DAY 3 AT THE SOCIAL SECURITY REPRESENTATIVES CONFERENCE A NEW LISTING FOR POST TRAUMATIC STRESS DISORDER

If you are SUFFERING FROM POST TRAUMATIC STRESS DISORDER,, whether due to an automobile accident, a workers’ compensation injury or a sexual or abusive relationship, at present, PTSD is evaluated under the rules for Anxiety.

THERE ARE NEW RULES THAT WILL USED STARTING JANUARY 17, 2017, THAT SPECIFICALLY RECOGNIZES PTSD AS A SEPARATE CONDITION.

HOWEVER, SSA IS ADOPTING TOTALLY NEW TERMINOLOGY TO CONSIDER WHETHER YOU ARE DISABLED AS A RESULT OF PTSD.

IT IS NOT CLEAR IF JUDGES ARE AWARE OF HOW TO INTERPRET THESE NEW RUES.  IT IS CLEAR THAT PSYCHOLOGISTS, PSYCHIATRISTS AND MOST ATTORNEYS ARE NOT AWARE OF THESE CHANGES.  It is also clear that the SSA FORMS for a review of a psychiatric case HAVE NOT BEEN CREATED YET for the new Rules.

HERE IS THE NEW REGULATION, EFFECTIVE 1/17/2017, AS PRINTED IN THE FEDERAL REGISTER,

https://www.gpo.gov/fdsys/pkg/FR-2016-09-26/html/2016-22908.htm

12.15 Trauma- and stressor-related disorders (see 12.00B11), satisfied by A and B, or A and C: A. Medical documentation of all of the following:

1. Exposure to actual or threatened death, serious injury, or violence;
2. Subsequent involuntary re-experiencing of the traumatic event (for example, intrusive memories, dreams, or flashbacks);
3. Avoidance of external reminders of the event;
4. Disturbance in mood and behavior; and
5. Increases in arousal and reactivity (for example, exaggerated startle response, sleep disturbance).

AND

12. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):
13. Understand, remember, or apply information (see 12.00E1).
14. Interact with others (see 12.00E2).
15. Concentrate, persist, or maintain pace (see 12.00E3).
16. Adapt or manage oneself (see 12.00E4).

OR

1. Your mental disorder in this listing category is ‘‘serious and persistent;’’ that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both:
2. Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder (see 12.00G2b); and
3. Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life (see 12.00G2c)