Disability Law Blog

SSA Issues SSR 05-03p Regarding Medical Improvement at Step 2 in Child's Disability Claims

The Social Security Administration has published Social Security Ruling (SSR) 05-03p, entitled "Title XVI: Determining Continuing Disability at Step 2 of the Medical Improvement Review Standard Sequential Evaluation Process for Children Under Age 18--Functional Equivalence." The purpose of the ruling is "to explain our policies for determining continuing disability at step 2 of the medical improvement review standard (MIRS) sequential evaluation process for children under 20 CFR 416.994a(b)(2) and to explain how we apply the functional equivalence rule at step 2."

Effective April 27, 2005.

Available in text and PDF.

70 FR 21833-21835 (April 27, 2005)

Social Security Administration Issues SSR 05-02 Regarding SGA and Unsuccessful Work Attempts

The Social Security Administration has issued Social Security Ruling (SSR) 05-02 which supersedes SSR 84-25:

Both SSR 84-25 and the regulations state that there must be a significant break in the continuity of your work before we will consider you to have begun a work attempt that later proved unsuccessful. However, SSR 84-25 and the regulations do not address how the UWA significant break concept should be applied in your initial disability case when your prior work activity stopped before onset of your impairment or where you had no prior work activity. This revised Ruling addresses these issues under the section "Event That Must Precede a UWA'' and removes outdated material from the "PERTINENT HISTORY'' section of SSR 84-25.

Available in text and PDF

70 FR 9692-9694 (February 28, 2005)

Social Security Ruling 05-1C: Barnart v. Thomas and Past Relevant Work

SSA has issued Social Security Ruling (SSR) 05-1C regarding Barnhart v. Thomas, 540 U.S. 20, 124 S.Ct. 376 (2003):

That decision affirmed as reasonable SSA's interpretation of sections 223(d)(2)(A) and 1614(a)(3)(B) of the Social Security Act (42 U.S.C. 423(d)(2)(A) and 1382c(a)(3)(B)) that an individual who remains physically and mentally able to do his or her past relevant work will be found not disabled, without the need for SSA to investigate whether that previous work exists in the national economy.

SSR 05-1c is effective February 15, 2005.

Available in text and PDF

70 FR 7787-7790 (February 15, 2005)

Acquiescence Ruling 03-1(7): Blakes v. Barnhart, 331 F.3d 565 (7th Cir. 2003) and 12.05/112.05

SSA has published an Acquiescence Ruling in the case of Blakes v. Barnhart, 331 F.3d 565 (7th Cir. 2003). In Blakes, the Court held that the revised version of listing 112.05 (published August 21, 2000 and effective September 20, 2000) required that the claimant's impariment satisfy the diagnostic description of the introductory paragraph to the listing but that the earlier version of the listing did not. SSA's interpretation differs:

Our interpretation of the pre-September 20, 2000, version of Listings 12.05 and 112.05 is the same as our interpretation of the current listings. The diagnostic description of mental retardation contained in the introductory paragraph of these Listings, or "capsule definition,'' is an integral part of their criteria, as in all of the mental disorders listings.

Other bases for disagreement are included in the AR. The new ruling applies only to cases in Indiana, Illinois and Wisconsin.

Available in text and pdf formats.

68 FR 74279-74280 (Dec. 23, 2003)

Revised Ruling re Disability Benefits for those Age 65 or Older

SSA has published SSR 03-3p regarding the way claims for disability benefits should be evaluated for claimants 65 or older. An excerpt:

Background: Section 216(l) of the Act phases in a gradual increase in the full retirement age from age 65 to age 67. These changes first affect individuals who were born in 1938; that is, who turn age 65 in 2003. By 2027, the incremental increases will be complete, and a full retirement age of 67 will be applicable to all individuals who were born in 1960 or later. These provisions do not change the age at which an individual can take early retirement at a reduced benefit amount, which remains at age 62. Under title II, an individual can establish entitlement to benefits based on disability or blindness until the month in which he or she attains full retirement age. Therefore, as a result of the increases in the full retirement age, we will be processing some disability claims under title II of the Act for individuals who are aged 65 or older.

Note:   This ruling supercedes SSR 99-3p.

New Reflex Sympathetic Dystrophy Ruling

SSA has issued a new ruling regarding RSD (text or pdf).

New SSR 03-1p: Development and Evaluation of Disability Claims Involving Postpolio Sequelae

SSA has issued a new ruling addressing Postpolio Sequelae. (text or pdf) An excerpt:

Postpolio sequelae refer to the documented residuals of acute polio infection, as well as other disorders that have an etiological link to either the acute polio infection or to the chronic deficits that resulted from the infection. These disorders typically manifest late in the lives of polio survivors, and include such things as postpolio syndrome (also known as the late effects of poliomyelitis), the early presence of advanced degenerative arthritis, sleep disorders, respiratory insufficiency, and various mental disorders.