[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Page 13914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05111]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2007-0082]
Rescission of Social Security Ruling 93-2p; Policy Interpretation
Ruling; Titles II and XVI: Evaluation of Human Immunodeficiency Virus
Infection
AGENCY: Social Security Administration.
ACTION: Notice of rescission of Social Security Ruling, 93-2p.
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SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Acting
Commissioner of Social Security gives notice of the rescission of
Social Security Ruling (SSR) 93-2p.
DATES: Effective Date: This rescission is effective March 15, 2017.
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. For information on eligibility or filing for benefits,
call our national toll-free number 1-800-772-1213, or TTY 1-800-325-
0778, or visit our Internet site, Social Security online, at http://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: Through SSRs, we make available to the
public precedential decisions relating to the Federal old-age,
survivors, disability, supplemental security income, and special
veterans benefits programs. We may base SSRs on determinations or
decisions made at all levels of administrative adjudication, Federal
court decisions, Commissioner's decisions, opinions of the Office of
General Counsel, or other interpretations of the law and regulations.
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 expected to last for
a continuous period of at least 12 months is unnecessary.
On December 2, 2016, we 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 FR 86915. The final rule revises the
listing criteria under which we evaluate 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
we last revised our listings for HIV infection. At the time we
originally published SSR 93-2p, medical outcomes for individuals
infected with HIV were sufficiently unfavorable that we 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 us to make. The
final rule became effective January 17, 2017. Id., at 86915.
Consequently, we are rescinding SSR 93-2p as obsolete.
(Catalog of Federal Domestic Assistance Programs Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; 96.006--
Supplemental Security Income)
Nancy A. Berryhill,
Acting Commissioner of Social Security.
[FR Doc. 2017-05111 Filed 3-14-17; 8:45 am]
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