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Neurological Disorder Listings Corrected

October 31, 2017

SSA announced a minor correction to section 11.00H.4. in the preamble of the Listing on Neurological Disorders. This Listing was last amended a year ago, effective September 29, 2016. 82 Fed. Reg. 39664 (August 22, 2017).
https://www.gpo.gov/fdsys/pkg/FR-2017-08-22/pdf/2017-17724.pdf
 
11.00.H.4. relates to defining the frequency-of-seizure criteria in Listing 11.02.  The first two sentences of preamble section 11.00.H.4. initially stated, “4. Counting seizures. The period specified in 11.02A, B, or C cannot begin earlier than one month after you began prescribed treatment. The required number of seizures must occur within the period we are considering in connection with your application or continuing disability review. . . .” The correction merely changes that first sentence to add 11.02D, dyscognitive seizures occurring at least once every 2 weeks, to sections A, B and C in the list.

There is no parallel provision in the childhood disability Listing.

This change is termed a “correction” of an inadvertent error, and is effective immediately.  There is no express guidance in this announcement as to how the change affects cases adjudicated under the incorrect provision; presumably, they are very few and would be controlled by SSA’s customary reopening regulations.

 





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