A non-union fracture alone does not automatically may have access to for SSDI, but it can support your case if the break prevents you from working for at least 12 months

A non-union fracture is a bone break that has not healed after the normal healing time—usually several months or longer. Social Security does not have a straightforward rule that says "non-union fracture equals SSDI." Instead, they look at whether your specific fracture, combined with your age and work history, keeps you from doing any job you have done before or any other job that exists in the economy.

The key question is not whether the fracture is non-union. The key question is whether it will prevent you from working for at least 12 consecutive months. If your doctor says the break will heal within a year, or if you can return to some form of work before then, Social Security will likely deny your claim. If the fracture requires ongoing surgery, leaves you with permanent loss of function, or makes it impossible to use your arm or leg in ways your job demands, you have a stronger case.

Key Takeaways

  • Social Security cares about whether your non-union fracture stops you from working for 12 months or more, not about the fracture itself.
  • You need medical evidence showing the break will not heal in the normal timeframe and what that means for your ability to work.
  • Your age and past work matter: a 55-year-old with a non-union ankle fracture has a better chance than a 35-year-old with the same injury.
  • Ongoing complications like infection, nerve damage, or the need for multiple surgeries strengthen your case significantly.

How Social Security Evaluates a Non-Union Fracture

Social Security uses a step-by-step process to decide whether any condition—including a non-union fracture—prevents you from working. They do not stop at the diagnosis. They ask: Can you do the job you did before? If not, can you do any other job that exists in the U.S. economy?

For a non-union fracture, this means Social Security will look at your medical records to see whether the bone is truly not healing, how long your doctor says recovery will take, and what physical tasks you cannot perform. If you worked as a carpenter and the fracture is in your dominant hand, that matters. If you worked in an office and have limited hand use, that matters differently. The same injury can be disabling for one person and not for another.

Social Security also considers your age, education, and work history. If you are 58 years old, have worked in manual labor your whole life, and a non-union fracture leaves you unable to lift or grip, they are more likely to find you cannot transition to desk work. If you are 32, have a college degree, and can use a computer, they may say you can do other work even if the fracture limits your physical abilities.

Medical Evidence You Will Need

To support a claim involving a non-union fracture, you need specific medical documentation. A straightforward X-ray showing the break is not enough. You need records showing that the fracture has not healed after the expected timeframe, what your doctor has tried to fix it, and what your functional limitations are now.

Gather these documents: imaging studies (X-rays, CT scans, or MRI) taken at different points in time showing the fracture has not closed; your surgeon's or orthopedist's notes explaining why the bone is not healing and what treatment options remain; any surgical reports if you have had operations to try to promote healing; and a detailed statement from your doctor about what physical activities you cannot do—not just "cannot work," but specifically what movements or positions cause pain or are impossible.

Social Security also sends cases to a medical consultant who reviews your records. That consultant will compare your condition to what Social Security calls a "listing"—a set of medical criteria for different conditions. Non-union fractures are not listed as a single condition, but complications from non-union fractures (such as chronic osteomyelitis, or bone infection) may be. If your case matches a listing, approval becomes more straightforward.

When a Non-Union Fracture Strengthens Your Case

Certain situations make it much more likely that Social Security will find your non-union fracture disabling. If the break has led to infection (osteomyelitis), that is a serious complication that can prevent healing and cause ongoing pain and disability. If you have had multiple surgeries and the bone still has not fused, that shows the injury is not responding to standard treatment.

Nerve or blood vessel damage from the fracture also matters. If the break damaged nerves in your arm or leg, you may have chronic pain, weakness, or loss of sensation that makes it hard to work. If blood flow to the bone is compromised, healing becomes much slower or impossible without intervention.

Loss of function is the strongest evidence. If the fracture left you unable to bear weight on a leg, or unable to grip or lift with an arm, and your job requires those abilities, Social Security is more likely to approve your claim. If you have had the fracture for two years and your doctor says it will never fully heal, that also strengthens your position.

When Social Security Is Likely to Deny Your Claim

Social Security denies many non-union fracture claims because the applicant's medical records do not show the injury will prevent work for 12 months. If your doctor says the fracture should heal within a year with continued treatment, or if you are already back at work part-time, Social Security will usually say you are not disabled under their rules.

They will also deny your claim if your medical records do not support the severity you describe. If you say you cannot lift anything, but your treatment notes show you are doing physical therapy exercises that involve lifting, that inconsistency works against you. If you have not followed your doctor's treatment plan—you skipped surgery, stopped physical therapy, or did not take prescribed medication—Social Security may say your condition is not as bad as it could be.

Age also matters. A 40-year-old with a non-union fracture faces a higher bar than a 60-year-old with the same injury. Social Security assumes younger people can retrain for different work, even if their previous job is no longer possible.

What Happens if Your Initial Claim Is Denied

If Social Security denies your claim, you have the right to appeal. The first appeal is called a reconsideration, and it goes to a different examiner who reviews your case from the start. This is a good time to submit new medical evidence—recent imaging, a new statement from your doctor, or records from a specialist you have seen since you first applied.

If reconsideration is also denied, you can request a hearing before an administrative law judge. This is where many non-union fracture cases are won, because you can testify about how the injury affects your daily life, and your doctor can answer questions about your prognosis. Bring your medical records, a list of all the jobs you have held, and a clear explanation of what you cannot do because of the fracture.

You do not have to navigate appeals alone. You can work with a disability advocate or attorney who understands SSDI rules and can help you gather the right medical evidence and present your case effectively.

Frequently Asked Questions

How long does a non-union fracture usually take to heal?

Most fractures heal within 6 to 12 weeks, depending on the bone and the person's age. A non-union fracture is one that has not healed after this normal timeframe. Some take months or years longer, and some never fully heal without surgery. Your doctor can tell you the expected timeline for your specific break.

Does Social Security have a specific listing for non-union fractures?

No, non-union fractures are not listed as a standalone condition. However, complications from non-union fractures—such as bone infection, chronic pain, or permanent loss of function—may meet the criteria for other listings. Social Security evaluates your case based on how the fracture affects your ability to work, not the diagnosis alone.

Can I work part-time while waiting for my SSDI decision?

Yes, you can work part-time. However, if you earn more than the monthly limit (called substantial gainful activity, or SGA), Social Security may say you are not disabled. The limit changes each year. If you earn less than the limit, you can continue working and still pursue your claim.

What if my non-union fracture is in my foot or ankle?

Foot and ankle fractures that do not heal can be disabling because they affect your ability to stand, walk, or balance—things required in most jobs. If you cannot bear weight on the leg, or if walking causes severe pain, you have a stronger case. Social Security will want to see imaging and your doctor's notes about your walking ability.

Should I have surgery to try to fix the non-union fracture before I explore?

That is a medical decision between you and your doctor, not a SSDI strategy. However, if you have not tried standard treatments, Social Security may say your condition is not as severe as it could be. If your doctor recommends surgery and you refuse it, that can hurt your claim. If your doctor says surgery will not help, that supports your case.