[Stricter evaluation: the end of the WAO? (Disability Insurance Act)].
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These amendments revise the medical evaluation criteria for mental disorders for the disability programs in title II and title XVI of the Social Security Act. No revisions have been made to these criteria since 1979. The revisions reflect advances in medical treatment and in methods of evaluating certain mental impairments, and will provide up-to-date medical criteria for use in the evaluation of disability claims based on mental disorders. The regulations are mandated by section 5 of Pub. L. 98-460.
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Section 8 of the Social Security Disability Benefits Reform Act of 1984, Pub. L. 98-460, requires that we make every reasonable effort to have a qualified psychiatrist or psychologist complete the medical portion of the case review and any residual functional capacity (RFC) assessment in unfavorable initial determinations in mental impairment cases. This provision is effective for initial disability determinations made on or after December 9, 1984. As a result of this new provision of the law, we are adding this requirement to the Social Security Administration (SSA) regulations and also explaining in these regulations the qualifications necessary to be considered a qualified psychologist and what we will consider as every reasonable effort to obtain the services of a qualified psychiatrist or psychologist.
These proposed amendments revise the medical evaluation criteria for mental disorders for the disability program in title II and title XVI of the Social Security Act. No substantial revisions have been made to these criteria since 1979. The proposed revisions reflect advances in medical treatment and in methods of evaluating certain mental impairments, and will provide up-to-date medical criteria for use in the evaluation of disability claims based on mental disorders.
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The Social Security Administration (SSA) is proposing to amend its regulations to implement section 505 of the Social Security Disability Amendments of 1980 (Pub. L. 96-265). That section requires the Secretary to conduct experiments and demonstration projects to test alternative conditions and limitations for stimulating the return to work of disabled title II beneficiaries and to otherwise improve the administration of the title II disability program. To the extent necessary to thoroughly evaluate these alternative methods, the Secretary may waive compliance with benefit requirements under titles II and XVIII of the Social Security Act. Section 505 also authorizes the Secretary to waive or add to the requirements, conditions, or limitations in title XVI of the Act to the extent necessary to conduct experimental, pilot, and demonstration projects which are likely to promote the objective or improve the administration of the SSI program.
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