US Scraps Rule on Medication in Disability Reviews
The U.S. government has rescinded an interim rule that required an "evaluative rating" of medication's impact in disability determinations. The change signals a return to a more nuanced, individualized consideration of how medication affects a person's functioning in special education and workplace contexts.
The now-rescinded rule for veterans was set to assess disability based on a person's level of function *while* using medication. This approach, which briefly became effective on February 17, 2026, before being rescinded on February 27, 2026, would have reversed a decade of court precedents that generally prevented examiners from factoring in the benefits of medication unless it was a specific criterion for that condition. This policy faced immediate and fierce opposition, generating over 18,000 public comments in a short period. Critics, including veterans' groups and members of Congress, argued it would force individuals to choose between following their prescribed treatment and maintaining their disability rating and compensation. In contrast, Social Security disability determinations are required to consider the side effects of medication as a potential contributor to a person's inability to work. An administrative law judge may view the type of medication prescribed as an indicator of the severity of the underlying health condition. Severe side effects like fatigue, confusion, or nausea can be considered symptoms that impact an individual's capacity for employment. For students, eligibility for a 504 plan operates under a different framework established by the ADA Amendments Act of 2008. This act mandates that schools must evaluate a student's disability and its impact on major life activities *without* considering the positive effects of mitigating measures, such as medication. This means a student with ADHD whose symptoms are well-managed by medication is still entitled to a 504 plan if their condition would substantially limit activities like concentrating or learning without that treatment. The evaluation is based on their underlying level of impairment, ensuring supports are available regardless of their treatment status.
