On June 16, 2008, the Social Security Administration (SSA) implemented final changes to the Immune System Disorders Listing, part of the Listing of Impairments used to define disability. The final listing is published at 73 Fed. Reg.14570 (Mar. 18, 2008). The Immune System Disorders Listing covers a wide variety of illnesses including: (1) Systemic lupus erythematosus; (2) Systemic vasculitis; (3) Systemic sclerosis and scleroderma ; (4) Polymyositis or dermatomyositis; (5) Undifferentiated connective tissue disorder; (6) Immunoglobulin deficiency syndromes or deficiencies of cell-mediated immunity, excepting HIV infection; (7) Human immunodeficiency virus (HIV) infection; and, (8) Inflammatory arthritis.
The listing has subparts, as follows:
14.00 Immune Systems Disorders (Adult Final)
14.01 Category of Impairments, Immune System
14.02 Systemic lupus erythematosus
14.03 Systemic vasculitis
14.04 Systemic sclerosis and scleroderma
14.05 Polymyositis or dermatomyositis
14.06 Undifferentiated connective tissue disorder
14.07 Immunoglobulin deficiency syndromes or deficiencies of cell-mediated immunity, excepting HIV infection
14.08 Human immunodeficiency virus (HIV) infection
14.09 Inflammatory arthritis
Subpart 14.00 contains background information, while subparts 14.02-14.09 address listings for specific types of immune system disorders. For example, Subpart 14.02 covers systemic lupus erythematosus and reads as follows:
14.02 System lupus erythematosus. As described in 14.00D1. With:
A. Involvement of two or more organs/body systems, with:
1. One or more of the organs/body systems involved to at least a moderate level of severity; and
2. At least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss).
B. Repeated manifestations of SLE, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at marked level:
1. Limitation of activities of daily living.
2. Limitation in maintaining social function.
3. Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace.
For a side-by-side comparison of the new and old listing for immune system disorders, please visit:
http://www.nosscr.org/pdfs/immune.pdf
For the complete Listing of Impairments, including Immune System Disorders, please visit:
http://www.ssa.gov/OP_Home/cfr20/404/404-ap10.htm
If your application for social security disability benefits has been denied, you should obtain legal representation. You can contact the law firm of Casciano Law Group at (301) 563-6685 for a free consultation.
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