The Social Security Administration recently announced twenty five (25) new medical conditions that qualify for Compassionate Allowances (CAL). Social Security created the Compassionate Allowances program as a method to expedite the disability decision making process for the Americans with the most serious illnesses to ensure that they receive disability decisions within days instead of months or years. The twenty five (25) new Compassionate Allowances Conditions are, as follows: 1. Angiosarcoma 2. Atypical Teratoid/Rhabdoid Tumor 3. Chronic Idiopathic Intestinal Pseudo Obstruction 4. Coffin- Lowry Syndrome 5. Esthesioneuroblastoma 6. Giant Axonal Neuropathy 7. Hoyeaal-Hreidarsson Syndrome 8. Intracranial Hemangiopericytoma 9. Joubert Syndrome 10. Leptomeningeal Carcinomatosis 11. Liposarcoma- metastatic or recurrent 12. Malignant Ectomesenchymoma 13. Malignant Renal Rhabdoid Tumor 14. Marshall-Smith Syndrome 15. Oligodendroglioma Brain Tumor- Grade III 16. Pallister-Killian Syndrome 17. Progressive Bulbar Palsy 18. Prostate Cancer – Hormone Refractory Disease – or with visceral metastases 19. Revesz Syndrome 20. Seckel Syndrome 21.…Learn More
Is Listing 12.05 still a viable theory for a Social Security Disability allowance?
Despite Social Security’s Listing 12.05 specifically dealing with Intellectual Disability, it seems more and more Administrative Law Judges (ALJs) either dismiss this listing or find ways around providing an allowance under it. The Social Security Disability Attorneys (Columbus, GA) of Carmichael Law Group LLC are pleased to report that in Turner v. Colvin, the United States District Court, for the Middle District of Alabama recently agreed with our position that the ALJ erred in his evaluation of Listing 12.05. In determining the ALJ failed to perform any analysis with respect to the introductory paragraph, the Turner Court noted that “the Commissioner asserts that Plaintiff did not meet the requirements of the introductory paragraph and invites the court to analyze the ‘overall record’ and make the introductory paragraph determination. The court could just as easily infer from the ALJ’s opinion that because she evaluated the requirements of paragraphs A, B, C,…Learn More