What this listing covers
Listing 1.17 covers you if you have undergone reconstructive surgery or surgical arthrodesis on a major weight-bearing joint. These joints include the hip, knee, and the ankle-foot complex. Arthrodesis is the surgical fusion of bones to eliminate joint motion, while reconstructive surgery aims to restore function through procedures like joint replacement.
These surgeries often result in significant challenges with mobility and stability. You may struggle to stand for long periods, walk without assistance, or perform basic tasks that require weight-bearing. When these limitations persist despite surgical intervention and physical therapy, they can make it impossible to maintain steady employment.
How SSA evaluates a claim under this listing
Under Listing 1.17, the SSA evaluates whether your surgery has successfully restored your ability to function. They look for a documented history of the procedure and evidence that you still require a walker, bilateral canes, or bilateral crutches to move safely. If you use a wheeled and seated mobility device that requires both hands, this also meets the criteria for evaluation.
The impairment must be expected to last for a continuous period of at least 12 months. The SSA requires evidence that your need for an assistive device is medically documented and necessary for your daily functioning. They will review your medical records to ensure that your inability to ambulate effectively remains a consistent issue despite the surgical treatment you received. An attorney can help you organize your medical records to ensure they meet these specific SSA requirements.
Evidence that strengthens a claim
Your claim is strengthened by complete operative reports that detail the surgical findings and any complications. You should also provide imaging, such as X-rays or MRIs, that show the current state of the joint. Medical records from your surgeon or orthopedic specialist documenting your post-operative recovery and the ongoing need for assistive devices are essential.
Non-medical evidence, such as a function report from your doctor, helps clarify how your joint limitations impact your ability to work. Statements from family members or former coworkers regarding your daily mobility struggles can also provide context. A consistent record of physical therapy attendance and your response to that treatment helps show that you have followed medical advice. An attorney can help you gather this evidence to build a stronger case.
How an attorney helps
A disability attorney helps by ensuring your medical records clearly link your surgical history to the specific functional requirements of Listing 1.17. They can obtain necessary statements from your medical providers that address your specific limitations in standing and walking. By organizing your evidence to match what the SSA looks for, an attorney helps you present a complete picture of your disability before your claim is reviewed.
Frequently asked questions
A knee replacement may qualify under Listing 1.17 if you cannot ambulate effectively and require a walker or bilateral canes for at least 12 months post-surgery. The SSA focuses on your functional ability to move rather than the surgery itself. An attorney can review your medical records to see if your post-surgical limitations meet these specific standards.
The SSA evaluates your claim by looking for proof of the surgery, the duration of your recovery, and your documented need for an assistive device. They require objective medical evidence showing that you cannot walk or stand effectively. If your records are incomplete, an attorney can help you gather the necessary documentation to support your claim.
The most critical evidence includes your operative reports, follow-up notes from your orthopedic surgeon, and documentation of your need for a walker or crutches. You must show that your mobility issues have lasted or will last for at least one year. A disability attorney can help ensure these documents are properly submitted to the SSA.
If your claim is denied, you have the right to request a reconsideration and, if necessary, a hearing before an administrative law judge. You must file your appeal within the specific deadline provided in your denial notice. An attorney can help you identify why the claim was denied and prepare a stronger case for your appeal.
