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amination, then a doctor must feel or see movement evidence that the bone portions have failed to reunite. Some healing of the fracture won't disqualify the child as long as it hasn't healed into a solid union. ® An inability to ambulate effectively, with no expectation that the child will regain the ability to walk effectively within 12 months of onset. The ability to walk effectively is described in Listing 101.02A.

11. Listing 1.07: Fractures of an Upper Extremity (Adults)

The SSA frequently sees applicants with broken bones, but many are denied because the breaks are expected to heal well within 12 months. This is true even for people with multiple fractures from automobile or motorcycle accidents. Only in rare cases where an applicant has a history of fractures not healing would the SSA predict that the current fractures would not heal within 12 months. Allowances are made under this listing not merely because of the fracture itself, but because of the limiting effects of treatment and possible complications. The SSA may find that the listing is met based on your symptoms, signs, and laboratory findings from any recent or anticipated surgical procedures and post-surgery recuperative periods. The SSA should also consider any related medical complications, such as infections, illnesses, and therapies that will impede or delay the efforts toward restoration of function of your upper extremity.

In general, for you to be granted disability under this condition, your fracture would have to remain unhealed for least six months and be likely to remain unhealed for a total of at least 12 months. Lack of healing for six months is not an SSA policy—but as a matter of medical fact, no doctor can reliably assert that the required 12-month duration will be satisfied without first seeing at least six months of failed healing. If your doctor states to the SSA that your fracture will not heal within 12 months, the doctor must provide supporting evidence. A simple letter stating that recovery from a fracture will require at least 12 months, without convincing medical reasons, will be almost useless.

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