§ 16-02 Permanent Disabilities Seriously Impairing Mobility.
RCNY § 16-02
For the purposes of Section 2903(a)(15)(a) of the Charter the following conditions constitute permanent disabilities that seriously impair mobility: (a) Complete monoplegia or paraplegia of lower extremities.
(b)Above ankle amputation of lower extremities, at the discretion of the examining physician. Well-fitted below the knee prosthesis with normal ambulatory gait should not routinely be regarded as mobility impaired.
(c)Arthritis of two major weight bearing joints of the lower extremities with clearly substantial X-rays changes and/or MRI changes, such as loss of joint space, severe degenerative changes plus one or more of the following: (1) Objective finding of sizable effusion of joint(s) detected by clinical examination (2) Gross instability or valgus/varus deformities of joint(s) detected by clinical examination (3) Ankylosis or contracture of major joint(s) to such a degree as to preclude stair climbing. Joint replacement does not qualify by itself unless accompanied by one or more of the above criteria.
(d)Severe atrophy of one or both lower extremities (or discrepancy in leg lengths greater than three inches) which clearly and seriously impairs mobility.
(e)Spinal column abnormalities of severe degree with unequivocal motor involvement not amenable to bracing or surgery which would seriously and permanently impair mobility. X-ray evidence of arthritis of the spine with or without pain is insufficient reason for approval. CT Scan, MRI and/or EMG results must be available for review prior to a decision.
(f)Neurological conditions, such as multiple sclerosis, myasthenia gravis, myopathies, Parkinsonism and Alzheimer's Disease, affecting both lower extremities that would seriously impair mobility. Objective documentation (i.e., MRI, EMG, nerve conduction studies, et al.) must be submitted, where appropriate, by the applicant.
(g)Cardiovascular and peripheral vascular disease of severe degree resulting in mobility impairment. Cardiovascular disease must meet ADA Class III or IV criteria; stress test, echocardiogram, Doppler or other diagnostic studies must support evidence of significant pathology and/or disability.
(h)Pulmonary disease with documented evidence of severe obstructive or restrictive disease on pulmonary function testing. Evidence of use of supplemental oxygen for more than twelve hours per day may also be acceptable evidence of impairment.
(i)Renal insufficiency requiring frequent renal dialysis with significant objective finding of neural or hemic abnormalities.
(j)Malignancies of any category that require chemotherapy and/or radiation therapy or other medical interventions which continuously and seriously impair mobility.
(k)Post-Polio syndrome that on examination clearly and seriously impairs mobility.
(l)AIDS related conditions, including peripheral neuropathy, wasting syndrome, dementia, which clearly seriously impair mobility on physical examination.
(m)Mental conditions resulting in mental retardation of a severe nature documented by appropriate psychological evaluation, which permanently and seriously impair mobility.
(n)Congenital diseases of any type that clearly result in permanent serious mobility impairment, including cerebral palsy, spina bifida and Down syndrome.
(o)Any other permanent disability that in the specific circumstances, would seriously impair the mobility of the applicant.
