[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34488-34489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16687]
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SOCIAL SECURITY ADMINISTRATION
Social Security Ruling (SSR) 96-4p. Titles II and XVI: Symptoms,
Medically Determinable Physical and Mental Impairments, and Exertional
and Nonexertional Limitations
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 96-4p. This
Ruling clarifies the Social Security Administration's longstanding
policy on the evaluation of symptoms in the adjudication of claims for
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.
EFFECTIVE DATE: July 2, 1996.
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If this Social Security Ruling is later superseded, modified, or
rescinded, we will publish a notice in the Federal Register to that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: Symptoms, Medically
Determinable Physical and Mental Impairments, and Exertional and
Nonexertional Limitations
Purpose: The purpose of this Ruling is to clarify longstanding
policy of the Social Security Administration on the evaluation of
symptoms in the adjudication of claims for disability benefits under
title II and title XVI of the Social Security Act (the Act). In
particular, this Ruling emphasizes that:
1. A ``symptom'' is not a ``medically determinable physical or
mental impairment'' and no symptom by itself can establish the
existence of such an impairment.
2. In the absence of a showing that there is a ``medically
determinable physical or mental impairment,'' an individual must be
found not disabled at step 2 of the sequential evaluation process. No
symptom or combination of symptoms can be the basis for a finding of
disability, no matter how genuine the individual's complaints may
appear to be, unless there are medical signs and laboratory findings
demonstrating the existence of a medically determinable physical or
mental impairment.
3. The terms ``exertional'' and ``nonexertional'' in the
regulations describe types of functional limitations or restrictions
resulting from a medically determinable physical or mental impairment;
i.e., exertional limitations affect an individual's ability to meet the
strength demands of jobs, and nonexertional limitations or restrictions
affect an individual's ability to meet the nonstrength demands of jobs.
Therefore, a symptom in itself is neither exertional nor nonexertional.
Rather, it is the nature of the functional limitations or restrictions
caused by an
[[Page 34489]]
impairment-related symptom that determines whether the impact of the
symptom is exertional, nonexertional, or both.
4. The application of the medical-vocational rules in appendix 2 of
subpart P of Regulations No. 4 depends on the nature of the limitations
and restrictions imposed by an individual's medically determinable
physical or mental impairment(s), and any related symptoms.
Citations (Authority): Sections 216(i), 223(d) and 1614(a)(3) of
the Social Security Act, as amended; Regulations No. 4, sections
404.1505, 404.1508, 404.1520, 404.1528(a), 404.1529, 404.1569a and
subpart P, appendix 2; and Regulations No. 16, sections 416.905,
416.908, 416.920, 416.924, 416.928(a), 416.929 and 416.969a.
Policy Interpretation
Need To Establish the Existence of a Medically Determinable Physical or
Mental Impairment
The Act defines disability as the inability to do any substantial
gainful activity by reason of any medically determinable physical or
mental impairment that can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not less
than 12 months.1 An ``impairment'' must result from anatomical,
physiological, or psychological abnormalities that can be shown by
medically acceptable clinical and laboratory diagnostic techniques.
Although the regulations provide that the existence of a medically
determinable physical or mental impairment must be established by
medical evidence consisting of signs, symptoms,2 and laboratory
findings, the regulations further provide that under no circumstances
may the existence of an impairment be established on the basis of
symptoms alone. Thus, regardless of how many symptoms an individual
alleges, or how genuine the individual's complaints may appear to be,
the existence of a medically determinable physical or mental impairment
cannot be established in the absence of objective medical
abnormalities; i.e., medical signs and laboratory findings.
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\1\ This definition of disability applies to individuals
claiming disability benefits under title II and individuals age 18
or older claiming disability benefits under title XVI. For title
XVI, an individual under age 18 will be considered disabled if he or
she is suffering from a medically determinable physical or mental
impairment of comparable severity to an impairment that would
disable an adult.
\2\ 20 CFR 404.1528, 404.1529, 416.928, and 416.929 provide that
symptoms, such as pain, fatigue, shortness of breath, weakness or
nervousness, are an individual's own perception or description of
the impact of his or her physical or mental impairment(s). (20 CFR
416.928 further provides that, for an individual under age 18 who is
unable to adequately describe his or her symptom(s), the adjudicator
will accept as a statement of this symptom(s) the description given
by the person most familiar with the individual, such as a parent,
other relative, or guardian.) However, when any of these
manifestations is an anatomical, physiological, or psychological
abnormality that can be shown by medically acceptable clinical
diagnostic techniques, it represents a medical ``sign'' rather than
a ``symptom.''
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No symptom or combination of symptoms by itself can constitute a
medically determinable impairment. In claims in which there are no
medical signs or laboratory findings to substantiate the existence of a
medically determinable physical or mental impairment, the individual
must be found not disabled at step 2 of the sequential evaluation
process set out in 20 CFR 404.1520 and 416.920 (or, for an individual
under age 18 claiming disability benefits under title XVI, 20 CFR
416.924).
In addition, 20 CFR 404.1529 and 416.929 provide that an
individual's symptoms, such as pain, fatigue, shortness of breath,
weakness, or nervousness, will not be found to affect the individual's
ability to do basic work activities (or, for an individual under age 18
claiming disability benefits under title XVI, to function
independently, appropriately, and effectively in an age-appropriate
manner) unless medical signs and laboratory findings show that there is
a medically determinable physical or mental impairment(s) that could
reasonably be expected to produce the symptom(s) alleged.
Exertional and Nonexertional Limitations
Once the existence of a medically determinable physical or mental
impairment(s) that could reasonably be expected to produce the pain or
other symptoms alleged has been established on the basis of medical
signs and laboratory findings, allegations about the intensity and
persistence of the symptoms must be considered with the objective
medical abnormalities, and all other evidence in the case record, in
evaluating the functionally limiting effects of the impairment(s). In
addition, for determinations or decisions at step 5 of the sequential
evaluation process for individuals claiming disability benefits under
title II and individuals age 18 or older claiming disability benefits
under title XVI, 20 CFR 404.1569a and 416.969a explain that an
individual's impairment(s) and related symptoms, such as pain, may
cause limitations of function or restrictions that limit an
individual's ability to meet certain demands of jobs. These sections
divide limitations or restrictions into three classifications:
Exertional, nonexertional, and combined exertional and nonexertional.
Exertional limitations or restrictions affect an individual's ability
to meet the seven strength demands of jobs (sitting, standing, walking,
lifting, carrying, pushing, and pulling), while nonexertional
limitations or restrictions affect an individual's ability to meet the
nonstrength demands of jobs (all physical limitations and restrictions
that are not reflected in the seven strength demands, and mental
limitations and restrictions). The nature of the limitations or
restrictions affects whether the rules in appendix 2 to subpart P of
Regulations No. 4 may be used to direct a decision or must be used as a
framework for decisionmaking.
Likewise, under the regulations, symptoms in themselves are neither
exertional nor nonexertional. An individual's symptoms, however, can
cause limitations or restrictions that are classified as exertional,
nonexertional, or a combination of both. For example, pain can result
in an exertional limitation if it limits the ability to perform one of
the strength activities (e.g., lifting), or a nonexertional limitation
if it limits the ability to perform a nonstrength activity (e.g.,
fingering or concentrating). It is the nature of the limitations or
restrictions resulting from the symptom (i.e., exertional,
nonexertional, or both) that will determine whether the medical-
vocational rules in appendix 2 may be used to direct a decision or must
be used as a framework for decisionmaking. For additional discussion of
this longstanding policy, see SSR 96-8p, ``Titles II and XVI: Assessing
Residual Functional Capacity in Initial Claims.''
Effective Date: This Ruling is effective on July 2, 1996.
Cross-References: SSR 96-3p, ``Titles II and XVI: Considering
Allegations of Pain and Other Symptoms in Determining Whether a
Medically Determinable Impairment is Severe,'' SSR 96-7p, ``Titles II
and XVI: Evaluation of Symptoms in Disability Claims: Assessing the
Credibility of an Individual's Statements,'' and SSR 96-8p, ``Titles II
and XVI: Assessing Residual Functional Capacity in Initial Claims;''
and Program Operations Manual System, sections DI 24501.020, DI
24515.061, and DI 24515.063.
[FR Doc. 96-16687 Filed 7-1-96; 8:45 am]
BILLING CODE 4190-29-P