*This is an archive page. The links are no longer being updated. 1993.06.29 : New Rules for Evaluating Disability Claims of Victims of HIV and Other Immune System Disorders Contact: Phil Gambino (202) 690-8359 or (410) 965-8904 June 29, 1993 Louis D. Enoff, acting commissioner of Social Security, today announced new rules to update and improve the criteria used by the Social Security Administration for evaluating disability claims filed by individuals with HIV infection and other immune system disorders. "The intent of these changes is to facilitate the identification of severely impaired men, women and children who have HIV infection to ensure the most rapid and accurate delivery of benefits possible," Enoff said. The rules announced today update the medical criteria used by SSA to determine if individuals are eligible for disability benefits. The rules incorporate the latest medical knowledge and information on HIV infection. Besides including a broad range of the various disease manifestations of HIV infection, the new criteria include standards disability evaluators will use to examine the functional limitations caused by HIV infection. The rules also include specific criteria to take into account the manifestations of the infection in women and children. "These new rules include not only the most widely known manifestations of HIV infection, but also a range of opportunistic diseases, cancers and conditions that research and clinical practice have shown are indicative of disabling HIV infection," Enoff said. The rules include cervical cancer and gynecologic infections and conditions such as other chronic viral and bacterial infections which may not significantly impair the functioning of a person with a healthy immune system but which may have devastating impact on persons with immune systems weakened by HIV infection. Disability payments are potentially payable under two separate programs--Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI provides cash benefits financed through Social Security payroll taxes to disabled workers and their families out of the Federal Disability Insurance Trust Fund. SSI provides payments from general tax revenues to eligible disabled adults and children with limited income and resources. Under both programs, applicants must meet the strict statutory definition of disability--the inability to work because of a disabling impairment. A comparable evaluation process is followed for determining disability in children. However, instead of evaluating the ability to work, SSA evaluates the child's ability to function in an age-appropriate manner. In announcing SSA's updated disability criteria for HIV infection, Enoff reiterated that the Centers for Disease Control and Prevention and SSA view the infection from different perspectives. While CDC is concerned with HIV infection for reporting, prevention and public health policy planning, SSA must determine how it restricts a person's ability to function or work. Consequently, SSA is not bound by the CDC AIDS surveillance case definition or vice versa. Other rules announced today reflect SSA's procedures for determining whether presumptive disability payments based on HIV infection may be paid for individuals applying for SSI disability payments. SSI law permits immediate payment of cash benefits for up to six months, pending a formal disability decision, to applicants who meet specific guidelines and are likely to be found disabled under SSA criteria. The revised rules have significantly enhanced the availability of presumptive disability payments for men, women and children with HIV infection. Enoff also expressed his appreciation today for the excellent comments and suggestions supplied by disability advocates and the medical community on the original department proposal. Their input, he said, has resulted in a final rule that will benefit all men, women and children with HIV infection. The new rules will be published in the Federal Register on Friday, July 2, *This is an archive page. The links are no longer being updated. 1993. ### NOTE TO CORRESPONDENTS: Two fact sheets providing more detailed information regarding the disability evaluation process and SSA's new procedures for evaluating disability claims filed by individuals with HIV infection are available upon request.