Current through Register 1531, September 27, 2024
(A)
Musculoskeletal System.
(1)
Arthritis of Any Major Joint
(Hips, Knees, Hands or Feet). Arthritis of any major joint must be
substantiated by:
(a) the presence of three or
more of the following clinical findings lasting for more than 15 days and
expected to last for at least 30 days:
1.
pain;
2. swelling;
3. tenderness;
4. warmth;
5. redness;
6. stiffness; or
7. limitation of motion; and
(b) corroboration of the diagnosis
by at least two of the following:
1. positive
serologic test for rheumatoid factor; or anti-nuclear antibody or HLAB
antigen;
2. elevated sedimentation
rate;
3. positive joint fluid
culture;
4. elevation of white
blood count;
5. significant
anatomical deformity; or
6. x-ray
evidence of significant joint space narrowing or bony destruction.
(2)
Disorders of the Spine. Disorders of the spine must be
demonstrated by one of the following:
(a)
x-ray evidence of significant arthritic changes manifested by ankylosis, or
fixation, or motion limitation (objective);
(b) Bone density evidence of significant
osteoporosis manifested by pain and real motion limitation;
(c) evidence of other vertebragenic disorders
(
e.g., herniated nucleus pulposus or spinal stenosis), with:
1. pain and significant limitation of motion
in the spine; and
2. appropriate
radicular distribution of significant sensory, motor, or flex abnormalities;
or
(d) evidence of acute
back strain with pain and significant limitation of motion lasting more than 15
days and expected to last for at least 30 days.
(3)
Fracture of a Major
Bone. When solid union has not occurred and incapacity is expected
to last for at least 30 days.
(4)
Soft Tissue Injuries or Loss. Soft tissue injuries or
loss, including burns, must be demonstrated by one of the following, which
lasts more than 15 days and can be expected to last for at least 30 days:
(a) significant loss which prohibits function
of an upper or lower extremity;
(b)
significant body surface involvement; or
(c) involvement of critical areas such as
hands and feet that prevents their use.
(B)
Special Senses and
Speech.
(1)
Impairment of Central Visual Acuity. Remaining vision
in the better eye after best correction must be 20/100 or less and must be
expected to last for at least 30 days.
(2)
Contraction of Peripheral
Visual Fields. Contraction of peripheral visual fields in the
better eye must be:
(a) to 20° or less
from point of fixation;
(b) so the
widest diameter subtends an angle no greater than 25°; or
(c) to 25% or less visual field efficiency;
and must be expected to last at least 30 days.
(3)
Hearing
Impairments. Hearing must not be restorable by a hearing aid, and
the impairment must be manifested by one of the following:
(a) average hearing threshold sensitivity for
air conduction of 90 decibels or greater; and for bone conduction to
corresponding maximal levels, in the better ear, determined by the simple
average of hearing threshold levels at 500, 1000, and 2000 Hz; or
(b) speech discrimination scores of 40% or
less in the better ear; and must be expected to last for at least 30
days.
(4)
Disturbance of Labyrinthine-vestibular Function.
Disturbance of labyrinthine-vestibular function (including Meniere's disease)
must be demonstrated by one or more attacks of balance disturbance and tinnitus
within the 30-day period immediately preceding application for EAEDC. The
symptoms must persist for at least 30 days and affect daily functions and the
diagnosis must be corroborated by:
(a) hearing
loss established by audiometry; or
(b) standard vestibular test (ENG) with or
without hearing loss established by audiometry.
(C)
Respiratory
System.
(1)
Chronic
Obstructive Airway Disease. Spirometric evidence of airway
obstruction must be demonstrated by maximum voluntary ventilation (MVV) and
one-second forced expiratory volume (FEV1) with both values equal to or less
than those specified in Table I, corresponding to height and expected to last
for at least 30 days.
Table I
Height (inches) |
MVV equal to or less than (L/Min) |
FEV1 equal to or less than And (L) |
57 or less |
42 |
1.5 |
58 |
43 |
1.5 |
59 |
44 |
1.5 |
60 |
45 |
1.6 |
61 |
46 |
1.6 |
62 |
47 |
1.6 |
63 |
48 |
1.6 |
64 |
49 |
1.7 |
65 |
50 |
1.7 |
66 |
51 |
1.7 |
67 |
52 |
1.8 |
68 |
53 |
1.8 |
69 |
54 |
1.8 |
70 |
55 |
1.9 |
71 |
56 |
1.9 |
72 |
57 |
1.9 |
73 or more |
58 |
1.9 |
(2)
Diffuse Pulmonary Fibrosis. Diffuse pulmonary fibrosis
due to any cause must be demonstrated by both of the following, and expected to
last for at least 30 days:
(a) Total vital
capacity (VC) must be equal to or less than the values specified in Table II,
corresponding to height; and Table II
Height or less than (inches) |
VC equal to (L) |
57 or less |
1.7 |
58 |
1.8 |
59 |
1.8 |
60 |
1.9 |
61 |
1.9 |
62 |
2.0 |
63 |
2.0 |
64 |
2.1 |
65 |
2.1 |
66 |
2.2 |
67 |
2.2 |
68 |
2.3 |
69 |
2.3 |
70 |
2.4 |
71 |
2.4 |
72 |
2.5 |
73 or more |
2.5 |
(b)
Arterial oxygen tension (po2) at rest and simultaneously determined arterial
carbon dioxide tension (PCO2) values must be equal to or less than those
specified in Table III.
Table III
Arterial pco2 (mm Hg) |
Arterial po2 equal to or less than (mm
Hg) |
30 or below |
75 |
31 |
74 |
32 |
73 |
33 |
72 |
34 |
71 |
35 |
70 |
36 |
69 |
37 |
68 |
38 |
67 |
39 |
66 |
40 or above |
65 |
(3)
Other Restrictive Ventilatory
Disorders. Other restrictive ventilatory disorders (such as
kyphoscoliosis, thoracoplasty, and pulmonary resection) must be substantiated
by total vital capacity (VC) equal to or less than the values specified in
Table IV, corresponding to height and expected to last at least 30 days.
Table IV
Height (inches) |
VC equal to or less than (L) |
59 |
1.5 |
60 |
1.6 |
61 |
1.6 |
62 |
1.6 |
63 |
1.6 |
64 |
1.7 |
65 |
1.7 |
66 |
1.7 |
67 |
1.8 |
68 |
1.8 |
69 |
1.8 |
70 |
1.9 |
(4)
Active Pulmonary Tuberculosis. Active pulmonary
tuberculosis must be corroborated by either:
(a) positive culture; or
(b) x-ray evidence of increasing lesions or
cavitation; and expected to last at least 30 days.
(5)
Other Respiratory
Disorders. Other respiratory disorders must be shown by the
presence of at least two of the following 106 CMR 702.192(C)(5)(a), (b), or (c)
for more than 15 days and expected to last at least 30 days:
(a) shortness of breath, wheezing, rhonchi,
rales, cough, or fever;
(b)
significant x-ray changes; or
(c)
significant laboratory abnormalities.
(D)
Cardiovascular
System.
(1)
Open
Heart Surgery. The period of incapacity will be expected to last
at least 30 days and meet the criteria in 106 CMR 703.192(D)(3) or
(4).
(2)
Ischemic Heart
Disease.
(a) Ischemic heart
disease, with chest pain of cardiac origin, must be corroborated by one of the
following:
1. significantly diminished
exercise tolerance corroborated by results of ETT;
2. significant ischemic changes on resting
EKG;
3. EKG evidence of myocardial
infarction at some time and symptoms if EKG evidence is more than six months
old;
4. development of significant
arrhythmia;
5. angiographic
evidence (obtained independently) of coronary artery disease; or
6. development of left bundle branch
block.
(b) If ischemic
heart disease is ruled out after an extensive work-up the period of incapacity
will be 90 days if:
1. symptoms lasted at
least 15 days; or
2. substantial
work activity is precluded by a physician's orders for at least 90
days.
(3)
Congestive Heart Failure. Congestive heart failure
must be manifested by evidence of vascular congestion such as hepatomegaly, or
peripheral or pulmonary edema, with either of the following present, and
expected to last at least 30 days.
(a)
evidence of congestive heart failure on clinical examination; or
(b) significant x-ray or EKG
changes.
(4)
Arteriosclerosis Obliterans or Thromboangiitis.
Arteriosclerosis obliterans or thromboangiitis must be substantiated by both:
(a) intermittent claudication; and
(b) absence of peripheral arterial pulsations
below the knee; and be expected to last for at least 30 days.
(5)
Venous
Insufficiency of the Lower Extremity. Venous insufficiency of the
lower extremity must be expected to last at least 30 days and be associated
with two or more of the following:
(a)
varicosities;
(b) brawny
edema;
(c) stasis dermatitis;
and
(d) ulceration
(E)
Digestive System. Impairments affecting the digestive
system that are considered incapacitating are listed:
(1)
Gastrointestinal
Disorders.
(a) Gastrointestinal
disorders must be substantiated by the presence of three or more of the
following symptoms lasting more than seven days and expected to last at least
30 days:
1. pain;
2. nausea;
3. vomiting;
4. diarrhea;
5. bloody stools; or
6. abdominal distension.
(b) Gastrointestinal disorders expected to
last more than 90 days must demonstrate the presence of clinical findings under
of significant pathology demonstrated by x-ray, endoscopy, barium enema,
biopsy, or other objective criteria; or the presence of one of the following:
1. abscess or fistula formation;
2. hematocrit of 30% or less;
3. serum albumin of 3.0 g per deciliter (100
ml) or less;
4. serum calcium of
8.0 mg per deciliter;
5. fat in
stool of 7.0 m or greater per 24-hour specimen;
6. nitrogen in stool of 3.0 g or greater per
24-hour specimen;
7. evidence of
pancreatic dysfunction; or
8.
systemic manifestations such as arthritis, iritis, or liver dysfunction not
attributable to other causes.
(2)
Diseases of the
Liver.
(a)
Acute
Hepatitis (Viral A, B, Non-A, Non-B). Incapacity expected to last
more than 90 days must meet the criteria in 106 CMR 703.192(E)(2)(b).
(b)
Chronic Liver
Disease. Chronic liver diseases (portal, postnecrotic, or biliary
cirrhosis, chronic active hepatitis, Wilson's disease) must be substantiated by
a history of significant and unresolved hyperbilirubinemia, ascites due to
hypoalbuminemia, or mental confusion lasting more than 15 days and expected to
last at least 30 days; or if the impairment persists is expected to last more
than 90 days and is accompanied by confirmation of liver disease by liver
biopsy and demonstration (clinical) of two of the following:
1. bleeding from esophageal varices;
or
2. hepatic cell necrosis or
inflammation;
3. hepatic
encephalopathy.
(3)
Weight Loss.
Weight loss due to any gastrointestinal disorder must be substantiated by
weight equal to or less than the values specified in Table V (for men) or Table
VI (for women), corresponding to height and expected to last at least 30 days.
Table V - Men |
Table VI - Women |
Height (inches) |
Weight (pounds) |
Height (inches) |
Weight (pounds) |
61 |
95 |
61 |
82 |
62 |
98 |
62 |
84 |
63 |
100 |
63 |
87 |
64 |
103 |
64 |
89 |
65 |
106 |
65 |
92 |
66 |
109 |
66 |
94 |
67 |
112 |
67 |
97 |
68 |
116 |
68 |
100 |
69 |
119 |
69 |
104 |
70 |
122 |
70 |
107 |
71 |
126 |
71 |
111 |
72 |
129 |
72 |
114 |
73 |
133 |
73 |
117 |
74 |
136 |
74 |
121 |
75 |
139 |
75 |
124 |
76 |
143 |
76 |
128 |
Weight loss which continues for more than 90 days despite
treatment and proper nutrition, must meet the criteria in 106 CMR 703.192(E)(1)
or (2)(b).
(F)
Genitourinary System.
Impairment of Renal Function.
Impairment of renal function due to any cause must be substantiated by one of
the following, which lasts more than 15 days and can be expected to last at
least 30 days:
(1) elevation of serum
creatinine;
(2) hematocrit of 30%
or less;
(3) renal osteodystrophy
manifested by bone pain and appropriate radiographic abnormalities;
(4) documented fluid overload
syndrome;
(5) anorexia;
(6) hemodialysis or peritoneal dialysis;
or
(7) proteinuria.
(G)
Hemic and
Lymphatic Systems.
(1)
Anemia. Anemia must be substantiated by one of the
following:
(a) hematocrit of 30% or less if,
acute or not tolerated; or
(b) one
or more blood transfusions required within the 30-day period immediately
preceding application for EAEDC, and the incapacity is expected to last at
least 30 days.
(2)
Sickle Cell Disease. Sickle cell disease or one of its
variants must be substantiated by a documented painful thrombotic crisis within
the 30 day period immediately preceding application for EAEDC; and expected to
last for at least 30 days.
(3)
Hemorrhage. Hemorrhage due to any traumatic or
nontraumatic cause must be substantiated by one or more blood transfusions
required within the 30-day period immediately preceding application for
EAEDC.
(H)
Skin. All skin disorders and infections that last more
than 15 days and that can be expected to last for at least 30 days will
possibly be considered incapacitating when one of the following is present:
(1) Involvement of extensive body areas;
or
(2) Involvement of critical
areas such as hands, feet, axillae, perineum, or face.
(I)
Endocrine
System. Diabetes mellitus must be substantiated by one of the
following:
(1) Peripheral neuropathy
manifested by decreased sensation and loss of vibration and positional
sense;
(2) Significant visual
impairment according to the criteria in 106 CMR 703.192(B)(1) and (2), Special
Senses and Speech;
(3) Amputation
due to diabetic necrosis or peripheral vascular disease; or
(4) A documented episode of acidosis within
the 30-day period immediately preceding application for EAEDC, and the
incapacity is expected to last for at least 30 days.
(J)
Multiple Body
Systems.
(1)
Lupus
Erythematosus. Disseminated lupus erythematosus must be
established by a positive LE preparation or biopsy or positive ANA test.
Exacerbation (involving renal, cardiac, pulmonary, gastrointestinal, or central
nervous systems) must have occurred within the 30-day period immediately
preceding application for EAEDC, and have lasted more than 15 days and be
expected to last for at least 30 days.
(2)
Obesity. Obesity
must be substantiated by weight equal to or greater than the values specified
in Table VII for males or Table VIII for females and one of the following:
(a) a history of significant pain and
limitation of motion in any weight-bearing joint or the spine;
(b) significant hypertension;
(c) a history of significant cardiovascular
difficulties;
(d) chronic venous
insufficiency with pain or superficial varicosities; or
(e) significant respiratory difficulties; and
The incapacity is expected to last for at least 30 days.
Table VII - Men |
Table VIII - Women |
Height (inches) |
Weight (pounds) |
Height (inches) |
Weight (pounds) |
60 |
246 |
56 |
208 |
61 |
252 |
57 |
212 |
62 |
258 |
58 |
218 |
63 |
264 |
59 |
224 |
64 |
270 |
60 |
230 |
65 |
276 |
61 |
236 |
66 |
284 |
62 |
242 |
67 |
294 |
63 |
250 |
68 |
302 |
64 |
258 |
69 |
310 |
65 |
266 |
70 |
318 |
66 |
274 |
71 |
328 |
67 |
282 |
72 |
336 |
68 |
290 |
73 |
346 |
69 |
298 |
74 |
356 |
70 |
306 |
75 |
364 |
71 |
314 |
76 |
374 |
72 |
322 |
(K)
Neurological
System.
(1)
Central
Nervous System Vascular Accident. The period of incapacity is
expected to last for at least 30 days and two of the following persists:
(a) ineffective speech or
communication;
(b) significant
disorganization of motor function in one or more extremities interfering with
locomotion or use of fingers, hands and arms; and
(c) significant mental status
abnormalities.
(2)
Epilepsy. Major motor seizures (or partial complex),
documented by EEG and by clinically detailed description of a typical seizure
pattern, including all associated phenomena; occurring more frequently than
once a month, in spite of at least one month of prescribed treatment; expected
to last at least 30 days with:
(a) Daytime
episodes (loss of consciousness and convulsive seizures); or
(b) Nocturnal episodes manifesting residuals
which interfere significantly with activity during the day.
(3)
Epilepsy. Minor seizures (petit mal,
psychomotor, or focal), documented by EEG and by detailed description of a
typical seizure pattern, including all associated phenomena; occurring more
frequently than once weekly in spite of at least one month of prescribed
treatment: with alteration of awareness or loss of consciousness and transient
postictal manifestations of unconventional behavior or significant interference
with activity during the day; and expected to last for at least 30
days.
(4)
Parkinsonian
Syndrome. This must include the following signs: significant
rigidity; bradykinesia, or tremor in two extremities or one, if in dominant
hand with significant loss of dexterity which, singly or in combination, result
in sustained disturbance of gross and dexterous movements, or gait and station;
and expected to last for at least 30 days.
(5)
Spinal Cord or Nerve Root
Lesions. This must be due to any course with disorganization of
motor function expected to last for at least 30 days with significant and
persistent disorganization of motor function in a single extremity, resulting
in sustained disturbance of gross and dexterous movements, or gait and
station.
(6)
Multiple
Sclerosis. With disorganization of motor function expected to last
for at least 30 days with:
(a) significant and
persistent disorganization of motor function in two extremities, or one
dominant upper extremity, resulting in sustained disturbance of gross and
dexterous movements, or gait and station; or marked motor
fatiguability;
(b) impairment of
central visual acuity. Remaining vision in the better eye after best correction
must be 20/100 or less and must be expected to last at least 30 days.
(c) contraction of peripheral visual fields.
Contraction of peripheral vision fields in the better eye that is expected to
last at least 30 days must be:
1. To 20°
or less from the point of fixation; or
2. So the widest diameter subtends an angle
no greater than 25°; or
3. To
25% or less visual field efficiency; or
(7)
Myasthenia
Gravis. This must be expected to last for at least 30 days with:
(a) significant difficulty with speaking,
swallowing, or breathing while on prescribed therapy; or
(b) significant motor weakness of muscles of
extremities on repetitive activity against resistance while on prescribed
therapy.
(8)
Myotonic Muscular Dystrophy. This must include
disorganization of motor function expected to last for at least 30 days with
significant and persistent disorganization of motor function in two
extremities, resulting in sustained disturbance of gross and dexterous
movements, or gait and station.
(9)
Peripheral Neuropathies. With disorganization of motor
function in spite of prescribed treatment expected to last for at least 30 days
with significant and persistent disorganization of motor function in one
extremity, resulting in sustained disturbance of gross and dexterous movements,
or gait and station.
(10)
Subacute Combined Cord Degeneration (Pernicious
Anemia). This must include disorganization of motor function as
descried below not significantly improved by prescribed treatment and expected
to last for at least 30 days with:
(a)
significant and persistent disorganization of motor function in one extremity,
resulting in sustained disturbance of gross and dexterous movements, or gait
and station; and
(b) unsteady,
broad-based or ataxic gait causing significant restriction of mobility
substantiated by appropriate posterior column signs.
(11)
Cerebral
Trauma. Evaluate under the provisions for epilepsy - Major motor,
epilepsy -minor motor, cerebral nervous system vascular accident or organic
mental disorders.
(L)
Mental Disorders.
(1) The following definitions should be used
when referencing 106 CMR 703.192.
(a)
Need for Medical Evidence. The existence of a
medically determinable impairment must be established by medical evidence
consisting of clinical signs, symptoms and/or laboratory test findings. These
findings may be intermittent or persistent depending on the nature of the
disorder. Clinical signs are medically demonstrable phenomena which reflect
specific abnormalities of behavior, affect, thought, memory, orientation or
contact with reality. These signs are typically assessed by a psychiatrist.
Symptoms or complaints are presented by the individual. Signs and symptoms
generally cluster together to constitute recognizable clinical syndromes
(mental disorders). Both symptoms and signs which are part of any diagnosed
mental disorder must be considered in evaluating severity.
(b)
Assessment of
Severity. For mental disorders, severity is assessed in terms of
the functional limitations imposed by the impairment. Where "marked" is used as
a standard for measure the degree of limitation, it means more than moderate,
but less than extreme. A marked limitation may arise when several activities or
functions are impaired or even when only one is impaired, so long as the degree
of limitation is such as to seriously interfere with the ability to function
independently, appropriately and effectively.
1. Activities of daily living including
adaptive activities such as cleaning, shopping, cooking, taking public
transportation, paying bills, maintaining a residence, caring appropriately for
one's grooming and hygiene, using telephones and directories, using a post
office,
etc. In the context of the individual's overall
situation, the quality of these activities is judged by their independence,
appropriateness and effectiveness. It is necessary to define the extent to
which the individual is capable of initiating and participating in activities
independent of supervision or direction.
"Marked" is not the number of activities which are restricted
but the overall degree of restriction or combination of restrictions which must
be judged.
2. Social
functioning refers to an individual's capacity to interact appropriately and
communicate effectively with other individuals. "Marked" is not the number of
areas in which social functioning is impaired, but the overall degree of
interference in a particular area or combination of areas of
functioning.
3. Concentration,
persistence and pace refer to the ability to sustain focused attention
sufficiently long to permit the timely completion of tasks commonly found in
work settings. In activities of daily living, concentration may be reflected in
terms of ability to complete tasks in everyday household routines. Deficiencies
in concentration, persistence and pace are best observed in work and work-like
settings. 4.
Documentation. The presence of a mental
disorder should be documented primarily on the basis of reports from individual
providers, such as psychiatrists, and facilities such as hospitals and clinics.
Adequate descriptions of functional limitations must be obtained from these or
other sources which may include programs and facilities where the individual
has been observed over a considerable period of time.
Information from both medical and nonmedical sources may be
used to obtain detailed descriptions of the individual's activities of daily
living; social functioning; concentration, persistence and pace; or ability to
tolerate increased mental demands (stress). This information can be provided by
programs such as community mental health centers, day care centers, sheltered
workshops, etc. It can also be provided by others, including
family members, who have knowledge of the individual's functioning. In some
cases descriptions of activities of daily living or social functioning given by
individuals or treating sources may be insufficiently detailed and/or may be in
conflict with the clinical picture otherwise observed or described in the
examination or reports. Evidence may include treatment notes, hospital
discharge summaries, and work evaluation or rehabilitation progress notes if
these are available. It is necessary to resolve any inconsistencies or gaps
that may exist in order to obtain a proper understanding of the individual's
functional restrictions.
Some individuals may have attempted to work or may actually
have worked during the period of time pertinent to the determination of
disability. This may have been an independent attempt at work, or it may have
been in conjunction with a community mental health or other sheltered program
which may have been of either short or long duration. Information concerning
the individual's behavior during any attempt to work and the circumstances
surrounding termination of the work effort are particularly useful in
determining the individual's ability or inability to function in a work
setting.
5.
Chronic Mental Impairments. Particular problems are
often involved in evaluating mental impairments in individuals who have long
histories of repeated hospitalizations or prolonged outpatient care with
supportive therapy and medication. Individuals with chronic psychotic disorders
commonly have their lives structured in such a way to minimize stress and
reduce their signs and symptoms. Such individuals may be much more impaired for
work than their signs and symptoms would indicate. The results of a single
examination may not adequately describe these individuals' sustained ability to
function. It is therefore, vital to include all pertinent and available
information relative to the individual's condition, especially at times of
increased stress.
6.
Effect of Medication. Attention must be given to the
effect of medication on the individual's signs, symptoms and ability to
function. While psychotropic medications may control certain primary
manifestations of a mental disorder,
e.g., hallucinations,
such treatment may or may not affect the functional limitations imposed by the
mental disorder. In such cases where overt symptomatology is attenuated by the
psychotropic medications, particular attention should be included on the
functional restrictions which may persist. These functional restrictions are
important for the measure of impairment severity.
Neuroleptics, the medicines used in the treatment of some
mental illnesses, may cause drowsiness, blunted effect, or other side effects
involving other body systems. Such side effects must be considered in
evaluating overall impairment severity. Where adverse effects of medications
contribute to the impairment severity and the impairment does not meet the
listings but is nonetheless severe, such adverse effects must be considered in
the assessment of the disability.
7.
Effect of
Treatment. It must be remembered that with adequate treatment some
individuals suffering with chronic mental disorders not only have their
symptoms and signs ameliorated but also return to a level of function close to
that of their premorbid status.
(2)
Dementia with or without
Delirium. Psychological, cognitive or behavioral abnormalities
associated with a dysfunction of the brain. History and physical examination or
laboratory tests demonstrate the presence of specific organic factor judges to
be etiologically related to the abnormal mental state and loss of previously
acquired functional abilities.
The required level of severity for these disorders is met when
the requirements in 106 CMR 703.192(L)(2)(a) and (b) are satisfied, and they
are expected to last for at least 30 days.
(a) Demonstration of loss of specific
cognitive abilities or affective changes and the medically documented
persistence of at least one of the following:
1. disorientation to time and
place;
2. substantial memory loss
impairment;
3. perceptual or
thinking disturbances (e.g., hallucinations,
delusions);
4. change in
personality;
5. disturbance in
mood;
6 emotional liability
(e.g., explosive temper outbursts, sudden crying,
etc.) and impairment in impulse control; or
7. loss of measured intellectual ability of
at least 15 I.Q. points from premorbid levels or overall impairment index
clearly within the moderately to severely impaired range on neuropsychological
testing, e.g., the Luria-Nebraska, Halstead-Reitan,
etc.; and
(b) Resulting in at least one of the
following:
1. marked restriction of activities
of daily living;
2. marked
difficulties in maintaining social functioning;
3. deficiencies of concentration, persistence
or pace resulting in frequent failure to complete tasks in a timely manner (in
work settings or elsewhere); or
4.
repeated episodes of deterioration or decompensation in work or work-like
settings which cause the individual to withdraw from that situation or to
experience exacerbation of signs and symptoms (which may include deterioration
of adaptive behaviors).
(3)
Schizophrenic, Paranoid and
Other Psychotic Disorders. Characterized by the onset of psychotic
features with deterioration from a previous level of functioning.
The required level of severity for these disorders is met when
the requirements in 106 CMR 703.192(L)(3)(a) and (b) are satisfied, or when the
requirements in 106 CMR 703.192(L)(3)(c) are satisfied; and they are expected
to last for at least 30 days.
(a)
Medically documented persistence, either continuous or intermittent, of one or
more of the following:
1. delusions or
hallucinations;
2. catatonic or
other grossly disorganized behavior;
3. incoherence, loosening of associations,
illogical thinking, or poverty of content of speech if associated with one of
the following:
a. blunt affect;
b. flat affect; or c. inappropriate affect;
or
4. emotional
withdrawal and/or isolation; and
(b) Resulting in at least one of the
following:
1. marked restriction of activities
of daily living; or
2. marked
difficulties in maintaining social functioning; or
3. deficiencies of concentration, persistence
or pace resulting in frequent failure to complete tasks in a timely manner (in
work settings or elsewhere); or
4.
repeated episodes of deterioration or decompensation in work or work-like
settings which cause the individual to withdraw from that situation or to
experience exacerbation of signs and symptoms (which may include deterioration
of adaptive behaviors); or
(c) Medically documented history of one or
more episodes of acute symptoms, signs and functional limitations which at the
time met the requirements in 106 CMR 703.192 (L0(3)(a) and (b), although these
symptoms or signs are currently attenuated by medication or psychosocial
support, and one of the following:
1.
repeated episodes of deterioration or decompensation in situations which cause
the individual to withdraw from the situation or to experience exacerbation of
signs or symptoms (which may include deterioration of adaptive behaviors);
or
2. documented current history of
two or more years inability to function outside of a highly supportive living
situation.
(4)
Affective Disorders. Characterized by a disturbance of
mood, accompanied by a full or partial manic or depressive syndrome. Mood
refers to a prolonged emotion that colors the whole psychic life, generally
involving either depression or elation.
The required level of severity for these disorders is met when
the requirements in 106 CMR 703.192(L)(4)(a) and (b) are satisfied, and they
are expected to last at least 30 days.
(a) Medically documented persistence, either
at least one of the following:
1. depressive
syndrome characterized by at least three of the following:
a. anhedonia or pervasive loss of interest in
almost all activities;
b. appetite
disturbance with change in weight;
c. sleep disturbance;
d. psychomotor agitation or
retardation;
e. decreased
energy;
f. feelings of guilt or
worthlessness;
g. difficulty
concentrating or thinking;
h.
thoughts of suicide; or
i.
hallucinations, delusions or paranoid thinking; or
2. Manic syndrome characterized by at least
two of the following:
a.
hyperactivity;
b. pressure of
speech;
c. flight of
ideas;
d. inflated
self-esteem;
e. decreased need for
sleep;
f. easy
distractibility;
g. involvement in
activities that have a high probability of painful consequences which are not
recognized; or
h. hallucinations,
delusions or paranoid thinking; or
3. Bipolar syndrome with a history of
episodic periods manifested by the full symptomatic picture of both manic and
depressive syndromes (and currently characterized by either or both syndromes);
and
(b) Resulting in at
least one of the following:
1. marked
restriction of activities of daily living;
2. marked difficulties in maintaining social
functioning;
3. deficiencies of
concentration, persistence or pace resulting in frequent failure to complete
tasks in a timely manner (in working settings or elsewhere); or
4. repeated episodes of deterioration or
decompensation in work or work-like settings which cause the individual to
withdraw from that situation or to experience exacerbation of signs and
symptoms (which may include deterioration of adaptive behaviors).
(5)
Mental
Retardation and Autism. Mental retardation refers to a
significantly subaverage general intellectual functioning with deficits in
adaptive behavior initially manifested during the developmental period (before
22 years of age). (Note: The scores specified in 106 CMR 703.192(L)(5)(a)
through (d) refer to those obtained on the WAIS, and are used only for
reference purposes. Scores obtained on other standardized and individually
administered tests are acceptable, but the numerical values obtained must
indicate a similar level of intellectual functioning.) Autism is a pervasive
developmental disorder characterized by social and significant communication
deficits originating in the developmental period.
The required level of severity for this disorder is met when
the requirements in 106 CMR 703.192(L)(5)(a), (b), (c), or (d) are
satisfied.
(a) Mental incapacity
evidenced by dependence upon others for personal needs, e.g.,
toileting, eating, dressing, or bathing, an inability to follow directions,
such that the use of standardized measures of intellectual functioning is
precluded;
(b) A valid verbal,
performance, or full scale IQ of 59 or less;
(c) A valid verbal, performance, or full
scale IQ of 60 through 69 and a physical or other mental impairment imposing
additional and significant work-related limitation of function; or
(d) A valid verbal, performance, or full
scale IQ of 60 through 69 or in the case of autism, gross deficits of social
and communicative skills with one of the following:
1. marked restriction of activities of daily
living;
2. marked difficulties in
maintaining social functioning;
3.
deficiencies of concentration, persistence or pace resulting in frequent
failure to complete tasks in a timely manner (in work settings or elsewhere);
or
4. repeated episodes of
deterioration or decompensation in work or work-like settings which cause the
individual to withdraw from that situation or to experience exacerbation of
signs and symptoms (which may include deterioration or adaptive
behaviors).
(6)
Anxiety Related Disorders. In these disorders, anxiety
is either the predominant disturbance or it is experienced if the individual
attempts to master symptoms; for example, confronting the dreaded object or
situation in a phobic disorder or resisting the obsessions or compulsions in
obsessive compulsive disorders.
The required level of severity for these disorders is met when
the requirements in 106 CMR 703.192(L)(6)(a) and (b) are satisfied, or when the
requirements in 106 CMR 703.192(L)(6)(a) and (c) are satisfied, and the
incapacity is expected to last at least 30 days.
(a) Medically documented findings of at least
one of the following:
1. generalized
persistent anxiety accompanied by two out of four of the following signs or
symptoms:
a. motor tension;
b. autonomic hyperactivity;
c. apprehensive expectation; or
d. vigilance and scanning; or
2. a persistent irrational fear of
a specific object, activity, or situation;
3. recurrent severe panic attacks manifested
by a sudden unpredictable onset of intense apprehension, fear, terror and sense
of impending doom occurring on the average of at least once a week;
4. recurrent obsessions or compulsions which
are a source of marked distress; or
5. recurrent and intrusive recollections of a
traumatic experience, which are a source of marked distress; and
(b) Resulting in at least one of
the following:
1. marked restriction of
activities of daily living;
2.
marked difficulties in maintain social functioning;
3. deficiencies of concentration, persistence
or pace resulting in frequent failure to complete tasks in a timely manner (in
work settings or elsewhere); or
4.
repeated episodes of deterioration or decompensation in work or work-like
settings which cause the individual to withdraw from that situation or to
experience exacerbation of signs and symptoms (which may include deterioration
of adaptive behaviors); or
(c) resulting in complete inability to
function independently outside the area of one's home.
(7)
Psychophysiological
Disorders. Physical symptoms for which there are no demonstrable
organic findings or known physiological mechanisms.
The required level of severity for these disorders is met when
the requirements of 106 CMR 703.192(L)(7)(a) and (b) are satisfied, and the
incapacity is expected to last for at least 30 days.
(a) Medically documented by evidence of one
of the following:
1. a history of multiple
physical symptoms of several years duration, beginning before age 30, that have
caused the individual to take medicine frequently, see a physician often and
alter life patterns significantly;
2. persistent nonorganic disturbance of one
of the following:
a. vision;
b. speech;
c. hearing;
d. use of a limb;
e. movement and its control
(e.g., coordination disturbance, psychogenic seizures,
akinesia, dyskinesia); or f. sensation (e.g., diminished or
heightened); or
3.
Unrealistic interpretation of physical signs or sensations associated with the
preoccupation or belief that one has a serious disease or injury; and
(b) Resulting in two of the
following:
1. marked restriction of activities
of daily living;
2. marked
difficulties in maintaining social functioning;
3. deficiencies of concentration, persistence
or pace resulting in frequent failure to complete tasks in a timely manner (in
work settings or elsewhere); or
4.
repeated episodes of deterioration or decompensation on work or work-like
settings which cause the individual to withdraw from that situation or to
experience exacerbation of signs and symptoms (which may include deterioration
of adaptive behavior).
(8)
Personality
Disorders. A personality disorder exists when personality traits
are inflexible and maladaptive and cause either significant impairment in
social or occupational functioning or subjective distress. Characteristic
features are typical of the individual's long term functioning and are not
limited to discrete episodes of illness.
The required level of severity for these disorders is met when
the requirement of 106 CMR 703.192(L)(8)(a) and (b) are satisfied, and the
incapacity is expected to last at least 30 days.
(a) Deeply ingrained, maladaptive patterns of
behavior associated with one of the following:
1. seclusiveness or autistic
thinking;
2. pathologically
inappropriate suspiciousness or hostility;
3. oddities of thought, perception, speech
and behavior;
4. persistent
disturbances of mood or affect;
5.
pathological dependence, passivity, or aggressivity; or
6. intense and unstable interpersonal
relationships and impulsive and damaging behavior; and
(b) Resulting in two of the following:
1. marked restriction of activities of daily
living;
2. marked difficulties in
maintaining social functioning;
3.
deficiencies of concentration, persistence or pace resulting in frequent
failure to complete tasks in a timely manner (in work settings or elsewhere);
or
4. repeated episodes of
deterioration or decompensation in work or work-like settings which cause the
individual to withdraw from that situation or to experience exacerbation of
signs and symptoms (which may include deterioration of adaptive
behavior).
(9)
Substance Addiction Disorders. Physical changes or
behavioral changes associated with the regular use of legal substances that
affect the central nervous system when accompanied by an impairment listed
elsewhere in these standards.
The required level of severity for these substance addiction
disorders is met when the requirements in any of the following disorders in 106
CMR 703.192(L)(9)(a) through (i) are satisfied, and the incapacity is expected
to last for at least 30 days.
(a)
Organic Mental Disorders. Evaluate under Dementia with
or without Delirium (106 CMR 703.192(L)(2)) .
(b)
Depressive
Syndrome. Evaluate under Affective Disorders (106 CMR
703.192(L)(4)) .
(c)
Anxiety Disorders. Evaluate under Anxiety Related
Disorders (106 CMR 703.192(L)(6)) .
(d)
Personality
Disorders. Evaluate under Personality Disorders (106 CMR
703.192(L)(8)) .
(e)
Peripheral Neuropathies. Evaluate under Neurological
System Impairments (106 CMR 703.192(K)) .
(f)
Liver Damage.
Evaluate under Digestive System Impairments (Diseases of the Liver) (106 CMR
703.192(E)(2)) .
(g)
Gastritis. Evaluate under Digestive System Impairments
(Diseases of the Liver) (106 CMR 703.192(E)(2)) .
(h)
Pancreatitis.
Evaluate under Digestive System Impairments (Gastrointestinal Disorders) (106
CMR 703.192(E)(1)) .
(i)
Seizures. Evaluate under Neurological System
Impairments (Epilepsy - Major Motor Seizure and Epilepsy - Minor Motor Seizure)
(106 CMR 703.192(K)(2) and (3)) .
(M)
Immuno-suppressive
Disorders.
(1)
Indicator Diseases Diagnosed Definitively. The
required level of incapacity associated with the following is met when the
incapacity is expected to last for at least 30 days.
(a)
Candidiasis of
the esophagus, trachea, bronchi, or lungs.
(b)
Coccidioidomycosis, disseminated (at a site other than
or in addition to lungs or cervical or hilar lymph nodes).
(c)
Cryptococcosis,
extrapulmonary.
(d)
Cryptosporidiosis with diarrhea persisting over one
month.
(e)
Cytomegalovirus disease of an organ other than liver,
spleen, lymph nodes in an individual over one month of age.
(f)
Genital Herpes,
chronic, recurrent, wide spread, resistant to therapy.
(g)
Herpes Simplex
virus infection causing a mucocutaneous ulcer that persists longer than one
month, or bronchitis, pneumonitis, or esophagitis for any duration affecting an
individual over one month of age.
(h)
HIV
Encephalopathy (also called "HIV dementia", "AIDS dementia", or
"subacute encephalitis due to HIV").
(i)
Histoplasmosis,
disseminated (at a site other than or in addition to lungs or cervical or hilar
lymph nodes).
(j)
Isoporiasis with diarrhea persisting over one
month.
(k)
Kaposi's
Sarcoma at any age.
(l)
Leukoencephalopathy, progressive multifocal
leukoencephalopathy.
(m)
Lymphoma of the Brain (primary) at any age.
(n)
Lymphoid Interstitial
Pneumonia and/or Pulmonary Lymphoid Hyperplasia
(LIP/PLH complex) affecting a child younger than 13 years
old.
(o) Any
Mycobacterial Disease caused by mycobacteria other
than M. Tuberculosis, disseminated (at a site other than or in
addition to lungs, skin, or cervical or hilar lymph nodes).
(p)
Pneumocystis Carinii
Pneumonia.
(q)
Pelvic Inflammatory Disease, chronic, recurrent,
resistant to therapy.
(r)
Salmonella (Nontyphoid) septicemia,
recurrent.
(s)
Systemic
Toxoplasmosis.
(t)
Toxoplasmosis of the brain.
(u) One of the following with documented HIV
infection:
1.
Anal Squamous Cell
Carcinoma;
2.
Invasive Carcinoma of Cervix FIGO stage II or
more;
3.
Nocardiosis;
4.
Non-Hodgkins
Lymphoma; or
5.
Strongyloidiasis, extra-intestinal.
(2) Individuals should
be considered to have an impairment that equals the severity of the listings
with or without documented evidence of HIV infection and must have the
following laboratory and clinical features:
(a)
A T4 Lymphocyte Count of Less
than or Equal to 200 Cells/mm3 (or 25% or less T4 lymphocytes);
or
(b) One or more of the following
persisting over a two-month period:
1.
Anemia (Hematocrit value less than 30%);
2.
Granulocytopenia
(absolute neutrophil count less than or equal to 1000/mm3);
3.
Thrombocytopenia
(platelet count less than or equal to 40,000/mm3);
4.
Documented Fever
(daily greater than or equal to 100.4°F or 38°C);
5.
Undesired Weight
loss greater than or equal to 10% of baseline;
6.
Oral Recurrent
Candidiasis;
7.
Oral hairy leukoplakia;
8.
Recurrent Herpes
Zoster;
9.
Persistent, Unresponsive Diarrhea;
10.
Mucosal
(including vulvovaginal candidiasis other than listed in 106 CMR
703.192(M)(1)(a) or new added vulvovaginal conditions);
11. Persistent dermatological conditions such
as Eczema or psoriasis; or
12. Persistent or recurrent radiographically
documented Sinusitis; and
(c) Interference with activities of daily
living resulting in marked restriction of activities such that the individual
needs help with most activity including climbing stairs, shopping, cooking and
housework.
(N)
Neoplastic Diseases - Malignant. Intractable pain,
and/or ongoing therapy side effects, disease process or treatment which has
caused a disability covered elsewhere in these standards.
(O)
Medically Equivalent
Impairment(s) and Combinations of Impairments.
(1) If an applicant or client has an
anatomical, physiological or psychological impairment(s) that is not
specifically included in the medical standards specified in 106 CMR 703.192(A)
through (N) but is documented by medically acceptable clinical and/or
diagnostic techniques and is medically equal in severity to a medical standard,
the applicant or client shall be considered as having impairment that meets a
medical standard for purposes of
106 CMR
703.191. For purposes of determining if an
impairment is medically equal in severity to a medical standard, the medical
standard that is most closely analogous to the impairment shall be
used.
(2) In making the
determination required by 106 CMR 703.192(O)(1), the applicant's or client's
description of his or her symptoms (including pain) shall be taken into
consideration to the extent that:
(a) such
symptoms are the result of a physical or mental impairment(s) as defined in 106
CMR 703.192 that is confirmed by acceptable clinical and/or laboratory
diagnostic techniques; and
(b) such
physical or mental impairments could reasonably produce such symptoms.
An applicant or client must have a physical or mental
impairment to be determined disabled. Symptoms alone are not
sufficient.
(3) If
a specific medical finding required to meet a medical standard specified in 106
CMR 703.192(A) through (N) is not indicated by the competent medical authority
(see
106 CMR
701.600: Definition of
Terms) on the medical report but a medical finding of equal clinical
significance is indicated, the latter medical finding may be substituted for
the required medical finding.
(4)
If an applicant or client has more than one impairment and none of the
impairments separately are medically equivalent to a medical standard specified
in 106 CMR 703.192(A) through (N), the impairments shall be considered to meet
a medical standard if they, in combination with each other, are medically
equivalent to a medical standard. For purposes of determining if an impairment
is medically equal in severity to a medical standard, the medical standard that
is most closely analogous to the combined impairments shall be used.