity or RFC assessment. The SSA will review your medical records and perform this assessment to evaluate your ability to complete tasks required for most jobs.
If it is shown that you cannot perform work as you have done in the past based on the current and expected duration of your disability, you may be able to qualify for SSDI benefits.
Can Hiring a Lawyer Help My Claim?
Claimants that hire lawyers experienced in disability cases have a greater chance of being approved for benefits than those who decide to pursue the filing process on their own.
A licensed Phoenix Social Security Disability lawyer is ready to do the following on your behalf:
- Gather information, including all of your medical records from treating doctors, surgeons and hospitals, to help show that your arm injury is disabling
- Demonstrate your inability to perform the tasks required by your current job or a previous job due to the severity of your arm injury
- Prove that the extent of your arm injury prevents you from engaging in any substantial gainful activity (Generally, this is work that brings in over a certain dollar amount per month.)
Contact Us for a Free Consultation
Dayes Law Firm offers a free initial consultation to review your situation and discuss your eligibility for disability. You are under no obligation after this meeting to hire our firm, but if you do, we work on a contingency fee basis. This means that there are no upfront fees for our services. We do not get paid unless we help you obtain disability benefits. We are available 24/7, day or night, to take your call.
Call1-800-503-2000 for Legal Help.