[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Page 13914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05111]



[Docket No. SSA-2007-0082]

Rescission of Social Security Ruling 93-2p; Policy Interpretation 
Ruling; Titles II and XVI: Evaluation of Human Immunodeficiency Virus 

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Ruling, 93-2p.


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.

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]