Some Social Security Rulings (SSR's) can be of great assistance to Social Security Disability Lawyers when they encounter a case with a medical condition that is frequently misunderstood or difficult to understand. This is the case with SSR 15-1p, which deals with interstitial cystitis, and SSR 12-2p, which deals with fibromyalgia.
Just last week, the Social Security Administration (SSA) published a new ruling regarding sickle cell disease (SSR 17-3p) For a copy of this new ruling click here. This ruling gives social adjudicators and judges important background information on sickle cell disease and sets forth how cases involving this condition should be evaluated. Hopefully this ruling will provide a more consistency in the decision making process.
Sickle cell is the most common inherited blood disease in the U.S.. It is believed that approximately 100,000 Americans have sickle cell disease. Despite its prevalence, this condition is not always easy to evaluate due to its many different manifestations and complications.
One of the important aspects of SSR 17-3p is that it instructs adjudicators to evaluate sickle cell disease under the following hematological disorder listing: 7.05, 7.17 and 7.18. The new ruling also recognizes that sickle cell can impose exertional as well as non-exertional limitations on a claimant. For example, a person with sickle cell may have pain, fatigue and shortness of breath. The condition may also cause difficulty in maintaining concentration or have difficulty completing tasks due to pain acute pain crises.
The Social Security Administration has indicated that the effective date of this ruling is September 15, 2017, and that the SSR will apply to new applications filed on or after September 15, 2017. This means that SSA will use this ruling on and after 9/15/17 in any case in which SSA makes a determination or decision. SSA expects that Federal courts will review SSA’s final decisions using the rules that were in effect at the time SSA issued the decisions. If a court reverses SSA’s final decision and remands a case for further administrative proceedings, SSA will apply this SSR to the entire period at issue in the decision it make after the court's remand.