For your information, feel free to forward.
Beth T. the OT
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From: phys-sis Listmanager [mailto:[log in to unmask]]
Sent: Wednesday, June 08, 2005 4:02 PM
To: Recipients of 'phys-sis' suppressed
Subject: Request for Comments on SSA Disability Listings
From: "Leslie Jackson " <[log in to unmask] >
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I apologize for the last minute notice, but wanted to make sure you all knew
about an effort by the Social Security Administration (SSA) to revise some
of it's impairment listings for determining disability for Social Security
and SSI. The Listing is a very important part of the disability
determination process because if a person can establish that his/her
condition meets the requirements of a listed impairment (and the person is
not working and earning over $830 per month in 2005), SSA will find the
person eligible for benefits. Others whose conditions are found not to meet
the listing are not denied at that stage but instead have to go on to prove
that their condition is medically equivalent to the listed impairment or
that, even though they don't meet or equal the listing, based on their age,
education and work experience, their medical condition(s) makes it
impossible for them to engage in substantial gainful activity.
SSA is in the process of reviewing and updating the various listings. This
process of issuing advanced notices of proposed rulemaking is relatively new
to SSA - it gives the public a chance to weigh in about concerns with
specific listings before SSA staff issue the notice of proposed rulemaking.
It is important to take these notices seriously and to see them as an
important opportunity to inform SSA about concerns with a particular listing
and whether it currently works, where the problems are, and to answer other
questions SSA asks in the notices.
In each case, both ADULT and CHILD listings are under review. Each notice
is impairment-specific and comments from medical experts and consumers will
be very important. The notices cover the following four areas:
1. Neurological impairments
(http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.go
v/2005/pdf/05-7357.pdf) - Listing sections 11.00 and 111.00 (In addition to
general questions, there is a specific question about criteria SSA should
use to define disabling epilepsy at the listing level; there also is a
question about whether the neurological listings "should continue to include
functional criteria that consider all aspects of listed neurological
impairments such as motor and sensory deficits, cognitive/behavioral
abnormalities, speech/language limitations, and vision/hearing losses." And,
there is specific reference to a publication on criteria for determining
disability related to multiple sclerosis.)
2. Language and speech disorders
(http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.go
v/2005/pdf/05-7356.pdf) - Here, SSA is asking whether they should create a
new body system in the listings that covers language and speech disorders.
3. Respiratory impairments
(http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.go
v/2005/pdf/05-7358.pdf) - Listing sections 3.00 and 103.00 (In addition to
general questions, there are specific questions about criteria that SSA may
want to incorporate to define disabling asthma at the listing level and also
disabling bronchopulmonary dysplasia (BDP) at the listing level.)
4. Hearing impairments and disturbance of labyrinthine-vestibular function
(http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.go
v/2005/pdf/05-7355.pdf)- Listing sections 2.00 and 102.00 (Here, SSA asks
whether they should continue to have these listings and, if so, whether
changes are needed. Also, are there criteria that are not included now but
should be? SSA asks whether there should be separate criteria for
individuals who have had cochlear implants? Should there be a listing for
disturbance of labyrinthine-vestibular function in children?)
In addition, for each of these four notices there are questions related to
how SSA could better help people with these specific impairments who want to
return to work or remain working.
What information is SSA looking for?
In each of the advanced notice of proposed rule making (ANPRM), SSA is
seeking views on how the current listing is working, whether changes are
needed, and, if so, what changes are proposed and why. In addition to the
focus on the specific listing in each of the advanced notices, SSA is for
information that goes beyond the listing, seeking information and
recommendations about how Social Security and SSI could be better designed
to help people with the specific impairment who would like to return to work
or remain in their jobs. SSA asks how their regulations (and the statute,
should the commenter want to suggest statutory changes) affect people with
the impairment who would like to work, full-time or part-time, with
supports.
You can post your comment on SSA's website at
http://policy.ssa.gov/pnpublic.nsf/LawsRegs. Click on the section on notices
that are open for comment. The list of notices will come up. Click on the
relevant notice. When you get to the page with the relevant notice, at the
very bottom on the left, there is a little triangle - if you click on it, it
will point down and you can then view below it any comments that have been
filed. On the same page, there is a place to click to submit your comment
as well.
Don't worry if you can not respond to this advanced notice - there will be
another opportunity for comment when SSA issues its proposed rules. AOTA
will let you know when the proposed rules have been published.
Leslie Jackson
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