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Mental Impairment Listings Now In Effect

January 31, 2017

The Social Security Administration’s (SSA) new Mental Impairment Listings went into effect on January 17, 2017.  As we told you in the October 2016 Disability Law News, the revised Listings will be applied at all levels of administrative adjudication on the effective date.  This means the new rules will be used by the Division of Disability Determination (DDD) at the initial determination level, the Administrative Law Judge (ALJ) at the hearing level, and the Appeals Council at the appeal level.  Federal courts will be expected to review appeals under the rules in effect when the decisions were rendered.  A court remand, however, will be governed by the new rules. https://www.federalregister.gov/documents/2016/09/26/2016-22908/revised-medical-criteria-for-evaluating-mental-disorders.

We are curious as to what training decision makers at each level have received on the new Listings, and are trying to get that information.  In the meantime, please let us know what you are seeing in your decisions on these cases.

How will the new listings affect disability recipients who were allowed with the old listings, (especially the now extinct 12.05(c)) on Continuing Disability Reviews (CDRs)?  According to the current POMS, SSA will look at the old listing to determine medical improvement.  If a claimant still meets an old listing, disability continues.  https://secure.ssa.gov/poms.nsf/lnx/0428015050. Thanks to Anthony Baer of LASNNY, who asked and answered the question.

The Empire Justice Center has conducted a series of trainings on the new Mental Impairments Listings.  If you missed one of the presentations, contact Kate or Louise for the materials, or visit http://www.empirejustice.org/issue-areas/disability-benefits/rules--regulations/new-mental-impairment-listing.html#.WIojpcsiy70.  And please be sure to let us know how you and your clients are faring under these new rules.

 





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