Musculoskeletal System Disorder

Massachusetts Social Security Disability (SSD) Benefits Attorneys

The Massachusetts disability lawyers at Kantrovitz & Associates help workers obtain compensation and SSDI benefits based on musculoskeletal system disorders. Our Boston office is dedicated to serving employees injured at work or out of work due to back, joint, and other health problems. We seek to maximize awards for incapacitated workers in communities including, but not limited to, Boston, Essex County, Plymouth County, Middlesex County, Suffolk, County, Norfolk County, and the Merrimack River area.

Adult Musculoskeletal System Disorders

Eligibility for listed disabilities is set forth in Section 1614 of the federal Social Security Act (the “Act”). The Act is codified at 42 U.S.C. § 1382c, and applies to the state through Massachusetts’ General Laws. Section 1.00 and subsequent sections of the Act cover disability evaluation for musculoskeletal system disorders (MSD), a disability “listed” in the “blue book” used by the Social Security Administration. Listed disorders that meet the manual’s medical criteria generally qualify for benefits. MSD requirements are broken down by sections:

  • 1.01 Categories of musculoskeletal impairments
  • 1.02 Major dysfunction of joint regardless of cause
  • 1.03 Reconstructive surgery of weight-bearing joint
  • 1.04 and 1.05 Spinal disorders; any kind of amputation
  • 1.06 Fractures of femur, tibia, pelvis, tarsal or foot bones
  • 1.07 Fractures, broken bones in the upper torso/extremities
  • 1.08 Soft tissue injuries such as burns, requiring medical care

MSDs may be inherited, congenital, or acquired through disease. Impairments may also be caused by infections, inflammatory, or traumatic events. Disorders that affect the heart, vascular system, kidneys, or metabolism have also been known to result in MSDs. Under Section 1.00, MSD is defined by lost function in a major body system, requiring prolonged periods of immobility or convalescence. Neurologic and arthritic conditions are assessed by Social Security examiners under Sections 14.09 and 11.00ff of the Act.

Determination of Lost Function

The Administration defines loss of function caused by MSD as the “inability to ambulate” or move around effectively on a “sustained basis” for any reason, including pain. The impairment must last for at least 12 months to qualify for benefits under Section 12.00ff of the Act, and prevent the patient from engaging in activities listed in Section 1.00B2b(2) of the Act. The sustained loss of effective ambulation is characterized by:

  • Inability to perform “fine and gross” movements
  • Extreme limitation of ability to walk independently
  • Activities require the assistance of hand-held device
    • Orthotics, prosthesis, continuing surgical procedures
  • Relevant diagnosis, evaluation and detailed description of:
    • Range of motion in joints, muscles, reflex, and senses
    • Laboratory findings, including X-rays, MRIs, CAT scans
    • Documentation of medically prescribed treatment of MSD

Dysfunction in any joint may be characterized by deformities, chronic pain or stiffness, and abnormal movement. Weight-bearing joints that require surgical reconstruction and any spinal disorder compromising motor function are qualifying MSDs. Lost function in the extremities caused by amputation, fractured joints, or burns may likewise result in medical loss of function for the required 12 months, making the patient eligible for SSDI benefits under the Act.

SSDI Benefits for Listed MSDs

If you suffer from a musculoskeletal issue that affects your ability to work or carry out routine activities, the Massachusetts social security disability attorneys of Kantrovitz & Associates can help. We have over 25 years of experience demonstrating eligibility for benefits based on documented motor loss, chronic pain, or the inability to move around freely. Whether your MSD involves broken or fractured bones, post-surgical infections, or a congenital abnormality, our lawyers are dedicated to expediting the recovery process and maximizing your compensation. Call (800) 367-0871 today for a free consultation or contact us online.