David Kapor
(513) 721-2820
SOCIAL SECURITY DISABILITY: THE "LISTINGS"
Musculoskeletal injuries and impairments are the most common disabling conditions suffered by my clients in the building trades. These include back injuries, worn out arthritic backs, deteriorating knees and shoulders. Let's face it, the body is their most important "tool" in their trade. The work is hard, heavy and taxing. Backs, knees and shoulders bear the brunt of their labor and are the first to wear out. If you look around your job site, you will notice that there are very few coworkers over the age of 52. The Social Security Regulations contain 14 different categories of specific medical impairments. They are called the "Listings of Impairments" (20 CFR 404 Subpt. P App 1). Included is a section called "1.01 Category of Impairments-Musculoskeletal". Various conditions are contained in this category including herniated discs, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, the shoulders, knees and feet, non union fractures, etc. Having one of the "Listed" conditions is not enough. You must have the required symptoms which are set forth within each category. Whether or not you meet the criteria for a "Listed" condition, or equal in severity the required criteria will depend almost exclusively on two factors: 1. What is contained in the various tests such as MRI scans, EMG and X-rays; 2. The opinions of your treating physician(s) as set forth in your medical chart. You will recall that in a previous article I emphasized how important it was for your treating physician(s) to carefully document your symptoms, conditions and functional limitations. If you meet the criteria in a "Listed Impairment" you are conclusively determined to meet the SSA's definition of disability. It is the clearest way to obtaining disability benefits but they often can be the most difficult to meet because very few cases are so clear cut. However, for those folks over the age of 50, there are other paths to meeting the SSA's definition of disability. |
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Social Security & Disability Claims Attorney
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How Long? Getting Help the Listings Ancillary Benefits Process Overview