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The Social Security Administration (SSA) is revising criteria in the Listing of Impairments used to evaluate claims. These changes will affect Social Security Disability claims involving digestive and skin disorders.
Why Is the SSA Revising the Listing?
This is part of the SSA’s ongoing audit of the Listing of Impairments. The purpose is to update the medical criteria used to evaluate these claims and clarify how certain disorders are evaluated.
When Will These Changes Take Effect?
The revised medical criteria will take effect on October 6, 2023. The delay will allow SSA adjudicators time to receive training and guidance related to the new rules. The new rules will apply to all new applications, pending claims, and continuing disability reviews (CDR) as of the effective date.
What Changes Are Being Made?
Several changes are being made to the criteria used to evaluate digestive and skin disorders:
Digestive Disorders
Hepatopulmonary syndrome: Revised the regulatory text for hepatopulmonary syndrome to describe relevant clinical findings associated with this complication of chronic liver disease (CLD) (5.00C2 and 105.00C2 (Manifestations of CLD)).
SSA Chronic Liver Disease (SSA CLD) and SSA Chronic Liver Disease Pediatric (SSA CLD–P) scores:
- Modified the SSA CLD calculation. Added a sentence to clarify that if you have the two SSA CLD scores required by 5.05G (‘‘Two SSA CLD scores’’) and 105.05G1 (‘‘For children age 12 and older’’), we will find that your impairment meets the criteria of the listing from at least the date of the first SSA CLD score (5.00C3 (SSA Chronic Liver Disease (SSA CLD) score) and 105.00C3 (SSA Chronic Liver Disease (SSA CLD) and SSA Chronic Liver Disease-Pediatric (SSA CLD–P) scores); 5.05G (‘‘Two SSA CLD scores’’) and 105.05G1 (‘‘For children age 12 or older’’).
- Removed the reference to SSA CLD–P scores in 105.05G1 (“For children aged 12 or older”).
Inflammatory bowel disease (IBD): Added perianal disease and extraintestinal manifestations with examples for each. We also clarified the consideration of surgical diversion of the intestinal tract (5.00D and 105.00D (What is inflammatory bowel disease (IBD), and how do we evaluate it under 5.06/105.06)). Retained the consideration of anemia and serum albumin from the current criteria in revised listings 5.06B1, 5.06B2, 105.06B1 and 105.06B2.
Supplemental nutrition: Expanded the listing introductory text and criteria for the alternative method of supplemental daily enteral nutrition to meet the listing to include duodenostomy or jejunostomy (5.06B and 105.06B (‘‘Two of the following occurring within a consecutive 12- month period’’) and 105.10 (Need for supplemental daily enteral feeding via a gastrostomy, duodenostomy, or jejunostomy)).
Intestinal failure: Expanded the listing introductory text and criteria for short bowel syndrome (SBS) to include intestinal failure and added descriptions of different types of intestinal failure (5.00E and 105.00E (What is intestinal failure, and how do we evaluate it under 5.07/105.07?); 5.07 and 105.07 (Intestinal failure)).
Weight loss due to any digestive disorder:
- Retained the current criteria for weight loss due to any digestive disorder rather than finalizing the proposed criteria for malnutrition due to any digestive disorder (5.00F (How do we evaluate weight loss due to any digestive disorder under 5.08?) and 5.08 (Weight loss due to any digestive disorder).
- Updated the language in the listing text to refer to ‘‘adherence to prescribed medical treatment” instead of “continuing treatment as prescribed,” for consistency with medical terminology and the changes we made to the skin disorders listings.
- Added language to the introductory text in 5.00F (How do we evaluate weight loss due to any digestive disorder under 5.08?) and 105.00F (How do we evaluate growth failure due to any digestive disorder under 105.08?) to explain how the SSA considers weight loss or growth failure due to impairments other than digestive disorders.
Chronic liver disease: Reorganized the criteria in 5.05A and 105.05A (“Hemorrhaging from esophageal, gastric, or ectopic varices”) to use an outline format rather than text paragraphs. This change is intended to improve clarity and readability, but there were no substantive changes to the criteria.
References to BMI in other body systems: As we finalize revisions to the digestive disorders listings, we are revising cross references in other body systems to correct citations to the BMI formula because they will be outdated once this rule is effective. Specifically, we made these revisions to 6.00C7, 14.00F5, 100.00C2c, 103.00K2c, 104.00C3b(iii), 106.00C5b(iii), and 114.00F7b(iii).
Skin Disorders
Definitions: Added assistive devices used in a seated position to the list of examples of assistive devices and added a definition for exacerbation (8.00B and 108.00B (What are our definitions for the following terms used in this body system?)).
Evidence: Clarified that the SSA considers any available history of familial incidence (8.00C and 108.00C (What evidence do we need to evaluate your skin disorder?)).
Functional criteria: Clarified that the inability to perform fine and gross movements is due to chronic skin lesions or contractures, consistent with the other two functional criteria (8.00D2 and 108.00D2 (Limitation(s) of physical functioning due to skin disorders)).
Adherence to prescribed treatment: Changed the term ‘‘physician’’ to ‘‘medical source’’ in 8.00D5b and 108.00D5b (Despite adherence to prescribed medical treatment for 3 months) to include treatment prescribed by any medical source.13
Burns: Removed the “third degree” qualifier in front of burns. (8.00F and 108.00F (How do we evaluate burns under 8.08/108.08); 8.08 and 108.08 (Burns)).
Improving Clarity and Readability: Revised the language in 8.07B2 and 108.07B2 (‘‘Chronic skin lesions or contractures’’), 8.08 and 108.08 (Burns), and 8.09 and 108.09 (Chronic conditions of the skin or mucous membranes) to remove repetitive language and make the criteria easier to understand and apply.
Get Help with Your Social Security Disability Claim
If you are seeking Social Security Disability Insurance benefits for a digestive or skin disorder, the Ortiz Law Firm can help. Nick Ortiz is an experienced disability attorney who can represent claimants anywhere in the United States. Social Security is a federal program, so you don’t have to hire a lawyer in your state. Call us at (888) 321-8131 to schedule your free case evaluation today.