[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34468-34470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16686]


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SOCIAL SECURITY ADMINISTRATION

Social Security Ruling (SSR) 96-3p. Titles II and XVI: 
Considering Allegations of Pain and Other Symptoms in Determining 
Whether a Medically Determinable Impairment Is Severe

AGENCY: Social Security Administration.

ACTION: Notice of Social Security Ruling.

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SUMMARY: In accordance with 20 CFR 422.406(b)(1), the Commissioner of 
Social Security gives notice of Social Security Ruling 96-3p. This 
Ruling restates and clarifies the longstanding policies of the Social 
Security Administration for considering allegations of pain or other 
symptoms in determining whether individuals claiming disability 
benefits under Title II, Federal Old-Age, Survivors, and Disability 
Insurance Benefits, and Title XVI, Supplemental Security Income for the 
Aged, Blind, and Disabled, of the Social Security Act have a ``severe'' 
medically determinable physical or mental impairment(s).

EFFECTIVE DATE: July 2, 1996.


[[Page 34469]]


FOR FURTHER INFORMATION CONTACT: Joanne K. Castello, Division of 
Regulations and Rulings, Social Security Administration, 6401 Security 
Boulevard, Baltimore, MD 21235, (410) 965-1711.

SUPPLEMENTARY INFORMATION: Although we are not required to do so 
pursuant to 5 U.S.C. 552(a)(1) and (a)(2), we are publishing this 
Social Security Ruling in accordance with 20 CFR 422.406(b)(1).
    Social Security Rulings make available to the public precedential 
decisions relating to the Federal old-age, survivors, disability, 
supplemental security income, and black lung benefits programs. Social 
Security Rulings may be based on case decisions made at all 
administrative levels of adjudication, Federal court decisions, 
Commissioner's decisions, opinions of the Office of the General 
Counsel, and other policy interpretations of the law and regulations.
    Although Social Security Rulings do not have the force and effect 
of the law or regulations, they are binding on all components of the 
Social Security Administration, in accordance with 20 CFR 
422.406(b)(1), and are to be relied upon as precedents in adjudicating 
cases.
    If this Social Security Ruling is later superseded, modified, or 
rescinded, we will publish a notice in the Federal Register to that 
effect.

(Catalog of Federal Domestic Assistance, Programs 96.001 Social 
Security--Disability Insurance; 96.002 Social Security--Retirement 
Insurance; 96.004 Social Security--Survivors Insurance; 96.005 
Special Benefits for Disabled Coal Miners; 96.006 Supplemental 
Security Income)

    Dated: June 7, 1996.
Shirley S. Chater,
Commissioner of Social Security.

Policy Interpretation Ruling--Titles II and XVI: Considering 
Allegations of Pain and Other Symptoms in Determining Whether a 
Medically Determinable Impairment is Severe

Purpose

    To restate and clarify the longstanding policies of the Social 
Security Administration for considering allegations of pain or other 
symptoms in determining whether individuals claiming disability 
benefits under title II and title XVI of the Social Security Act (the 
Act) have a ``severe'' medically determinable physical or mental 
impairment(s). In particular, the purpose of this Ruling is to restate 
and clarify the policy that:
    1. The evaluation of whether an impairment(s) is ``severe'' that is 
done at step 2 of the applicable sequential evaluation process set out 
in 20 CFR 404.1520, 416.920, or 416.924 requires an assessment of the 
functionally limiting effects of an impairment(s) on an individual's 
ability to do basic work activities or, for an individual under age 18 
claiming disability benefits under title XVI, to do age-appropriate 
activities; and
    2. An individual's symptoms may cause limitations and restrictions 
in functioning which, when considered at step 2, may require a finding 
that there is a ``severe'' impairment(s) and a decision to proceed to 
the next step of sequential evaluation.

    Citations (Authority): Sections 216(i), 223(d), and 1614(a)(3) 
of the Social Security Act, as amended; Regulations No. 4, sections 
404.1508, 404.1520(a) and (c), 404.1521, 404.1523, 404.1528, and 
404.1529; and Regulations No. 16, sections 416.908, 416.920(a) and 
(c), 416.921, 416.923, 416.924(b) and (d), 416.924d, 416.928, and 
416.929.

Introduction

    Note: For clarity, the following discussions refer only to claims 
of individuals claiming disability benefits under title II and 
individuals age 18 or older claiming disability benefits under title 
XVI. However, the same principles regarding the evaluation of symptoms 
and their effects apply in determining whether the impairment(s) of an 
individual who is under age 18 and claiming title XVI disability 
benefits is severe under 20 CFR 416.924(d). For such an individual, an 
impairment(s) is considered ``not severe'' if it is a slight 
abnormality(ies) that causes no more than minimal limitation in the 
individual's ability to function independently, appropriately, and 
effectively in an age-appropriate manner.
    To be found disabled, an individual must have a medically 
determinable ``severe'' physical or mental impairment or combination of 
impairments that meets the duration requirement. At step 2 of the 
sequential evaluation process, an impairment or combination of 
impairments is considered ``severe'' if it significantly limits an 
individual's physical or mental abilities to do basic work activities; 
an impairment(s) that is ``not severe'' must be a slight abnormality 
(or a combination of slight abnormalities) that has no more than a 
minimal effect on the ability to do basic work activities. (See SSR 85-
28, ``Titles II and XVI: Medical Impairments That Are Not Severe,'' 
C.E. 1981-1985, p. 394.)
    Symptoms, such as pain, fatigue, shortness of breath, weakness, or 
nervousness, will not be found to affect an individual's ability to do 
basic work activities unless the individual first establishes by 
objective medical evidence (i.e., signs and laboratory findings) that 
he or she has a medically determinable physical or mental impairment(s) 
and that the impairment(s) could reasonably be expected to produce the 
alleged symptom(s). (See SSR 96-4p, ``Titles II and XVI: Symptoms, 
Medically Determinable Physical and Mental Impairments, and Exertional 
and Nonexertional Limitations.'') The finding that an individual's 
impairment(s) could reasonably be expected to produce the alleged 
symptom(s) does not involve a determination as to the intensity, 
persistence, or functionally limiting effects of the symptom(s). 
However, once the requisite relationship between the medically 
determinable impairment(s) and the alleged symptom(s) is established, 
the intensity, persistence, and limiting effects of the symptom(s) must 
be considered along with the objective medical and other evidence in 
determining whether the impairment or combination of impairments is 
severe.

Policy Interpretation

    In determining the severity of an impairment(s) at step 2 of the 
sequential evaluation process set out in 20 CFR 404.1520 and 416.920, 
evidence about the functionally limiting effects of an individual's 
impairment(s) must be evaluated in order to assess the effect of the 
impairment(s) on the individual's ability to do basic work activities. 
The vocational factors of age, education, and work experience are not 
considered at this step of the process. A determination that an 
individual's impairment(s) is not severe requires a careful evaluation 
of the medical findings that describe the impairment(s) (i.e., the 
objective medical evidence and any impairment-related symptoms), and an 
informed judgment about the limitations and restrictions the 
impairment(s) and related symptom(s) impose on the individual's 
physical and mental ability to do basic work activities. (See SSR 96-
7p, ``Titles II and XVI: Evaluation of Symptoms in Disability Claims: 
Assessing the Credibility of an Individual's Statements.'')
    Because a determination whether an impairment(s) is severe requires 
an assessment of the functionally limiting effects of an impairment(s), 
symptom-related limitations and restrictions must be considered at this 
step of the sequential evaluation process, provided that the individual 
has a medically

[[Page 34470]]

determinable impairment(s) that could reasonably be expected to produce 
the symptoms. If the adjudicator finds that such symptoms cause a 
limitation or restriction having more than a minimal effect on an 
individual's ability to do basic work activities, the adjudicator must 
find that the impairment(s) is severe and proceed to the next step in 
the process even if the objective medical evidence would not in itself 
establish that the impairment(s) is severe. In addition, if, after 
completing development and considering all of the evidence, the 
adjudicator is unable to determine clearly the effect of an 
impairment(s) on the individual's ability to do basic work activities, 
the adjudicator must continue to follow the sequential evaluation 
process until a determination or decision about disability can be 
reached.

Effective Date

    This Ruling is effective on July 2, 1996.

Cross-References

    SSR 85-28, ``Titles II and XVI: Medical Impairments That are Not 
Severe,'' SSR 96-4p, ``Titles II and XVI: Symptoms, Medically 
Determinable Physical and Mental Impairments, and Exertional and 
Nonexertional Limitations,'' and SSR 96-7p, ``Titles II and XVI: 
Evaluation of Symptoms in Disability Claims: Assessing the Credibility 
of an Individual's Statements;'' and Program Operations Manual System, 
sections DI 24505.001, DI 24505.005, DI 24515.061, DI 25215.005, DI 
25225.001, DI 26515.005, DI 26515.015, and DI 26516.010.
[FR Doc. 96-16686 Filed 7-1-96; 8:45 am]
BILLING CODE 4190-29-P