New Mexico Social Security cases involving arthritis and limited ability to walk
Claimants with arthritis and joint problems frequently seek help at my Albuquerque Social Security law firm. One way a New Mexico Social Security attorney can build a case for you if you have arthritis or joint dysfunction is to prove you cannot “ambulate effectively.” A person who cannot “ambulate effectively” will be disabled under Social Security Administration regulations know as the musculoskeletal listings.
Inability to ambulate effectively
According to these Social Security regulations, inability to ambulate effectively means an extreme limitation of the ability to walk. That is, an impairment that interferes very seriously with your ability to independently initiate, sustain, or complete activities.
Ineffective ambulation is defined generally as having insufficient functioning of your legs to permit you to walk without the use of a hand-held assistive device that limits the functioning of both arms.
To ambulate effectively, according to the Social Security Administration, you must (1) be capable of sustaining a reasonable walking pace over a sufficient distance to be able to carry out activities of daily living, and (2) have the ability to travel without companion assistance to and from a place of employment or school.
Examples of ineffective ambulation include, but are not limited to:
- The inability to walk without the use of a walker, two crutches or two canes,
- The inability to walk a block at a reasonable pace on rough or uneven surfaces,
- The inability to use standard public transportation,
- The inability to carry out routine ambulatory activities, such as shopping and banking, and
- The inability to climb a few steps at a reasonable pace with the use of a single hand rail.
Just because you can walk independently about your home without the use of assistive devices does not mean you can ambulate effectively.
This regulation seems to say that you must need a walker or two canes before the Social Security Administration will decide that you cannot ambulate effectively. But that is not true. The Social Security Administration recognizes that “individuals with extreme inability to ambulate do not necessarily use assistive devices. Furthermore, we recognize that an individual who uses a cane may be disabled.” 66 Fed. Reg. 58026-58027 (2001).
As part of a training program on the musculoskeletal Listings, the Social Security Administration’s Office of Disability issued a series of questions and answers. One question was:
“Can there be situations where there is ineffective ambulation that meets Listing §1.02A when only one extremity is involved and only one cane or crutch is used?”
Answer: “The use of a cane(s) or crutch(es) is not a requirement to meet this listing …. It is important to remember that it is the medical inability to ambulate effectively, not the use of an assistive device(s), that establishes listing level severity. Therefore, when the listing criteria are met, a claimant’s impairment can meet §1.02A even if he or she is not using any assistive device.”
The real test is “Can you walk a block at a reasonable pace on rough or uneven surfaces?” If the answer is no, you are likely disabled under the musculoskeletal listings.
As an Albuquerque Social Security attorney, I will investigate all possibilities
When I accept a New Mexico Social Security disability case, I explore all factors, including any limitations you may have in standing, walking, or sitting, whether the claim is due to arthritis or some other health problem.
If you would like me to evaluate your New Mexico Social Security disability claim, use the contact information below or the evaluation form to your right.
More information on arthritis and joint problems is available on my website.
Michelle Baca
New Mexico Disability Attorney
E-mail me
Phone: 505-872-1144
Toll-free: 1-877-772-1144
Fax: 505-872-1155
6301 Indian School Road NE
Suite 614
Albuquerque, New Mexico 87110
