We must explain whether MI has occurred in any determinations in which MI is considered.
We must compare the severity of the impairment(s) considered at the comparison point
decision (CPD) with the current severity of the same impairment(s), based on comparisons
of symptoms, signs and laboratory findings, to determine if there has been any MI.
When the findings demonstrate there has been MI, explain whether MI is related to
the ability to work.
NOTE: If a listing is met or equaled, adjudicators should not discuss MI in Title II or
Title XVI adult cases.
Current medical evidence shows the disabled individual had full weight-bearing status
at an examination in February 2014. X-rays interpreted at that time showed the fracture
was well healed. A consultative orthopedic examination was secured to obtain needed
range of motion data. The consulting orthopedic surgeon reported the individual had
good range of motion of both lower extremities. He walked with a normal gait and had
no difficulty in getting on and off the examining table. His impairment does not meet
or equal listing severity.
At the CPD the individual was unable to walk without crutches and x-rays did not show
the expected amount of healing. His impairment has decreased in severity since he
is fully weight bearing and an x-ray shows solid union; therefore, MI has occurred.
Since the individual’s condition met a listing at the CPD but no longer meets that
listing, MI is related to the ability to work.