Question on Section 12.04C(2) of the Listings

[jcse]

Does anyone have familiarity with this section of the Listings? My reading is that an individual must have, inter alia, an affective disorder of at least 2 years' duration [etc. etc.,] AND a residual disease process, [etc. etc].

My colleagues say that the affective disorder and the residual disease process are in fact one in the same. But if that is the case, why is there an "and" in the clause?

Any comments would be appreciated.

[chieftain]

I agree with your interpretation. The "and" is there for a reason.

[valkyrie]

This is one of the silly listings that basically says, "the claimant meets the listing if he/she is disabled." 12.04C1 requires repeated severe nervous breakdowns. 12.04C2 essentially requires a specialist's opinion that even minimally demanding work will cause the claimant to have a severe nervous breakdown, and 12.04C3 requires the claimant to be living in some sort of 24 hour care environment. If a claimant meets any of these criteria, he/she almost assuredly meets the criteria of 12.04A1, 2 , or 3.

Its kind of like the 12.06C criteria of, "Resulting in complete inability to function independently outside the area of one's home."

If we have to determine the disability status of an individual who is medically unable to leave his/her home or assisted living facility, the situation had better have occurred AFTER the reconsideration determination.

[jcse]

Thanks, Valkyrie; that makes it clearer. I would think that having an affective disorder of at least 2 years' duration, which has caused more than a minimal limitation of ability to do basic work activities, and the need for both medication and psychosocial support, would in itself constitute evidence of a "residual disease process" ~ which confused me as to the meaning of "disease process" ?? It never ceases to amaze me how, after all these years since the C criteria was promulgated, the preamble on Paragraph 12.00 still only defines the B, not the C criteria.