Disability Law Blog

Comparison Charts for New Neoplastic Disease Listings

Here are links to two charts (for adults and children) comparing the old listings for malignant neoplastic diseases to the new listings. The new listings were published in the Federal Register on November 15, 2004 and are effective on December 15, 2004.

Caveat: I didn't prepare either chart so I can't vouch for their accuracy:

• Comparison Chart for Adult Malignant Neoplastic Disease Listings

• Comparison Chart for Children's Malignant Neoplastic Disease Listings

(Update:  Some readers let me know that the files were password-protected and could not be downloaded.  I think the problem has been fixed.)

Shinn ex rel. Shinn v. Commissioner, No. 03-14229 (11th Cir. Nov. 30, 2004)

The Eleventh Circuit, in an opinion by Circuit Judge Gerald B. Tjoflat, holds that testimony of a nonmedical source "concerning the repeated onset of what, to all outward appearances, seem to be pain crises or vaso-occlusive crises" should have been considered by the ALJ in determining whether a child's SSI claimant met the listing for sickle cell disease (listing 107.05). Nonmedical evidence is permissible under 20 C.F.R. § 416.928 to prove the existence of symptoms, and the Court holds that vaso-occlusive crises are a symptom of sickle cell disease. While the regulations regarding nonmedical source testimony are "intricate, confusing, and fail to provide a clear answer . . ."

The ALJ erred in failing to consider the testimony of Yvonne’s mother. . . . [Her] testimony suggests that Yvonne suffered episodes that closely resemble those Dr. Wall specifically warned “could” happen, fit the description of vaso-occlusive episodes, were treated as vaso-occlusive episodes, and resemble other crises for which Yvonne was hospitalized that were expressly declared vaso-occlusive episodes by medical personnel. Once the testimony of Yvonne’s mother is considered, it builds a persuasive case that Yvonne suffered from "recent, frequent severe vaso-occlusive crises."

The case is remanded for a new hearing.

Note:  For more on Judge Tjoflat, read Howard Bashman's 20 Questions published August 4, 2003.

SSA Announces Proposed Rules Revising Listings for Genitourinary Impairments

SUMMARY: We propose to revise the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving genitourinary impairments. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The proposed revisions reflect advances in medical knowledge, treatment, and methods of evaluating genitourinary impairments.

The comment period ends October 22, 2004.

Available in text and PDF.

69 FR 51777-51784 (August 23, 2004)

Revised listing for Lou Gehrig's Disease (ALS)

SSA has revised the listing for Amyotrophic Lateral Sclerosis (ALS) (text and pdf):

"For the reasons we explain below, we are revising listing 11.10, our listing for ALS, in our neurological body system listings. The new listing provides that we will find you disabled if you have medical evidence that shows that you have ALS. Because of this change, we are also making two additional changes:

• We are adding a new section 11.00G to the introductory material to the neurological listings to provide information about ALS and the evidence we need so that we can evaluate ALS under the new listing.
• We are amending Sec. 416.934 of our regulations to include ALS on the list of "specific impairment categories'' our field offices and State agencies use to make findings of presumptive disability under the Supplemental Security Income (SSI) program. This change will allow us to make findings of presumptive disability in claims involving allegations of ALS, without obtaining any medical evidence."

With this change, many claimants will be able to qualify for Medicare sooner, especially in light of the elimination in 2000 of the 24 month waiting period for Medicare eligibility.