In response to an overwhelming number of comments - many from you - objecting to the proposed use of standardized tests in the proposed revisions to Mental Impairment Listings, the Social Security Administration (SSA) has taken the highly unusual step of asking again for comments on that specific issue. These additional comments are due by December 9, 2010.
For more information on the original proposal, see the Bazelon Center’s earlier Alert, comments to SSA and suggested text for others to send letters to the agency. If you are interested in writing again on this issue, please see the additional information below.
SSA’s Reaction to the Comments
SSA’s new notice re-opening comment on this issue appeared in the Federal Register on November 24. In it, the agency justifies its proposed reference of standardized tests, and does not propose to change it. The primary justification given is that similar language has been included in another part of the Listings – the criteria for a step in measuring a child’s disability (no similar step exists for adults) – called the “functional equivalence rule.” However, experts insist there are no appropriate and validated tests.
The agency also clarifies an important point – no one who is currently receiving disability benefits will lose those benefits as a result of the new proposed rule. The new rule would apply only to new applicants.
Submitting a Second Round of Comments to the SSA
The Bazelon Center is submitting a short comment letter in response to this new notice from SSA. Readers who would like to do the same are urged to tell SSA:
- Nothing in the explanation provided by the agency alters the fundamental problem that there are no suitable tests to measure the functional criteria that SSA needs to measure.
- SSA should delete references to standardized tests in those sections of the regulations.
- Continuing to include a reference to tests could encourage disability adjudicators to use the results of inappropriate tests (designed only for clinical purposes) and deny eligibility based on those results.
What You Can Do:
In your comments, refer to the Notice of Proposed Rulemaking published on November 24 regarding the Medical Criteria for Evaluating Mental Disorders. To submit a comment you may use:
- Internet: The agency encourages this form of submission. Visit http://www.regulations.gov and use the search function to find docket number SSA-2007-0101.
- Fax: to 410/966-2830 (be sure to include the docket number on your comment letter—SSA-2007-0101)
- Mail: Office of Regulations, Social Security Administration, 107 Altmeyer Bldg, 6401 Security Blvd., Baltimore, MD 21235-6401 (be sure to include the docket number on your comment letter—SSA-2007-0101).
Comments must be submitted so as to be received by SSA no later than December 9, 2010.