To my surprise, Social Security has published new mental impairment Listings as final rules. I wasn't expecting them until after the election because that's what they said they planned to do. These are not effective until January. I'll post excerpts from them as I have time.
Here are the new intellectual disability Listings:
Here are the new intellectual disability Listings:
12.05 Intellectual disorder(see 12.00B4), satisfied by A or B:A. Satisfied by 1, 2, and 3 (see 12.00H):1. Significantly subaverage general intellectual functioning evident in your cognitive inability to function at a level required to participate in standardized testing of intellectual functioning; and2. Significant deficits in adaptive functioning currently manifested by your dependence upon others for personal needs (for example, toileting, eating, dressing, or bathing); and3. The evidence about your current intellectual and adaptive functioning and about the history of your disorder demonstrates or supports the conclusion that the disorder began prior to your attainment of age 22.B. Satisfied by 1, 2, and 3 (see 12.00H):1. Significantly subaverage general intellectual functioning evidenced by a or b:a. A full scale (or comparable) IQ score of 70 or below on an individually administered standardized test of general intelligence;orb. A full scale (or comparable) IQ score of 71-75 accompanied by a verbal or performance IQ score (or comparable part score) of 70 or below on an individually administered standardized test of general intelligence; and2. Significant deficits in adaptive functioning currently manifested by extreme limitation of one, or marked limitation of two, of the following areas of mental functioning:a. Understand,remember, or apply information (see 12.00E1); orb. Interact with others (see 12.00E2); orc. Concentrate, persist, or maintain pace (see 12.00E3); ord. Adapt or manage oneself (see 12.00E4); and3. The evidence about your current intellectual and adaptive functioning and about the history of your disorder demonstrates or supports the conclusion that the disorder began prior to your attainment of age 22.
6 comments:
New language from listing 12.00(C)(2):
"...other medical sources, which include health care providers such as physician assistants, psychiatric nurse practitioners, licensed clinical social workers, and clinical mental health counselors"
Wasn't there just publication of SSA making physician assistants acceptable sources, and leaning towards making nurse practitioners acceptable sources?
This will put a lot more people on disability for intellectual disorder
No it won't. The current listing leads to far too many grants when it should go to step 5.
One big problem with the old listing was that "deficits in adaptive function" was not sufficiently defined, and adjudicators were all over the place on how they interpreted that requirement.
to answer 10:48, by far most of 12.05 allowances under the old listing was 12.05C - you just need ID + one other severe impairment. the new listing eliminates that. to meet 12.05 now, the ID must stand on its own.
A valid FS IQ between 60 and 70 will automatically be allowed rather than requiring an additional impairment. Way more people have an IQ in this range than have one 59 or under. In addition, the new Listing makes it easier to assume that the person had this level of IQ prior to age 22. Also, most IQs that have been suspected to be invalid in the past were in the 50s or below. It is difficult to say that an IQ 63 to 73 is not valid because such people are able to drive, read at the 4th grade level, learn semiskilled work or even above with training.
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