EFFECTIVE/PUBLICATION DATE: 01/12/94
Purpose: The purpose of this Policy Interpretation Ruling is to clarify the application of the duration requirement in the Social Security Act (the Act) and our regulations when evaluating claims for disability benefits based on human immunodeficiency virus (HIV) infection, including acquired immunodeficiency syndrome (AIDS), under titles II and XVI of the Act.
Citations: Sections 216(i), 223(d) and 1614(a) of the Social Security Act, as amended; Regulations No. 4, Subpart P, sections 404.1509, 404.1525(a), and Appendix 1, Parts A and B; Regulations No. 16, Subpart I, sections 416.909 and 416.925(a).
Introduction: The criteria for evaluating HIV infection claims are in the Listing of Impairments in Appendix 1 of Subpart P of Part 404 of Title 20 of the Code of Federal Regulations. We are issuing this Policy Interpretation Ruling to ensure consistent and correct application of our duration requirement when evaluating HIV claims.
Policy Interpretation: This Policy Interpretation Ruling clarifies the duration requirement in the Act and our regulations regarding how it should be applied in determining whether a person claiming benefits based on HIV infection is disabled under title II or title XVI of the Act.
Duration of Impairment -- HIV Infection
With documentation of HIV infection as described in 14.00D3 or 114.00D3 of the preface to the Immune System listings, an individual who has an impairment that meets or equals one of the listed criteria required in listing 14.08 or 114.08 (the HIV listings) has an impairment that is considered permanent or expected to result in death. Accordingly, if an individual has an HIV infection of this severity, a separate finding on the duration of the impairment is not required, and the evidence required under sections 404.1525(a) and 416.925(a) of the regulations showing that the impairment has lasted or is expected to last for a continuous period of at least 12 months is not necessary.
Effective Date: This Ruling is effective January 12, 1994.
Cross-Reference: Program Operations Manual System, Part 04, section DI 24595.
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