From Social Security's new mental impairment Listings effective January 17, 2017:
12.04 Depressive, bipolar and related disorders (see 12.00B3), satisfied by A and B, or A and C:
A. Medical documentation of the requirements of paragraph 1 or 2:
1. Depressive disorder, characterized by five or more of the following:
a. Depressed mood;
b. Diminished interest in almost all activities;
c. Appetite disturbance with change in weight;
d. Sleep disturbance;
e. Observable psychomotor agitation or retardation;
f. Decreased energy
g. Feelings of guilt or worthlessness;
h. Difficulty concentrating or thinking; or
i. Thoughts of death or suicide.
2. Bipolar disorder, characterized by three or more of the following:
a. Pressured speech;
b. Flight of ideas;
c. Inflated self-esteem;
d. Decreased need for sleep;
e. Distractibility;
f. Involvement in activities that have a high probability of painful consequences that are not recognized;
or
g . Increase in goal-directed activity or psychomotor agitation
AND
B. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):
1. Understand, remember, or apply information (see 12.00E1).
2. Interact with others (see 12.00E2).
3. Concentrate, persist, or maintain pace (see 12.00E3).
4. Adapt or manage oneself (see 12.00E4).
OR
C. Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both:
1. Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder (see 12.00G2b); and
2. Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life (see 12.00G2c) .
7 comments:
Well where are all the "SSA just wants to deny everybody" conspiracy theorists now? 12.04 now has loopholes big enough to drive a Mack truck through. All you need are 3-5 quite common symptoms, 2 years of meds, and someone to say you couldn't handle any more stress than you already have. Half of the *working* world meets this listing now.
Half of the working world have been on mental health meds?
Hmm, the language alone will probably allow ALJs to still say medications are not enough.
They'll still deny. But it'll be something to work with in federal court.
Yes...takes nothing more than requesting meds to get them...sad.
12.04 C2... How is that Mack truck any different then before? Maybe it is, just asking.
I don't see how SSA gave away the farm on the C criteria. As a practical matter someone like that clearly can't work. You'll need more than just someone saying they can't handle more stress to meet that requirement. Claimants will still have to produce supportive medical opinions supported by facts to show they really are living in a shell and if they come out of it they cannot adequately function.
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