[Federal Register:
November 5, 2002
(Volume 67, Number 214)] [Notices] [Page 67436-67439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05no02-94]
Social Security
Ruling, SSR 02-2p
Titles II and XVI: Evaluation of Interstitial Cystitis
AGENCY: Social Security
Administration.
ACTION: Notice of Social Security Ruling .
SUMMARY: In accordance
with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice
of Social Security Ruling, SSR 02-2p.
This Ruling clarifies the policies
of the Social Security Administration for developing and evaluating
title II and title XVI claims for disability on the basis of Interstitial
Cystitis (IC). IC is a complex, chronic bladder disorder characterized
by urinary frequency, urinary urgency, and pelvic pain.
EFFECTIVE DATE: November
5, 2002.
FOR FURTHER INFORMATION
CONTACT: For information on eligibility or filing for benefits, call our
national toll-free number 1-800-772-1213 or TTY 1-800-325-0778, or visit
our Internet web site, Social Security Online, at http://www.ssa.gov/.
Policy Interpretation
Ruling
Titles
II and XVI: Evaluation of Interstitial Cystitis
Purpose: To
provide guidance on SSA policy concerning the development and evaluation
of interstitial cystitis (IC) in disability claims filed under titles
II and XVI of the Social Security Act (the Act).
Introduction:
The Act and our implementing regulations require that an individual establish
disability based on the existence of a medically determinable impairment;
that is, one that can be shown by medical evidence, consisting of symptoms,
signs, and laboratory findings. Disability may not be established on the
basis of an individual's statement of symptoms alone.
This
Ruling explains that IC (a complex, chronic bladder disorder), when accompanied
by appropriate symptoms, signs, and laboratory findings, is a medically
determinable impairment that can be the basis for a finding of ``disability.''
It also provides guidance for the evaluation of claims involving IC.
Policy
Interpretation
General
1. What Is IC?
IC is a complex, chronic
bladder disorder characterized by urinary frequency, urinary urgency,
and pelvic pain. IC occurs most frequently in women (about 10 times more
often than in men), and sometimes prior to age 18. IC may be associated
with other disorders, such as fibromyalgia, chronic fatigue syndrome,
allergies, irritable bowel syndrome, inflammatory bowel disease, endometriosis,
and vulvodynia (vulvar/vaginal pain). IC also may be associated with systemic
lupus erythematosus.
The symptoms of IC
may vary in incidence, duration, and severity. The causes of IC are currently
unknown, and treatments are directed towards relief of symptoms. While
no treatment is uniformly effective for everyone, there are many treatments
available, and individuals may obtain some measure of relief. However,
response to treatment is variable, and some individuals may have symptoms
that are intractable to the current treatments available. Treatment may
include bladder distention; bladder instillation; oral drugs, such as
the prescription drug Elmiron, antidepressants, antihistamines, and narcotic
analgesics; and the use of transcutaneous electrical nerve stimulation.
2. How Is IC Diagnosed?
The diagnosis is one
of exclusion. A physician must rule out other conditions before making
a diagnosis of IC because there is currently no definitive test to identify
IC. The symptoms of IC are similar to those of other disorders, such as
acute urinary tract or vaginal infections, post-radiation bladder inflammation
or infection, bladder cancer, kidney stones, endometriosis, neurological
disorders, sexually transmitted diseases, and, in men, chronic bacterial
and nonbacterial prostatitis.
Symptoms of IC vary
both in kind and in intensity from individual to individual, and even
in the same individual. The three most common symptoms are an urgent need
to urinate (urgency), a frequent need to urinate (frequency), and pain
in the bladder and surrounding pelvic region. These symptoms may occur
either singly or in combination. The pain may range from mild discomfort
to extreme distress. The intensity of the pain may increase as the bladder
fills, and decrease as it empties. In addition, many patients experience
vaginal, testicular or penile pain, or low back and thigh pain. A woman's
symptoms may worsen around the time of menstruation. A diagnosis of IC
is based on the presence of some or all of the following:
- Presence of urinary
urgency or frequency (day and/or night), either singly or in combination;
- Pain in the bladder
and surrounding pelvic region;
- Suprapubic tenderness
on physical examination;
- Glomerulations
(pinpoint bleeding caused by recurrent irritation) on the bladder wall
after hydrodistention on cystoscopy;
- Hunner's ulcers
on the bladder wall after hydrodistention on cystoscopy; and,
- Absence of other
disorders that could cause the symptoms.
Diagnostic tests used
to identify or exclude other disorders include urinalysis, urine culture,
urine cytology, cystoscopy, biopsy of the bladder wall, and, in men, culture
of prostate secretions.
The standard test
currently used to aid in the diagnosis of IC is a cystoscopy with hydrodistention
of the bladder (performed under anesthesia). It can be used to reveal
glomerulations or Hunner's ulcers. A biopsy of the bladder wall can be
taken to rule out diseases such as
bladder cancer. Cystoscopy with hydrodistention also makes it possible
to estimate bladder capacity, which is an important guide to treatment.
The hydrodistention of the bladder itself also sometimes provides a therapeutic
benefit, with a reduction in pain and urinary frequency for a limited
time period. A report on the results of a cystoscopy, if done, should
be part of the medical record. An absence of glomerulations or Hunner's
ulcers on cystoscopy does not exclude a diagnosis of IC; a minority of
individuals with IC (10%) will not have either of these medical signs.
Cystoscopy should not be purchased to establish a diagnosis of IC because
it is an invasive procedure. While the medical findings discussed above
are the principal symptoms, signs, and laboratory findings currently used
to establish a diagnosis of IC, and, consequently, the existence of a
medically determinable impairment, they are not all-inclusive. As progress
is made in medical research into IC, additional signs and laboratory findings
may be identified and new diagnostic techniques may be developed that
also would establish a diagnosis of IC. The existence of IC may be documented
with medical signs or laboratory findings other than those listed above,
provided that such documentation is consistent with medically accepted
clinical practice and is consistent with the other evidence in the case
record.
3. What Is a Medically Determinable
Impairment?
Sections 216(i) and
1614(a)(3) of the Act define ``disability'' \1\ as the
inability to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment (or combination of
impairments) which 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.\2\
Sections 223(d)(3)
and 1614(a)(3)(D) of the Act and 20 CFR 404.1508 and 416.908 require that
an impairment result from anatomical, physiological, or psychological
abnormalities that can be shown by medically acceptable clinical and laboratory
diagnostic techniques. The Act and regulations further require that an
impairment be established by medical evidence that consists of symptoms,
signs, and laboratory findings, and not only by an individual's statement
of symptoms.
4. How Is
IC Identified as a Medically Determinable Impairment?
We \3\
generally will rely on the judgment of a physician who has made the diagnosis
after a review of the claimant's medical history, a physical examination
of the claimant, and any pertinent testing to establish the existence
of IC. In the absence of evidence to the contrary in the case record,
we will find a medically determinable
impairment is established if the evidence contains the appropriate symptoms,
signs, and laboratory findings, as discussed under question 2 above. However,
if there is evidence that indicates that the diagnosis is questionable,
and the evidence is inadequate to determine
whether or not the individual is disabled, we will contact the treating
source for clarification, using the guidelines in 20 CFR 404.1512(e) and
416.912(e).
5. How Do
We Consider IC in the Sequential Evaluation Process?\4\
Once we determine
that the individual has the medically determinable impairment IC,
we will consider it in determining whether:
- The individual's
impairment(s) is severe.
- The individual's
impairment(s) meets or equals the requirements of a listed impairment
in the listings.
- The individual's
impairment(s) prevents him or her from doing past relevant work and
other work that exists in significant numbers in the national economy.
6. Can We
Find an Individual Disabled Based on IC Alone?
If an individual has
the medically determinable impairment IC that is ``severe'' as described
in question 7 below, we may find that
the IC medically equals a listing, if appropriate. (See 20 CFR 404.1525
and 416.925.) (In the case of a child seeking benefits under title XVI,
we also may find that it functionally
equals the listings (20 CFR 416.926a).) We also may find
in a title II claim, or an adult claim under title XVI, that the
IC results in a finding that the individual is disabled based on his or
her residual functional capacity (RFC), age, education, and past work
experience.
An individual with
IC also may report symptoms suggestive of a mental impairment (for example,
the individual may say that he or she is anxious or depressed, having
difficulties with memory and concentration, etc.). If the evidence supports
a possible discrete mental impairment or symptoms such as anxiety or depression
resulting from the individual's IC or the side effects of medication,
we will develop the possible mental impairment. If the evidence does not
establish a medically determinable mental impairment, but does establish
the presence of symptoms such as anxiety or depression resulting from
the individual's IC or side effects of medication, we will determine
whether there are any work-related functional limitations resulting
from the symptoms. We will address any work- related functional limitations
at steps 4 and 5 of the sequential evaluation process.
Section
2 - Sequential Evaluation: Step 2, Severe Impairment
7. When
Is IC a ``Severe'' Impairment?
As with any other
medical condition, we will find that
IC is a ``severe'' impairment when, alone or in combination with another
medically determinable physical or mental impairment(s), it significantly
limits an individual's physical or mental ability to do basic work activities.
(For children applying for disability under title XVI, we will find
that IC is a ``severe'' impairment when it causes more than minimal
functional limitations.) We also will consider the effects of any symptoms
(such as pain or fatigue) that could limit functioning. (See SSR 85-28,
``Titles II and XVI: Medical Impairments That Are Not Severe'' and SSR
96-3p, ``Titles II and XVI: Considering Allegations of Pain and Other
Symptoms In Determining Whether a Medically Determinable Impairment Is
Severe.'') Therefore, we will find
that an impairment(s) is ``not severe'' only if it is a slight abnormality
(or a combination of slight abnormalities) that has no more than a minimal
effect on the individual's ability to do basic work activities (or, for
a child applying under title XVI, if it causes no more than minimal functional
limitations).
Sequential
Evaluation: Step 3, the Listings
8. How Do
We Evaluate IC at Step 3 of Sequential Evaluation, the Listings?
IC may be a factor
in both ``meets'' and ``equals'' determinations. Because there is no listing
for IC, we will find that an individual
with IC ``meets'' the requirements of a listing if he or she has another
impairment that, by itself, meets the requirements of a listing. We also
will find that a listing is met if
there is an impairment that, in combination with IC, meets the requirements
of a listing. For example, IC may increase the severity of coexisting
or related impairments, including mental disorders, to the extent that
the combination of impairments meets the requirements of a listing. This
also may be true in the reverse; coexisting or related impairments may
increase the severity of IC.
We also may find
that IC, by itself, is medically equivalent to a listed impairment
(or, in the case of a child applying under title XVI, also functionally
equivalent to the listings).
We also will find
equivalence if an individual has multiple impairments, including
IC, no one of which meets or equals the requirements of a listing, but
the combination of impairments is equivalent in severity to a listed impairment.
However, we will not
make assumptions about the severity or functional effects of IC combined
with other impairments. IC in combination with another impairment may
or may not increase the severity or functional limitations of the other
impairment. We will evaluate each case based on the information in the
case record.
Further,
we will never deny an individual's claim because the individual's IC does
not meet or medically equal a listing. If
an individual with IC has a severe impairment that does not meet or medically
equal a listing, we may still find
the individual disabled based on other rules
in the ``sequential evaluation process'' that we use to evaluate
all disability claims.
Sequential
Evaluation:
Steps 4 and 5, Assessing Functioning in Adults;
Step 3, Assessing Functional Equivalence in Children
9. How Do
We Evaluate IC in Assessing Residual Functional Capacity (RFC) in Adults
and Functional Equivalence in Children?
IC can cause limitation
of function. The functions likely to be limited depend on many factors,
including urinary frequency and pain. An individual may have limitations
in any of the exertional functions such as sitting, standing, walking,
lifting, carrying, pushing, and pulling. It also may affect ability to
do postural functions, such as climbing, balancing, stooping, and crouching.
The ability to tolerate extreme heat, humidity, or hazards also may be
affected.
The effects of IC
may not be obvious. For example, many people with IC have chronic pelvic
pain, which can affect the ability to focus and sustain attention on the
task at hand. Nocturia (nighttime urinary frequency) may disrupt sleeping
patterns. This can lead to drowsiness and lack of mental clarity during
the day. IC also may affect an individual's social functioning. The presence
of urinary frequency alone can necessitate trips to the bathroom as often
as every 10 to 15 minutes, day and night. Consequently, some individuals
with IC essentially may confine themselves to their homes. In assessing
RFC, we must consider all of the individual's symptoms in deciding how
such symptoms may affect functional capacities.
An assessment also
should be made of the effect IC has upon the individual's ability to perform
routine movement and necessary physical activity within the work environment.
Individuals with IC may have problems with the ability to sustain a function
over time.
As explained in SSR
96-8p (``Titles II and XVI: Assessing Residual Functional Capacity in
Initial Claims''), our RFC assessments must consider an individual's maximum
remaining ability to do sustained work activities in an ordinary work
setting on a regular and continuing basis. A ``regular and continuing
basis'' means 8 hours a day, for 5 days a week, or an equivalent work
schedule.\5\ In cases involving IC, fatigue may affect
the individual's physical and mental ability to sustain work activity.
This may be particularly true in cases involving urinary frequency.
For a child applying
for benefits under title XVI, we will evaluate the functional consequences
of IC (either alone or in combination with other impairments) to decide
if the child's impairment(s) functionally equals the listings. For
example, the functional limitations imposed by IC, by itself or in combination
with another impairment(s), may establish an extreme limitation in one
broad area of functioning (e.g., attending and completing tasks) or marked
limitations in two broad areas of functioning (e.g., attending and completing
tasks, and interacting and relating with others).
As with any other
impairment, we will explain how we reached our conclusions on whether
IC caused any physical or mental limitations.
Footnotes:
\1\Except for statutory blindness.
\2\ For a child under age 18 claiming benefits under title
XVI, disability will be established if the child is suffering from a medically
determinable physical or mental impairment (or combination of impairments)
that results in ``marked and severe functional limitations.'' See section
1614(a)(3)(C) of the Act and 20 CFR 416.906. However, 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. The concepts in this ruling, however, are also
intended to apply in determining disability based on IC for individuals
under age 18 under title XVI. -
\3\ The terms we and us in this Social Security Ruling
have the same meaning as in 20 CFR 404.1502 and 416.902. We or us
refers to either the Social Security Administration or the State agency
making the disability or blindness determination; i.e., our adjudicators
at all levels of the administrative review process and our quality reviewers.
\4\ For ease of reading, we refer in this Ruling
only to the steps of the sequential evaluation processes for initial adult
claims, 20 CFR 404.1520 and 416.920. We use separate sequential evaluation
processes when we do continuing disability reviews; i.e., reviews to determine
whether individuals who are receiving disability benefits are still disabled,
or when we determine whether an individual has a ``closed period of disability.''
These rules are set out in 20 CFR 404.1594 and 416.994, and the guidance
in this Ruling applies to all of the appropriate steps in those regulations
as well.
\5\ However, see footnote 2 of SSR 96-8p. That
footnote explains that the ability to work 8 hours a day for 5 days a
week is not always required for a finding at step 4 of the sequential
evaluation process for adults when an individual can do past relevant
work that was part-time work, if that work was substantial gainful activity,
performed within the applicable period, and lasted long enough for the
person to learn to do it. -
Effective Date: This
Ruling is effective November 5, 2002.
Cross-References:
SSR 85-28, ``Titles II and XVI: Medical Impairments That Are Not Severe'';
SSR 96-2p, ``Titles II and XVI: Giving Controlling Weight to Treating
Source Medical Opinions ''; SSR 96-3p,
``Titles II and XVI: Considering Allegations of Pain and Other Symptoms
in Determining Whether a Medically Determinable Impairment is Severe'';
SSR 96-4p, ``Titles II and XVI: Symptoms, Medically Determinable Physical
and Mental Impairments, and Exertional and Nonexertional Limitations'';
SSR 96-5p, ``Titles II and XVI: Medical Source Opinions
on Issues Reserved to the Commissioner''; SSR 96-6p, ``Titles II
and XVI: Consideration of Administrative Findings of Fact by State Agency
Medical and Psychological Consultants and Other Program Physicians and
Psychologists at the Administrative Law Judge and Appeals Council Levels
of Administrative Review; Medical Equivalence''; SSR 96-7p, ``Titles II
and XVI: Evaluation of Symptoms in Disability Claims: Assessing the Credibility
of an Individual's Statements''; SSR 96-8p, ``Titles II and XVI: Assessing
Residual Functional Capacity in Initial Claims''; and SSR 96-9p, ``Titles
II and XVI: Determining Capability to Do Other Work--Implications of a
Residual Functional Capacity for Less Than a Full Range of Sedentary Work.''
[FR Doc. 02-28057
Filed 11-4-02; 8:45 am]
BILLING CODE 4191-02-P
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 402.35(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 General Counsel, and policy interpretations of the law and regulations.
Although Social Security Rulings do not have the same force and effect
as the statute or regulations, they are binding on all components of the
Social Security Administration, in accordance with 20 CFR 402.35(b)(1),
and are 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 ; 96.006
Supplemental Security Income.) Dated: October 25, 2002. Jo Anne B. Barnhart,
Commissioner of Social Security.
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