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Social Security Proposes Changes to Hepatitis B/C Disability Guidelines

Christine Kukka

The Social Security Administration (SSA) has proposed changes to guidelines that define what symptoms people living with chronic liver disease must have in order to qualify for Social Security disability payments.

The proposed changes, critics charge, may make it more difficult for people disabled by hepatitis B or C to qualify for disability. Everyone is encouraged to comment on the proposed guidelines to make sure all debilitating disease- or treatment-related symptoms are included in the guidelines. The deadline to send comments to SSA is Jan. 7.

To date, applying for disability has been a notoriously frustrating and lengthy process. The vast majority of first-time applications are turned down, and most applicants must appeal the decision in order win disability benefits.

The cumbersome and complex appeals system prevents many deserving patients, including homeless people, injecting drug users and immigrants, from obtaining disability subsidies.

To register comments about the proposed guidelines, entitled Revised Medical Criteria for Evaluating Impairments of the Digestive System, or to learn more, go to: http://policy.ssa.gov/erm/rules.nsf/5da82b
031a6677dc85256b41006b7f8d/a37bb476cb
227bdd85256b410067a74d?OpenDocument
and click on the icon that indicates the text of the proposed rule.

To be sure your comments are considered, SSA must receive them by Jan. 7, 2005. You can submit comments using SSA’s Internet site at: http://policy.ssa.gov/pnpublic.nsf/LawsRegs or the Federal Rulemaking Portal at http://www.regulations.gov.

You can also e-mail comments to regulations@ssa.gov; fax them to 410-966-2830, or mail them to the Commissioner of Social Security at P.O. Box 17703, Baltimore, MD, 21235-7703.

In November, a hearing was held in Boston on the proposed rule changes. It was attended by doctors and hepatitis patient advocates who criticized the proposed rules for not adequately identifying and defining the various symptoms that result in debilitating viral hepatitis. Because of the newness of hepatitis B and C, doctors are just beginning to identify and document many of the symptoms, including chronic fatigue, associated with chronic viral hepatitis.

Some critics point out that a more encompassing description of symptoms, similar to what now exists in SSA guidelines for HIV/AIDS, would be beneficial to the hepatitis B and C communities.

Office of Disability Policy Reopens Comment Period

November 10, 2004

We are reopening for limited purposes the comment period for the notice of proposed rulemaking (NPRM) for revising the medical criteria for evaluating impairments of the digestive system that we published in the Federal Register on November 14, 2001 (66 FR 57009). You may find this NPRM at our web site: http://policy.ssa.gov/erm/rules.nsf
/5da82b031a6677dc85256b41006b7f8d
/a37bb476cb227bdd85256b410067a74d
?OpenDocument


We have decided to reopen the comment period for 60 days to solicit additional public comments on our proposal to revise and remove several of the chronic liver disease listings from the Listing of Impairments (the listings) because we believe that the revisions we propose are significant. We are reopening the comment period only to accept comments about chronic liver disease. Due to the limited reopening of the NPRM, we will not consider any comments on other aspects of the proposed listings for the digestive system.

The notice to reopen the comment period was published in the Federal Register on November 8, 2004 , at http://a257.g.akamaitech.net
/7/257/2422/06jun20041800
/edocket.access.gpo.gov
/2004/pdf/04-24782.pdf
.

To be sure your comments are considered, we must receive them by January 7, 2005 . You may give us your comments by: using our Internet site facility (i.e., Social Security Online) at: http://policy.ssa.gov/pnpublic.nsf/LawsRegs or the Federal eRulemaking Portal at http://www.regulations.gov; e-mail to regulations@ssa.gov; telefax to (410) 966-2830; or by letter to the Commissioner of Social Security, P.O. Box 17703, Baltimore, Maryland 21235-7703.

You may also deliver them to the Office of Regulations, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard , Baltimore , Maryland 21235-6401 , between 8:00 a.m. and 4:30 p.m. on regular business days.

Comments are posted on our Internet site, at http://policy.ssa.gov/pnpublic.nsf
/LawsRegs
or you may inspect them on regular business days by making arrangements with Suzanne DiMarino, Social Insurance Specialist, Office of Regulations, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1767 or TTY (410) 966-5609. If you have already provided comments on the proposal, your comments will be considered and you do not need to resubmit them.

Sincerely,

Jim Julian
Director, Office of Medical Policy
Office of Disability Program


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