Title II) and the supplemental security income program (Title XVI). Title II provides benefits to individuals who are insured under the Act by virtue of their contributions to the Social Security trust fund through tax on their earnings. Title XVI provides payments to individuals who are disabled and have limited income and resources.The Social Security Administration administers two programs that provide benefits based on disability: the Social Security disability program (
What follows is a linked outline to legal resources organized under the Office of Hearings and Appeals five-step sequential evaluation process for reviewing social security disability claims, as set out in
20 CFR 404.1520. The rules under Title II and XVI are identical in most cases, so only Title II rules are linked below.1. Substantial Gainful Activity
2. Severe Impairment
3. Meets or Equals a Listing
3.5. Residual Functional Capacity
4. Past Relevant Work
5. Other Work
Continuing or Stopping Disability or Blindness
Medicare Part A - Disability Beneficiaries
20 CFR 406.12 Individual under age 65 who is entitled to social security or railroad retirement disability benefits (25-month requirement; deemed retroactive entitlement; duration; SGA).
SSR TABLE RELATED TO PARTICULAR LIMITATIONS
|
Activity |
RFC |
SSR |
|
|
Amputation |
Medium |
83-12 |
Cannot be performed with an above-elbow amputation |
|
Amputation |
Heavy |
83-12 |
Cannot be performed with an above-elbow amputation |
|
Arm |
Medium |
83-12 |
Cannot be performed with an above-elbow amputation |
|
Arm |
Heavy |
83-12 |
Cannot be performed with an above-elbow amputation |
|
Arms |
Sedentary |
83-12 |
Sedentary work cannot be performed by one who has lost use of an upper extremity since most unskilled, sedentary jobs require good use of hands and fingers |
|
Arms |
Sedentary |
83-10 |
Most unskilled, sedentary jobs require good use of hands and fingers for repetitive hand-finger actions |
|
Arms |
Light |
83-10 |
Requires use of arms and hands to grasp, hold and turn objects and generally does not require use of the fingers for fine activities to the extent required in sedentary work |
|
Arms |
Medium |
83-10 |
Use of the arms and hands is necessary to grasp, hold and turn objects as opposed to finer activities in much sedentary work |
|
Arms |
All |
83-14 |
The claimant must have certain use of the arms and head to grasp, hold, turn, raise and lower objects |
|
Assistive Devices |
Sedentary |
96-9p |
If a medically required hand-held assistive device is needed only for prolonged ambulation, walking on uneven terrain, or ascending or descending slopes, the unskilled sedentary occupational base will not be ordinarily significantly eroded |
|
Balancing |
Sedentary |
96-9p |
Postural limitations or restrictions related to climbing ladders, ropes or scaffolds, balancing, kneeling, crouching or crawling would not usually erode the occupational base for a full range of sedentary unskilled work significantly because those activities are not usually required in sedentary work |
|
Balancing |
All |
85-15 |
"Some" limitations in climbing and balancing are not significant |
|
Bending |
Sedentary |
83-14, 85-15 |
Stooping, crouching and bending required occasionally at most |
|
Bending |
Light |
83-14, 85-15 |
Stooping and bending are required occasionally |
|
Bending |
Medium |
85-15 |
Stooping, crouching and bending are required frequently |
|
Bending |
Heavy |
85-15 |
Stooping, crouching and bending are required frequently |
|
Cane |
Sedentary |
96-9p |
If a medically required hand-held assistive device is needed only for prolonged ambulation, walking on uneven terrain, or ascending or descending slopes, the unskilled sedentary occupational base will not be ordinarily significantly eroded |
|
Climbing |
Sedentary |
96-9p |
Postural limitations or restrictions related to climbing ladders, ropes or scaffolds, balancing, kneeling, crouching or crawling would not usually erode the occupational base for a full range of sedentary unskilled work significantly because those activities are not usually required in sedentary work |
|
Climbing |
All |
85-15 |
"Some" limitations in climbing and balancing are not significant |
|
Climbing |
All |
83-14 |
The inability to ascend or descend ladders or scaffolding is not significant |
|
Communication |
Sedentary |
96-9p |
If a claimant retains the abilities to hear and understand simple, oral instructions or to communicate simple information, the sedentary occupational base is not significantly eroded |
|
Crawling |
Sedentary |
96-9p |
Postural limitations or restrictions related to climbing ladders, ropes or scaffolds, balancing, kneeling, crouching or crawling would not usually erode the occupational base for a full range of sedentary unskilled work significantly because those activities are not usually required in sedentary work |
|
Crawling |
Sedentary |
85-15 |
Inability to crawl does not significantly affect range of sedentary work |
|
Crawling |
All |
85-15 |
Kneeling and crawling limitations do not have a significant impact on the broad world of work |
|
Crouching |
Sedentary |
96-9p |
Postural limitations or restrictions related to climbing ladders, ropes or scaffolds, balancing, kneeling, crouching or crawling would not usually erode the occupational base for a full range of sedentary unskilled work significantly because those activities are not usually required in sedentary work |
|
Crouching |
Sedentary |
83-14, 85-15 |
Stooping, crouching and bending required occasionally at most |
|
Crouching |
Sedentary |
83-14 |
Crouching is not required |
|
Crouching |
Light |
83-14 |
Crouching in not required |
|
Crouching |
Medium |
85-15 |
Stooping, crouching and bending are required frequently |
|
Crouching |
Heavy |
85-15 |
Stooping, crouching and bending are required frequently |
|
Crutches |
Sedentary |
96-9p |
If a medically required hand-held assistive device is needed only for prolonged ambulation, walking on uneven terrain, or ascending or descending slopes, the unskilled sedentary occupational base will not be ordinarily significantly eroded |
|
Dexterity |
Sedentary |
96-9p |
Significant manipulative limitation of ones ability to handle and work with small objects justifies a finding of disabled |
|
Dexterity |
Sedentary |
83-10 |
Most unskilled, sedentary jobs require good use of hands and fingers for repetitive hand-finger actions |
|
Dexterity |
Sedentary |
83-12 |
Sedentary work cannot be performed by one who has lost use of an upper extremity since most unskilled, sedentary jobs require good use of hands and fingers |
|
Dexterity |
Sedentary |
85-15 |
Fine manual dexterity is required |
|
Dexterity |
Sedentary |
85-15 |
Bilateral manual dexterity is required |
|
Dexterity |
Light |
83-10 |
Requires use of arms and hands to grasp, hold and turn objects and generally does not require use of the fingers for fine activities to the extent required in sedentary work |
|
Dexterity |
Medium |
83-10 |
Use of the arms and hands is necessary to grasp, hold and turn objects as opposed to finer activities in much sedentary work |
|
Dexterity |
All |
83-14 |
The claimant must have certain use of the arms and head to grasp, hold, turn, raise and lower objects |
|
Environmental |
Sedentary |
96-9p |
The need to avoid all exposure to extreme cold, extreme heat, wetness, humidity, vibration, or unusual hazards such as moving mechanical parts of equipment, tools or machinery; electrical shock; working in high, exposed places; exposure to radiation; working with explosives; and exposure to toxic, caustic chemicals would not result in significant erosion of the sedentary occupational base. |
|
Environmental |
Sedentary |
83-12 |
The need to avoid frequent contact with petroleum-based solvents does not significantly compromise the full range of sedentary work. |
|
Environmental |
Sedentary |
83-14 |
The vast majority of sedentary occupations are performed indoors, so outside environmental limitations (like ragweed pollen) are not significant |
|
Feeling |
Sedentary |
96-9p |
Ability to feel the size, shape, temperature or texture of an object by the fingertips is required in very few jobs and impairment of this ability, by itself would not significantly erode the unskilled, sedentary job base |
|
Feeling |
All |
85-15 |
The ability to feel the size, shape, temperature or texture by fingertips is not significant |
|
Fingers |
Sedentary |
83-10 |
Most unskilled, sedentary jobs require good use of hands and fingers for repetitive hand-finger actions |
|
Fingertips |
All |
85-15 |
The ability to feel the size, shape, temperature or texture by fingertips is not significant |
|
Grasping |
All |
83-14 |
The claimant must have certain use of the arms and head to grasp, hold, turn, raise and lower objects |
|
Handling |
All |
85-15 |
Significant limitations in reaching and handling significantly limit jobs |
|
Hands |
Sedentary |
83-10 |
Most unskilled, sedentary jobs require good use of hands and fingers for repetitive hand-finger actions |
|
Hands |
Sedentary |
83-12 |
Sedentary work cannot be performed by one who has lost use of an upper extremity since most unskilled, sedentary jobs require good use of hands and fingers |
|
Hands |
Light |
83-10 |
Requires use of arms and hands to grasp, hold and turn objects and generally does not require use of the fingers for fine activities to the extent required in sedentary work |
|
Hands |
Medium |
83-10 |
Use of the arms and hands is necessary to grasp, hold and turn objects as opposed to finer activities in much sedentary work |
|
Hearing |
Sedentary |
96-9p |
If a claimant retains the abilities to hear and understand simple, oral instructions or to communicate simple information, the sedentary occupational base is not significantly eroded |
|
Heights |
All |
85-15 |
Restrictions against unprotected elevations and proximity to dangerous, moving machinery are not significant at all exertional levels |
|
Holding |
All |
83-14 |
The claimant must have certain use of the arms and head to grasp, hold, turn, raise and lower objects |
|
Indoors |
Sedentary |
83-14 |
The vast majority of sedentary occupations are performed indoors, so outside environmental limitations (like ragweed pollen) are not significant |
|
Kneeling |
Sedentary |
96-9p |
Postural limitations or restrictions related to climbing ladders, ropes or scaffolds, balancing, kneeling, crouching or crawling would not usually erode the occupational base for a full range of sedentary unskilled work significantly because those activities are not usually required in sedentary work |
|
Kneeling |
All |
85-15 |
Kneeling and crawling limitations do not have a significant impact on the broad world of work |
|
Lifting |
Sedentary |
96-9p |
Inability to lift or carry more than one or two pounds justifies finding of disabled |
|
Lifting |
Sedentary |
96-9p |
If a claimant has the ability to lift/carry slightly less than 10 pounds, with no other limitations or restrictions in the ability to perform the requirements of sedentary work, the unskilled sedentary occupational base would not be significantly |
|
Machinery |
All |
85-15 |
Restrictions against unprotected elevations and proximity to dangerous, moving machinery are not significant at all exertional levels |
|
Manipulation |
Sedentary |
96-9p |
Significant manipulative limitation of ones ability to handle and work with small objects justifies a finding of disabled |
|
Manipulation |
Light |
83-10 |
Requires use of arms and hands to grasp, hold and turn objects and generally does not require use of the fingers for fine activities to the extent required in sedentary work |
|
Manipulation |
All |
83-14 |
The claimant must have certain use of the arms and head to grasp, hold, turn, raise and lower objects |
|
Mental |
Sedentary |
96-9p |
Substantial loss of ability to meet any one of the mental activities generally required by competitive, remunerative, unskilled work justifies a finding of disabled |
|
Outdoors |
Sedentary |
83-14 |
The vast majority of sedentary occupations are performed indoors, so outside environmental limitations (like ragweed pollen) are not significant |
|
Petroleum |
Sedentary |
83-12 |
The need to avoid frequent contact with petroleum-based solvents does not significantly compromise the full range of sedentary work. |
|
Postural Limitations |
Sedentary |
96-9p |
Postural limitations or restrictions related to climbing ladders, ropes or scaffolds, balancing, kneeling, crouching or crawling would not usually erode the occupational base for a full range of sedentary unskilled work significantly because those activities are not usually required in sedentary work |
|
Pushing/pulling |
Sedentary |
96-9p |
Limitations or restrictions on the ability to push or pull will generally have little effect on the unskilled sedentary occupational base |
|
Raising |
All |
83-14 |
The claimant must have certain use of the arms and head to grasp, hold, turn, raise and lower objects |
|
Reaching |
All |
85-15 |
Significant limitations in reaching and handling significantly limit jobs |
|
Sight |
Light |
85-15, 96-9p |
As long as sufficient visual acuity to be able to handle and work with rather large objects and avoid workplace hazards exists, substantial numbers of jobs remain at the light exertional level and greater. |
|
Sight |
Medium |
85-15, 96-9p |
As long as sufficient visual acuity to be able to handle and work with rather large objects and avoid workplace hazards exists, substantial numbers of jobs remain at the light exertional level and greater. |
|
Sight |
Heavy |
85-15, 96-9p |
As long as sufficient visual acuity to be able to handle and work with rather large objects and avoid workplace hazards exists, substantial numbers of jobs remain at the light exertional level and greater. |
|
Sit/Stand |
Sedentary |
83-12 |
Sedentary work does not contain sit/stand jobs |
|
Sit/stand |
Light |
83-12 |
Does not include sit/stand jobs |
|
Solvents |
Sedentary |
83-12 |
The need to avoid frequent contact with petroleum-based solvents does not significantly compromise the full range of sedentary work. |
|
Speaking |
Sedentary |
96-9p |
If a claimant retains the abilities to hear and understand simple, oral instructions or to communicate simple information, the sedentary occupational base is not significantly eroded |
|
Standing |
Sedentary |
96-9p |
If an individual can stand and walk slightly less than two hours per eight hour day, this, by itself, would not cause the sedentary occupational base to be significantly eroded |
|
Standing |
Sedentary |
96-9p |
A limitation to standing and walking for a total of only a few minutes during the workday justifies finding of disabled |
|
Stooping |
Sedentary |
96-9p |
A restriction to occasional stooping would, by itself, only minimally erode the unskilled occupational base of sedentary work |
|
Stooping |
Sedentary |
96-9p |
Complete inability to stoop justifies finding of disabled |
|
Stooping |
Sedentary |
83-14, 85-15 |
Stooping, crouching and bending required occasionally at most |
|
Stooping |
Light |
83-14, 85-15 |
Stooping and bending are required occasionally |
|
Stooping |
Medium |
85-15 |
Stooping, crouching and bending are required frequently |
|
Stooping |
Heavy |
85-15 |
Stooping, crouching and bending are required frequently |
|
Turning |
All |
83-14 |
The claimant must have certain use of the arms and head to grasp, hold, turn, raise and lower objects |
|
Understanding |
Sedentary |
96-9p |
If a claimant retains the abilities to hear and understand simple, oral instructions or to communicate simple information, the sedentary occupational base is not significantly eroded |
|
Upper extremities |
Medium |
83-10 |
Use of the arms and hands is necessary to grasp, hold and turn objects as opposed to finer activities in much sedentary work |
|
Upper Extremities |
All |
83-14 |
The claimant must have certain use of the arms and head to grasp, hold, turn, raise and lower objects |
|
Upper Extremity |
Sedentary |
83-12 |
Sedentary work cannot be performed by one who has lost use of an upper extremity since most unskilled, sedentary jobs require good use of hands and fingers |
|
Vision |
Light |
85-15, 96-9p |
As long as sufficient visual acuity to be able to handle and work with rather large objects and avoid workplace hazards exists, substantial numbers of jobs remain at the light exertional level and greater. |
|
Vision |
Medium |
85-15, 96-9p |
As long as sufficient visual acuity to be able to handle and work with rather large objects and avoid workplace hazards exists, substantial numbers of jobs remain at the light exertional level and greater. |
|
Vision |
Heavy |
85-15, 96-9p |
As long as sufficient visual acuity to be able to handle and work with rather large objects and avoid workplace hazards exists, substantial numbers of jobs remain at the light exertional level and greater. |
|
Walking |
Sedentary |
96-9p |
If an individual can stand and walk slightly less than two hours per eight hour day, this, by itself, would not cause the sedentary occupational base to be significantly eroded |
|
Walking |
Sedentary |
96-9p |
If a medically required hand-held assistive device is needed only for prolonged ambulation, walking on uneven terrain, or ascending or descending slopes, the unskilled sedentary occupational base will not be ordinarily significantly eroded |
|
Walking |
Sedentary |
96-9p |
A limitation to standing and walking for a total of only a few minutes during the work day justifies a finding of disabled |
Appendix 1 to Subpart P of Part 404--Listing of Impairments
Part A
Criteria applicable to individuals age 18 and over and to children under age 18 where criteria are appropriate.
1.00 Musculoskeletal System
A. Loss of function may be due to amputation or deformity. Pain may be an important factor in causing functional loss, but it must be associated with relevant abnormal signs or laboratory findings. Evaluations of musculoskeletal impairments should be supported where applicable by detailed descriptions of the joints, including ranges of motion, condition of the musculature, sensory or reflex changes, circulatory deficits, and X-ray abnormalities.
B. Disorders of the spine, associated with vertebrogenic disorders as in 1.05C, result in impairment because of distortion of the bony and ligamentous architecture of the spine or impingement of a herniated nucleus pulposus or bulging annulus on a nerve root. Impairment caused by such abnormalities usually improves with time or responds to treatment. Appropriate abnormal physical findings must be shown to persist on repeated examinations despite therapy for a reasonable presumption to be made that severe impairment will last for a continuous period of 12 months. This may occur in cases with unsuccessful prior surgical treatment.
Evaluation of the impairment caused by disorders of the spine requires that a clinical diagnosis of the entity to be evaluated first must be established on the basis of adequate history, physical examination, and roentgenograms. The specific findings stated in 1.05C represent the level required for that impairment; these findings, by themselves, are not intended to represent the basis for establishing the clinical diagnosis. Furthermore, while neurological examination findings are required, they are not to be interpreted as a basis for evaluating the magnitude of any neurological impairment. Neurological impairments are to be evaluated under 11.00-11.19.
The history must include a detailed description of the character, location, and radiation of pain; mechanical factors which incite and relieve pain; prescribed treatment, including type, dose, and frequency of analgesic; and typical daily activities. Care must be taken to ascertain that the reported examination findings are consistent with the individual's daily activities.
There must be a detailed description of the orthopedic and neurologic examination findings. The findings should include a description of gait, limitation of movement of the spine given quantitatively in degrees from the vertical position, motor and sensory abnormalities, muscle spasm, and deep tendon reflexes. Observations of the individual during the examination should be reported; e.g., how he or she gets on and off the examining table. Inability to walk on heels or toes, to squat, or to arise from a squatting position, where appropriate, may be considered evidence of significant motor loss. However, a report of atrophy is not acceptable as evidence of significant motor loss without circumferential measurements of both thighs and lower legs (or upper or lower arms) at a stated point above and below the knee or elbow given in inches or centimeters. A specific description of atrophy of hand muscles is acceptable without measurements of atrophy but should include measurements of grip strength.
These physical examination findings must be determined on the basis of objective observations during the examination and not simply a report of the individual's allegation, e.g., he says his leg is weak, numb, etc. Alternative testing methods should be used to verify the objectivity of the abnormal findings, e.g., a seated straight-leg raising test in addition to a supine straight-leg raising test. Since abnormal findings may be intermittent, their continuous presence over a period of time must be established by a record of ongoing treatment. Neurological abnormalities may not completely subside after surgical or nonsurgical treatment, or with the passage of time. Residual neurological abnormalities, which persist after it has been determined clinically or by direct surgical or other observation that the ongoing or progressive condition is no longer present, cannot be considered to satisfy the required findings in 1.05C.
Where surgical procedures have been performed, documentation should include a copy of the operative note and available pathology reports.
Electrodiagnostic procedures and myelography may be useful in establishing the clinical diagnosis, but do not constitute alternative criteria to the requirements in 1.05C.
C. After maximum benefit from surgical therapy has been achieved in situations involving fractures of an upper extremity (see 1.12) or soft tissue injuries of a lower or upper extremity (see 1.13), i.e., there have been no significant changes in physical findings or X-ray findings for any 6-month period after the last definitive surgical procedure, evaluation should be made on the basis of demonstrable residuals.
D. Major joints as used herein refer to hip, knee, ankle, shoulder, elbow, or wrist and hand. (Wrist and hand are considered together as one major joint.)
E. The measurements of joint motion are based on the techniques described in the "Joint Motion Method of Measuring and Recording," published by the American Academy of Orthopedic Surgeons in 1965, or the "Guides to the Evaluation of Permanent Impairment--The Extremities and Back" (Chapter I); American Medical Association, 1971.
1.01 Category of Impairments, Musculoskeletal
1.02 Active rheumatoid arthritis and other inflammatory arthritis.
With both A and B.
A. History of persistent joint pain, swelling, and tenderness involving multiple major joints (see 1.00D) and with signs of joint inflammation (swelling and tenderness) on current physical examination despite prescribed therapy for at least 3 months, resulting in significant restriction of function of the affected joints, and clinical activity expected to last at least 12 months; and
B. Corroboration of diagnosis at some point in time by either.
1. Positive serologic test for rheumatoid factor; or
2. Antinuclear antibodies; or
3. Elevated sedimentation rate; or
4. Characteristic histologic changes in biopsy of synovial membrane or subcutaneous nodule (obtained independent of Social Security disability evaluation).
1.03 Arthritis of a major weight-bearing joint (due to any cause):
With history of persistent joint pain and stiffness with signs of marked limitation of motion or abnormal motion of the affected joint on current physical examination. With:
A. Gross anatomical deformity of hip or knee (e.g, subluxation, contracture, bony or fibrous ankylosis, instability) supported by X-ray evidence of either significant joint space narrowing or significant bony destruction and markedly limiting ability to walk and stand; or
B. Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint and return to full weight-bearing status did not occur, or is not expected to occur, within 12 months of onset.
1.04 Arthritis of one major joint in each of the upper extremities (due to any cause):
With history of persistent joint pain and stiffness, signs of marked limitation of motion of the affected joints on current physical examination, and X-ray evidence of either significant joint space narrowing or significant bony destruction. With:
A. Abduction and forward flexion (elevation) of both arms at the shoulders, including scapular motion, restricted to less than 90 degrees; or
B. Gross anatomical deformity (e.g., subluxation, contracture, bony or fibrous ankylosis, instability, ulnar deviation) and enlargement or effusion of the affected joints.
A. Arthritis manifested by ankylosis or fixation of the cervical or dorsolumbar spine at 30° or more of flexion measured from the neutral postion, with X-ray evidence of:
1. Calcification of the anterior and lateral ligaments; or
2. Bilateral ankylosis of the sacroiliac joints with abnormal apophyseal articulations; or
B. Osteoporosis, generalized (established by X-ray) manifested by pain and limitation of back motion and paravertebral muscle spasm with X-ray evidence of either:
1. Compression fracture of a vertebral body with loss of at least 50 percent of the estimated height of the vertebral body prior to the compression fracture, with no intervening direct traumatic episode; or
2. Multiple fractures of vertebrae with no intervening direct traumatic episode; or
C. Other vertebrogenic disorders (e.g., herniated nucleus puplosus, spinal stenosis) with the following persisting for at least 3 months despite prescribed therapy and expected to last 12 months. With both 1 and 2:
1. Pain, muscle spasm, and significant limitation of motion in the spine; and
2. Appropriate radicular distribution of significant motor loss with muscle weakness and sensory and reflex loss.
1.08 Osteomyelitis or septic arthritis (established by X-ray):
A. Located in the pelvis, vertebra, femur, tibia, or a major joint of an upper or lower extremity, with persistent activity or occurrence of at least two episodes of acute activity within a 5-month period prior to adjudication, manifested by local inflammatory, and systemic signs and laboratory findings (e.g., heat, redness, swelling, leucocytosis, or increased sedimentation rate) and expected to last at least 12 months despite prescribed therapy; or
B. Multiple localizations and systemic manifestations as in A above.
1.09 Amputation or anatomical deformity of (i.e., loss of major function due to degenerative changes associated with vascular or neurological deficits, traumatic loss of muscle mass or tendons and X-ray evidence of bony ankylosis at an unfavorable angle, joint subluxation or instability):
A. Both hands; or
B. Both feet; or
C. One hand and one foot.
1.10 Amputation of one lower extremity (at or above the tarsal region):
A. Hemipelvectomy or hip disarticulation; or
B. Amputation at or above the tarsal region due to peripheral vascular disease or diabetes mellitus; or
C. Inability to use a prosthesis effectively, without obligatory assistive devices, due to one of the following:
1. Vascular disease; or
2. Neurological complications (e.g., loss of position sense); or
3. Stump too short or stump complications persistent, or are expected to persist, for at least 12 months from onset; or
4. Disorder of contralateral lower extremity which markedly limits ability to walk and stand.
1.11 Fracture of the femur, tibia, tarsal bone or pelvis with solid union not evident on X-ray and not clinically solid, when such determination is feasible, and return to full weight-bearing status did not occur or is not expected to occur within 12 months of onset.
1.12 Fractures of an upper extremity with non-union of a fracture of the shaft of the humerus, radius, or ulna under continuing surgical management directed toward restoration of functional use of the extremity and such function was not restored or expected to be restored within 12 months after onset.
1.13 Soft tissue injuries of an upper or lower extremity requiring a series of staged surgical procedures within 12 months after onset for salvage and/or restoration of major function of the extremity, and such major function was not restored or expected to be restored within 12 months after onset.
2.00 Special Senses and Speech
A. Ophthalmology
1. Causes of impairment. Diseases or injury of the eyes may produce loss of central or peripheral vision. Loss of central vision results in inability to distinguish detail and prevents reading and fine work. Loss of peripheral vision restricts the ability of an individual to move about freely. The extent of impairment of sight should be determined by visual testing.
2. Central visual acuity. A loss of central visual acuity may be caused by impaired distant and/or near vision. However, for an individual to meet the level of severity described in 2.02 and 2.04, only the remaining central visual acuity for distance of the better eye with best correction based on the Snellen test chart measurement may be used. Correction obtained by special visual aids (e.g., contact lenses) will be considered if the individual has the ability to wear such aids.
3. Field of vision. Impairment of peripheral vision may result if there is contraction of the visual fields. The contraction may be either symmetrical or irregular. The extent of the remaining peripheral visual field will be determined by usual perimetric methods at a distance of 330 mm. under illumination of not less than 7-foot candles. For the phakic eye (the eye with a lens), a 3 mm. white disc target will be used, and for the aphakic eye (the eye without the lens), a 6 mm. white disc target will be used. In neither instance should corrective spectacle lenses be worn during the examination but if they have been used, this fact must be stated.
Measurements obtained on comparable perimetric devices may be used; this does not include the use of tangent screen measurements. For measurements obtained using the Goldmann perimeter, the object size designation III and the illumination designation 4 should be used for the phakic eye, and the object size designation IV and illumination designation 4 for the aphakic eye.
Field measurements must be accompanied by notated field charts, a description of the type and size of the target and the test distance. Tangent screen visual fields are not acceptable as a measurement of peripheral field loss.
Where the loss is predominantly in the lower visual fields, a system such as the weighted grid scale for perimetric fields described by B. Esterman (see Grid for Scoring Visual Fields, II. Perimeter, Archives of Ophthalmology, 79:400, 1968) may be used for determining whether the visual field loss is comparable to that described in table 2.
4. Muscle function. Paralysis of the third cranial nerve producing ptosis, paralysis of accommodation, and dilation and immobility of the pupil may cause significant visual impairment. When all the muscle of the eye are paralyzed including the iris and ciliary body (total ophthalmoplegia), the condition is considered a severe impairment provided it is bilateral. A finding of severe impairment based primarily on impaired muscle function must be supported by a report of an actual measurement of ocular motility.
5. Visual efficiency. Loss of visual efficiency may be caused by disease or injury resulting in a reduction of central visual acuity or visual field. The visual efficiency of one eye is the product of the percentage of central visual efficiency and the percentage of visual field efficiency. (See tables no. 1 and 2, following 2.09.)
6. Special situations. Aphakia represents a visual handicap in addition to the loss of central visual acuity. The term monocular aphakia would apply to an individual who has had the lens removed from one eye, and who still retains the lens in his other eye, or to an individual who has only one eye which is aphakic. The term binocular aphakia would apply to an individual who has had both lenses removed. In cases of binocular aphakia, the central efficiency of the better eye will be accepted as 75 percent of its value. In cases of monocular aphakia, where the better eye is aphakic, the central visual efficiency will be accepted as 50 percent of the value. (If an individual has binocular aphakia, and the central visual acuity in the poorer eye can be corrected only to 20/200, or less, the central visual efficiency of the better eye will be accepted as 50 percent of its value.)
Ocular symptoms of systemic disease may or may not produce a disabling visual impairement. These manifestations should be evaluated as part of the underlying disease entity by reference to the particular body system involved.
7. Statutory blindness. The term "statutory blindness" refers to the degree of visual impairment which defines the term "blindness" in the Social Security Act. Both 2.02 and 2.03 A and B denote statutory blindness.
B. Otolaryngology
1. Hearing impairment. Hearing ability should be evaluated in terms of the person's ability to hear and distinguish speech.
Loss of hearing can be quantitatively determined by an audiometer which meets the standards of the American National Standards Institute (ANSI) for air and bone conducted stimuli (i.e., ANSI S 3.6-1969 and ANSI S 3.13-1972, or subsequent comparable revisions) and performing all hearing measurements in an environment which meets the ANSI standard for maximal permissible background sound (ANSI S 3.1-1977).
Speech discrimination should be determined using a standardized measure of speech discrimination ability in quiet at a test presentation level sufficient to ascertain maximum discrimination ability. The speech discrimination measure (test) used, and the level at which testing was done, must be reported.
Hearing tests should be preceded by an otolaryngologic examination and should be performed by or under the supervision of an otolaryngologist or audiologist qualified to perform such tests.
In order to establish an independent medical judgment as to the level of impairment in a claimant alleging deafness, the following examinations should be reported: Otolaryngologic examination, pure tone air and bone audiometry, speech reception threshold (SRT), and speech discrimination testing. A copy of reports of medical examination and audiologic evaluations must be submitted.
Cases of alleged "deaf mutism" should be documented by a hearing evaluation. Records obtained from a speech and hearing rehabilitation center or a special school for the deaf may be acceptable, but if these reports are not available, or are found to be inadequate, a current hearing evaluation should be submitted as outlined in the preceding paragraph.
2. Vertigo associated with disturbances of labyrinthine-vestibular function, including Meniere's disease. These disturbances of balance are characterized by an hallucination of motion or loss of position sense and a sensation of dizziness which may be constant or may occur in paroxysmal attacks. Nausea, vomiting, ataxia, and incapacitation are frequently observed, particularly during the acute attack. It is important to differentiate the report of rotary vertigo from that of "dizziness" which is described as lightheadedness, unsteadiness, confusion, or syncope.
Meniere's disease is characterized by paroxysmal attacks of vertigo, tinnitus, and fluctuating hearing loss. Remissions are unpredictable and irregular, but may be longlasting; hence, the severity of impairment is best determined after prolonged observation and serial reexaminations.
The diagnosis of a vestibular disorder requires a comprehensive neuro-otolaryngologic examination with a detailed description of the vertiginous episodes, including notation of frequency, severity, and duration of the attacks. Pure tone and speech audiometry with the appropriate special examinations, such as Bekesy audiometry, are necessary. Vestibular functions is assessed by positional and caloric testing, preferably by electronystagmography. When polytograms, contrast radiography, or other special tests have been performed, copies of the reports of these tests should be obtained in addition to reports of skull and temporal bone X-rays.
3. Organic loss of speech. Glossectomy or laryngectomy or cicatricial laryngeal stenosis due to injury or infection results in loss of voice production by normal means. In evaluating organic loss of speech (see 2.09), ability to produce speech by any means includes the use of mechanical or electronic devices. Impairment of speech due to neurologic disorders should be evaluated under 11.00-11.19.
2.01 Category of Impairments, Special Senses and Speech <