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CCH® UNEMPLOYMENT INSURANCE — 5/2/16

SSA issues Social Security Ruling on using genetic test results to evaluate disability

The SSA has issued Social Security Ruling (SSR) 16-4p. This SSR explains how the agency considers the results of genetic tests in disability claims and continuing disability reviews (CDRs) under Titles II and XVI of the Social Security Act, consistent with its policies for determination of disability. SSR 16-4p became effective on April 13, 2016.

In all claims for disability, the SSA needs objective medical evidence to establish the existence of a medically determinable impairment (MDI). Genetic test results sometimes are a part of this objective medical evidence and can also be of value at other points in the sequential evaluation process. In this ruling, the SSA provides basic information about genetic testing and clarifies how the agency applies its policies when evaluating genetic test results found in the medical evidence of record (MER).

The SSA considers all medical evidence, including genetic test results, when evaluating a claim for disability benefits. The information in the SSR is presented in question and answer format and provides details about medical genetics and how to consider the MER containing genetic test results under the SSA’s disability policy. The questions are set forth below. The SSA’s responses follow the list of questions. Questions 1 through 3 ask for basic background information about genetic tests and their use in the medical setting. Question 4 asks about the relevance of genetic test results to the SSA’s disability program. Question 5 asks whether genetic test results alone are sufficient to make a disability determination. Question 6 asks about the purchase of genetic testing by the agency. Questions 7 through 11 ask how adjudicators should handle evidence containing genetic test results at various points of the adjudication process. Question 12 addresses SSA policy on the disclosure of genetic information.

For further information, contact Dan O'Brien, Office of Disability Policy, Office of Vocational Evaluation and Process Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235- 6401, (410) 597-1632 (81 Fed. Reg. 21944, April 13, 2016).