Effective June 7, 2011 the Social Security Administration (SSA) significantly changed its policy on how it views diabetes mellitus as a disabling condition. SSA provides criteria for multiple conditions and what must be present for certain conditions to be disabling. These definitions are referred to as "listings". Major disorders are grouped into large "listings" then subcategorized. For example skeletal listings are listed in 1.00 and back problems such as degenerative disc disease would be subcategorized as listing 1.04.
Diabetes mellitus previously existed under the Endocrine Disorders listing at 9.00 as listing 9.08. SSA has now completely deleted diabetes mellitus as a listing level disabling condition. SSA justifies its change in policy stating that diabetes mellitus medical treatment has advanced significantly to the point where diabetes is detected as such an early age as to prevent long term disabling effects.
Current beneficiaries benefits will not be terminated.
While this is a blow to those who suffer the terrible effects of diabetes, there is still hope for being approved for disability benefits. While diabetes itself is not a listing requirement, the limiting physical effects of diabetes could reduce a persons ability to work to the point that they would be unemployable. Persons claiming diabetes as a disabling condition for social security benefits should contact an experienced attorney.
You can read the law change at 20 C.F.R. 404.1594(c)(3)(i) and 416.994(b)(2)(iv)(A). You can also read more at our website www.burtonandmckinnish.com
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