Orthopedic Listing Interpretation Change Upcoming

      During the pandemic Social Security made the criteria for approval of a disability claim based upon some orthopedic conditions less onerous. Regulations adopted just before Joe Biden took office had required certain medical evidence within “a close proximity of time.” The Biden Administration interpreted the phrase in a less demanding way because of the difficulties that people had obtaining medical care during the pandemic. I think there was also a realization that the Trump Administration Listings were just too difficult to meet with or without a pandemic. This temporary change was later extended until May of this year but late in the Biden Administration it was extended until 2029.

     Social Security has now issued an Emergency Message saying that while the extension to 2029 remains in effect  “the agency will be revisiting its policy before then.”

     The moral of this story is that if a new Administration doesn’t like a regulation adopted during a prior Administration, it should change the regulation. Don’t just play games with how you interpret it. The Trump Administration would have far more trouble dealing with an actual change in a Listing than with a mere interpretation. The Listings should have been changed in other ways as well. It remains just too tough to meet. It’s the same problem as the changes in the treatment of overpayments introduced by Commmissioner O’Malley.  It took no effort for a shambling joke of an Acting Commissioner to reverse O’Malley’s changes even though what O’Malley had done was popular with Republicans as well as Democrats.