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SSA rescinds Social Security Ruling 93-2p regarding HIV infection

In accordance with 20 CFR 402.35(b)(1), Acting Commissioner of Social Security Nancy A. Berryhill gives notice of the rescission of Social Security Ruling (SSR) 93-2p effective March 15, 2017.

SSR 93-2p provides guidance about evaluating duration in cases meeting or equaling the human immunodeficiency virus (HIV) infection listings. It instructs that with acceptable documentation of HIV infection as described in the introductory text to the listings in the immune body system, an individual who has an impairment that meets or equals one of the criteria in the listings for HIV infection has an impairment that is considered permanent or expected to result in death. In these cases, a separate durational finding is not required, and evidence showing that the impairment has lasted or is expected to last for a continuous period of at least 12 months is unnecessary.

On December 2, 2016, the SSA published a final rule, Revised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System Disorders, in the Federal Register at 81 Fed. Reg. 86915. The final rule revises the listing criteria under which the agency evaluates impairments related to HIV infection (§§14.11 for adults and 114.11 for children, formerly §§14.08 and 114.08, respectively). These updates reflect the advances in medical treatment of and expected outcomes for people with HIV infection since the SSA last revised its listings for HIV infection. At the time the agency originally published SSR 93-2p, medical outcomes for individuals infected with HIV were sufficiently unfavorable that it could reasonably assume that all impairments meeting or equaling the HIV listings either were permanent or would result in death. However, due to medical advances and the resulting updates to the criteria in the listings, this is no longer a proper assumption for the SSA to make. The final rule became effective January 17, 2017. Consequently, the SSA is rescinding SSR 93-2p as obsolete.

For further information, contact Cheryl A. Williams, Office of Disability Policy, Office of Medical Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 966-4163.