Social Security's musculoskeletal Listings will become harder to meet this November. As written many of these Listings require that all relevant criteria be present simultaneously or "within a close proximity of time." Because of the Covid-19 pandemic this became hard to prove since access to healthcare, particularly in person health care, became more difficult. In July 2021 Social Security adopted a temporary rule loosening these requirements until "6 months after the effective date of a determination by the Secretary of Health and Human Services under section 319 of the Public Health Service Act, 42 U.S.C. 247d, that the national public health emergency resulting from the COVID-19 pandemic no longer exists." Newspapers are reporting that the President plans to issue an order ending the public health emergency on May 11, 2023. Thus, the Listings will become harder to meet as of Veterans Day in November.
The musculoskeletal Listings have been too hard to meet even with the temporary rule in place suspending some of their worst aspects. They will become even more harsh. They need re-examination.
Follows the usual pattern of Social Security not following its own rules denying cases that clearly meet listings, getting mass remands from Federal Courts, then changing the rules to stack the deck in their favor. Happened with 12.05 and with the muskuloskeletal listings, particularly 1.04 and 1.02.
ReplyDeleteI disagree. Getting disability is a huge expense on the back of workers, it should be very difficult and the bar should be set very high. I am in favor of this.
ReplyDeleteBefore all the hate starts, I am myself what many would consider disabled as a double leg amputee. So yeah, I have a voice here too.
The listings are hard enough already. This is going the wrong direction.
ReplyDeleteOne of the most painful and debilitating systems in our bodies is when our bones/cartilage/disks break down, and the rules are going to get more harsh, I hear. Sounds about right for SSA. I did know they changed the listings, I did not know they were on temporary pause. Who wants to hire someone who has problems standing, walking, or sitting? Also, some of the medications some people are on are pretty intoxicating, preventing driving in some cases. I agree they need a re-examination for what they have changed. They'll have the time, but will they?
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ReplyDelete7.65% tax for social security is not a "huge expense," particularly given that goes to the trust funds generally, not just for disability. Regardless, disability is a very high bar, the listings are meant as a cost-savings measure to award clear claims early in the process as opposed to forcing a disabled person through years of administrative delay, much of which SSA has to pay for in the form of consultative examinations, workhours of administrative personal, etc.
I'll put it this way, should you have to prove you cannot sustain work as a construction worker, or should SSA recognize that your amputations preclude at least work involving a great deal of standing or walking, without forcing you to undergo an examination that they pay a doctor hundreds of dollars to do?
OQR's grace period was over months ago. DDS's has been adjudicating the rules as written basically 6 months after they went into affect. So nothing is really changing. POMS is only as effective as OQR says it is.
ReplyDeleteWe can still med-voc people, and we are. But the changes reflect improvements in prosthetics and durable medical equipment. I have co-workers in wheelchairs that are working and earning above SGA without major huge issues. The listings were outdated. I'm not sure these listing changes are overall that bad.
SSA should recognize that it needs to increase the number of disability claims it can grant using an abbreviated analysis like the listings and the medical-vocational rules. The agency is underfunded and has a huge workload, so decreasing the number of cases it can efficiently approve is a bad idea.
ReplyDeleteWhile there is a compassionate allowance program which helps somewhat, it focuses on rare conditions involving relatively few claims. Tightening requirements on an often-used listing has a greater impact, unfortunately negative.
While the COVID pandemic subsides the impact lingers when it comes to documenting medical conditions. A lot more people now get a significant portion of their medical care remotely by phone and video and that does not look likely to change. You are often not able to get the kind of objective testing the listings require in a phone or video treatment session. A close in time requirement like the one mentioned will result in a lot more legitimate claims falling through the cracks, costing both SSA and disability claimants time and money. Again, a bad idea for an underfunded and overworked agency.
Mr. Double Amputee- I applaud you for working instead of relaxing and living the good life on Social Security. Honestly, who in their right mind would want to live off Social Security? It is no panacea. Years ago a fellow employee brought me up short by saying, "there must be something wrong with them, why would you only want to live on SSI or Social Security?" It is true! Don't be so hard on your fellow humans. Just because you have the wherewithal to earn a living, doesn't mean that everyone else does. In all seriousness, I do admire your work ethic.
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