Deep inside a 34-page proposed federal regulation are a few sentences that are causing nightmares for mental health advocacy groups.
The regulation, from the Social Security Administration, could change how people with mental illnesses are evaluated for disability payments.
The angst is over whether standardized testing will be required to determine such payments. The proposed regulation is not clear on that controversial subject. At one point is says standardized tests will not be required but then goes into detail on how the exams would be used to determine a person's fitness for work.
The confusion over the wording — and fears that it will be interpreted to require testing — has advocates by the hundreds calling in comments to the Social Security Administration, which will accept them until Wednesday....
"We don't have good tests for this, and the way they are describing how the tests would be used suggests the goal and likely effect is to dramatically reduce the number of people who are eligible for disability," said Mark Heyrman of the Mental Health Summit, a Chicago-based advocacy group. ...
Tom Yates, an attorney with Chicago's Health and Disability Advocates, has a benign interpretation of the proposed rules. He thinks Social Security wants only to clarify its expectations for the few times a standardized test might be used in a mental illness disability claim.
For the record, I have only mild concerns about this aspect of the proposal. In my mind there is a more serious problem that has to do with substituting the word "and" for the word "or." I will write more about this in the near future.
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