Social Security has rewritten the listings for neurological disorders effective September 29, 2016.

The revised introduction to Listing Section 11.00 includes criteria for how to establish “disorganization of motor function” and how to evaluate those criteria.  If Social Security does not find a person disabled on this basis alone but finds marked limitation in physical function and any one of four areas of mental function, it will find no residual functional capacity for work.

Some of the highlights of the changes are: epilepsy is combined into revised and expanded Listing 11.03, the IQ factor for cerebral palsy in Listing 11.07 is removed, listing 11.09 for Multiple Sclerosis now includes marked limitation in physical functioning in addition to mental functioning, listing 11.20 for coma or persistent vegetative state persisting for at least one month is added, and listing 11.22 for motor neuron disorders other than ALS is added.

The children’s listings are rearranged to more closely parallel the adult listings. Listing 111.06 for motor dysfunction is removed.

Revised Medical Criteria for Evaluating Neurological Disorders, 81 Fed. Reg. 43048 (July 1, 2016).

Social Security has substantially changed the mental impairment listings effective January 17, 2017.  The revisions add three new listed impairments: neurodevelopmental disorders (includes learning disabilities) (new Listing 12.11), eating disorders (new listing 12.13), and trauma- and stressor-related disorders (including PTSD) (new listing 12.15).  The revisions also substantially rewrite the listing for Intellectual Disability (listing 12.05).  Revisions to the children’s listings mirror changes to the adult listings.

The revisions change the “B” criteria.  The new “B” criteria are: Understand, Remember or Apply Information; Interact with Others; Concentrate, Persist or Maintain Pace and Adapt or Manage Oneself.  The revisions add multiple factors to consider for each of the new “B” criteria.

The revisions also require considering homelessness as a factor in difficulty to produce medical evidence.

Revised Medical Criteria for Evaluating Mental Disorders, 81 Fed. Reg. 66138 (September 26, 2016).

Social Security has finalized new regulations that change its hearing process.  These are important changes because they change the deadlines and time frames for Social Security hearings.  Three key changes in the process are:

1. Social Security will now give at least 75 days notice of the hearing date.

2. Claimants and claimant’s representatives must now submit evidence, hearing briefs and objections to issues at least five business days prior to the hearing. For evidence that the Claimant has not yet received, the Claimant or claimant’s representative must inform about that evidence.  Exceptions to the five business day rule include disability that prevents the Claimant from submitting evidence and “other unusual, unexpected or unavoidable circumstances” which expressly includes actively and diligently seeking evidence but the evidence was not received 5 business days before the hearing.

3. When seeking Appeals Council review, any new evidence must be submitted to the Appeal Council with the Request for Review. The Appeals Council will only consider new evidence under limited circumstances, including disability that prevents the Claimant from submitting evidence and “other unusual, unexpected or unavoidable circumstances” which expressly includes actively and diligently seeking evidence but the evidence was not received 5 business days before the hearing.

Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process, 81 Fed. Reg. 90987 (December 16, 2016).