7 AAC 40.180 - Initial determination of disability
(a) An applicant
whose disability is being determined by the department under
7
AAC 40.170(b) must be examined by a
psychiatrist or other physician who has entered into a current provider
agreement under
7
AAC 43.065. The results of the examination must be
provided on a form approved by the department.
(b) The department will make a determination
of whether the applicant is disabled based on
(1) a medical review by the department as to
whether the applicant is likely to be found disabled by the Social Security
Administration, including whether the applicant's impairment meets
(A) the SSI program's presumptive disability
criteria under 20 C.F.R.
416.934, as revised as of September 1, 2013,
and adopted by reference; or
(B)
Social Security Administration disability criteria for the listings of
impairments described in 20 C.F.R. 404, subpart P, appendix 1, as revised as of
September 1, 2013, and adopted by reference;
(2) medical evidence provided by the
applicant or obtained by the department;
(3) other evidence provided by the applicant
under 7 AAC 40.050, if applicable; and
(4) a review of the written
results of the psychiatrist's or other physician's examination under (a) of
this section.
(c) In
determining whether an applicant's disability meets the criteria set out in
(b)(1)(B) of this section, the department will consider whether the
(1) the applicant's condition is listed as an
impairment category described in (b)(1)(B) of this section;
(2) medical information obtained under (b) of
this section documents the applicant's impairment;
(3) impairment affects the applicant's
activities of daily living;
(4)
the applicant can perform any other work, including sedentary work; and
(5) the applicant's impairment has
lasted or is expected to last for a continuous period of not less than 12
months.
Notes
The criteria for the listings of impairments described in 7 AAC 40.180(b) (1)(B) may also be obtained at www.ssa.gov/disability/professionals/blue book.
Authority:AS 47.05.010
AS 47.25.430
AS 47.25.450
AS 47.25.455
AS 47.25.460
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