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What is the Listing of Impairments that the Social Security Administration uses in determining whether an individual is disabled?
That is a good question which requires more space to answer than I am allotted. In short, The Listing of Impairments is exactly that, a listing of impairments that the Social Security Administration (SSA) has recognized that are sufficient for a person to be found “disabled” if the individual suffers from that particular listed impairment and meets the durational and severity requirements stated in the listing. The Listing of Impairments range from mental impairments like anxiety and depression to physical impairments such as epilepsy and skin disorders. Each listing of impairment is basically a checklist pertaining to a particular type of impairment. If an individual meets the listing requirements, then social security rules require the SSA find the individual “disabled” and, therefore, entitled to benefits.
For example, assume that Joe suffers from major depression. The SSA recognizes depression in its Listing of Impairments 12.04 Affective Disorders. To meet the listing, an individual’s depression must meet both the Part A and B criteria, or can meet the Part C criteria.
Listing 12.04 states that an individual that suffers from depression (or elation (mania)) meets the Part A criteria if the individual’s depression is such that it causes a pervasive loss of interest in almost all activities; appetite disturbance with change in weight; sleep disturbance; decreased energy; feelings of guilt or worthlessness; difficulty concentration or thinking; thoughts of suicide; or hallucinations, delusions or paranoid thinking. If the individual suffers from at least four (4) of the preceding symptoms, the individual meets the Part A requirement for the Listing of Impairment 12.04 Affective Disorders. Thus, if Joe’s depression is such that he suffers from at least 4 of the preceding symptoms, he meets the Part A criteria for Depression, but still must meet the Part B criteria to be found disabled under Listing, 12.04 for depression.
To meet the Part B criteria the individual’s depression must be such that it causes at least two of the following: (1) marked restrictions in activities of daily living; (2) marked difficulties in maintaining social functioning; (3) marked difficulties in maintaining concentration, persistence, or pace; or (4) repeated episodes of decompensation, each of extended duration. Thus, if Joe’s depression causes marked restrictions on his daily living and marked limitations on his ability to maintain social functioning, he meets the Part B criteria since he meets at least two of the Part B criteria. We’ll assume that Joe’s depression is severe enough that he does meet the Part A and B criteria. Since Joe’s depression meets the Part A and Part B criteria, under the Listing of Impairments 12.04 Affective Disorders, Joe must be found “disabled” under SSA rules. Thus Joe is entitled to social security benefits.
Note that individuals who suffer from depression that is not severe enough to meet the Listing of Impairment 12.04 may still be found “disabled” if they have other severe impairments that, in the aggregate, severely limits their ability to engage in work activities. Therefore, you should not be discouraged from filing for social security benefits if you suffer from numerous impairments that alone do not meet a listing in the Listing of Impairments. If you are disabled, and unable to work due to a physical or mental impairment or combination of impairments, you should contact an attorney who practices SSA law with your questions regarding Social Security’s SSD and SSI programs. You may be entitled to benefits!
Should you have any questions regarding social security benefits, or if you would like to consult with an attorney, please contact our office. Thank you.