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Social Security Today
December 2000 Issue
Changes in Medical Listings for Mental Impairments
9th Circuit Decision Changes Medical-Vocational Guidelines
Hearing Process Improvements Come to Sacramento
Homeless Advocate Joins Our Staff
Changes in Medical Listings for Mental Impairments
The medical listings for mental disorders has been amended in significant ways. There is now a separate listing for autism. Additionally, the "B" criteria for personality disorders and somatoform disorders have been changed so that these listings are met if two of the four functional categories have "marked" restrictions.
The introduction to the listings notes that in cases involving chronic mental disorders, overt symptomatology may be controlled or attentuated by psychosocial factors such as placement in highly structured and supportive settings such as halfway houses and board and care facilities. The new regulations also note that the home may be a supportive setting. As a result of a supportive setting, mental demands may be lowered, resulting in overt symptoms and signs of the underlying mental disorder being minimized.
The side effects of prescribed medications also must be considered, and the regulations state that drugs "used in the treatment of some mental illnesses may cause drowsiness, blunted effect, or other side effects involving other body systems."
Finally, the new regulations state that administrative law judges no longer are required to complete the psychiatric technique review form and attach it to the hearing decision.
9th Circuit Decision Changes Medical-Vocational Guidelines
A recent decision by the 9th Circuit Court of Appeals concluded that a disability applicant with a history of semi-skilled or skilled work, but without transferable skills, must be treated the same as an applicant with a history of unskilled work, for purposes of application of the medical-vocational guidelines. In Silveira v. Apfel 204 F.3d 1257 (2000) the claimant was limited to sedentary work as the result of his medical impairments. Mr. Silveira had a history of semi-skilled and unskilled work, and no transferable skills to sedentary work. The administrative law judge applied medical-vocational rule 201.18 and concluded that Mr. Silveira was not disabled. The Social Security Appeals Council applied rule 201.19, which still directed a conclusion that Mr. Silveira was not disabled. However, the Clourt found that since Mr. Silveira is illiterate in English and his semi-skilled work history with no transferable skills is equivalent to an unskilled work history, Social Security should have applied Rule 201.17, which requires a finding of disability.
Hearing Process Improvements Come to Sacramento
In an attempt to improve the Social Security hearing process, procedures at the Sacramento Office of Hearings and Appeals have been changed. The goal of "hearing process improvement" is to make sure cases are quickly and fairly decided by the administrative law judges.
Disability cases will be assigned to a "processing group" at the Office of Hearings and Appeals for analysis and development before the case is assigned to an administrative law judge. The processing group staff may consist of attorney advisors, paralegal analysts, lead case technicians, etc. Only cases certified as "ready to hear" are submitted to the judge for review. An informal pre-hearing conference may be arranged to narrow the issues at the hearing. Once a case is "ready to hear" assignment is made to an administrative law judge, who can also schedule a pre-hearing conference.
Homeless Advocate Joins Our Staff
We are happy to announce that Jim Kealey, Attorney at Law has joined the law firm of Olson, Hagel, Waters & Fishburn. He is a graduate of Boalt Hall Law School and was an attorney at California Rural Legal assistance and then in private practice before he began his efforts on behalf of the homeless disability applicants. Jim will continue his efforts on behalf of the homeless and will be available at our office at Loaves and Fishes on Monday and Thursday mornings.
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