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1991.12.17 :  Disability Claims Based on HIV Infection

Contact: Phil Gambino or Frank Battistelli (410) 965-8904  (202)
245-2359
December 17, 1991
 
       New criteria and procedures that update and improve those
used by the Social Security Administration for evaluating disability
claims filed by individuals with HIV infection were announced today
by HHS Secretary Louis W. Sullivan, M.D.
     Secretary Sullivan said, "The intent of these changes is to
facilitate the identification of severely impaired individuals who
have HIV infection to ensure the most rapid and accurate delivery of
benefits possible." 
     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--basically the inability to work because of
a disabling impairment--as well as all non-medical requirements for
entitlement in order to qualify for benefits. 
     The first change announced today expands the medical criteria
used by SSA to determine if individuals are eligible for disability 
benefits, incorporating the latest medical knowledge and information
on HIV disease.  Besides including a broader range of the various
disease manifestations of HIV infection, the new procedures also
include functional limitations of the disease.  They will also
include additional criteria to take into account manifestations of
the disease specific to women and children. 
     The other new rules expand SSA field office authority to
provide presumptive disability (PD) payments based on HIV infection. 
SSI law permits immediate payment, using specific guidelines, of up
to six months of cash benefits--pending a formal disability
decision--to applicants likely to be found disabled.  The new
procedures will significantly enhance the availability of immediate
benefits for people with symptomatic HIV infection. 
     "I believe the changes implemented today will significantly
improve the treatment SSA extends to HIV-infected people," Social
Security Commissioner Gwendolyn S. King said, "and reflect SSA's
continuing commitment to provide timely, accurate and compassionate
service to the public." 

       Secretary Sullivan also announced the publication in
tomorrow's Federal Register of proposed rules that will codify into
regulations SSA's policies and procedures for evaluating disability
claims filed by individuals with HIV infection.  The secretary
encouraged interested persons to provide the department with their
comments and suggestions over the 60-day comment period.


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NOTE TO CORRESPONDENTS:  A fact sheet providing more detailed
information regarding the disability evaluation process and SSA's
new procedures on evaluating disability claims filed by individuals
with HIV infection is available.