To meet Listing 1.23, you must have a non-healing or complex fracture of the humerus, radius, or ulna that is currently under active surgical management. You must also document an inability to perform work-related fine and gross movements for at least 12 months. An attorney can help you gather the surgical records and physician statements needed to prove your case.
What this listing covers
A complex or non-healing fracture of the upper extremity involves a break in the humerus, radius, or ulna that fails to mend properly despite medical intervention. These injuries often require multiple surgeries, hardware fixation, or bone grafting to stabilize the limb. When the bone does not fuse as expected, it is classified as a nonunion, which can lead to significant pain and instability.
These fractures severely limit your ability to perform daily tasks that require fine or gross motor skills. You may find it impossible to lift, carry, reach, or manipulate objects with your hands. Because these activities are essential for most work environments, a persistent fracture can make it difficult to sustain employment, even in sedentary roles that require typing or handling files.
How SSA evaluates a claim under this listing
Under Listing 1.23, the Social Security Administration evaluates whether your fracture remains under active surgical management. SSA looks for evidence that you are undergoing a planned series of procedures or treatments specifically directed at restoring the functional use of your arm. The focus is on the medical necessity of these ongoing interventions to fix the bone.
Beyond the surgery itself, SSA requires proof that your injury causes a total inability to perform work-related activities involving fine and gross movements. This limitation must be documented to have lasted, or be expected to last, for a continuous period of at least 12 months. You must demonstrate that you cannot independently initiate, sustain, and complete tasks like gripping, lifting, or fingering.
Evidence that strengthens a claim
Your claim relies on detailed medical records that document the complexity of the fracture and the ongoing surgical plan. This includes operative reports, imaging such as X-rays or CT scans showing the lack of union, and clinical notes from your orthopedic surgeon. These records must clearly explain why the bone is not healing and what specific surgical steps are being taken to address it.
Non-medical evidence is also vital to show how your injury impacts your life. A statement from your doctor describing your specific functional limitations is highly valuable. Additionally, a personal function report detailing your daily struggles with basic tasks like dressing, cooking, or handling tools helps SSA understand the real-world impact of your inability to use your arm effectively.
How an attorney helps
A disability attorney helps you bridge the gap between your medical records and the specific requirements of Listing 1.23. They ensure your file contains the necessary operative reports and functional assessments that SSA needs to evaluate your claim. By organizing your evidence and preparing your case, an attorney helps you present a clear picture of your limitations to the Social Security Administration, ensuring your work history and medical status are accurately represented.
Frequently asked questions
Yes, a non-healing fracture of the humerus, radius, or ulna may qualify under Listing 1.23 if it remains under active surgical management and prevents you from performing work-related fine and gross movements. You must show these limitations have lasted or will last for at least 12 months. An attorney can help you review your surgical records to see if they meet these specific criteria.
Active surgical management means you are currently undergoing a series of procedures or treatments aimed at restoring the function of your arm. It is not enough to have had a single surgery; your medical records must show a clear, ongoing plan from your surgeon to address the non-healing bone. Documentation of these planned procedures is essential for your claim.
You prove this through a combination of clinical findings from your doctor and your own reports of daily activities. SSA looks for evidence that you cannot lift, carry, reach, or manipulate objects like files or tools. If your medical records lack a detailed functional assessment, an attorney can help you obtain the necessary statements from your medical providers.
If your claim is denied, you have the right to appeal the decision through the reconsideration process and, if necessary, a hearing before an ALJ. You must file your appeal within the specific deadline provided in your denial notice. An attorney can help you identify why your claim was denied and gather additional evidence to strengthen your case for the next stage of the process.



