The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of cross-issue partnerships, networks, and resources. We support movement building that amplifies the power of individuals and communities to mobilize for change that is rooted in racial, gender, and economic justice.
List of Conditions for Compassionate Allowances, U.S. Social Security Administration (SSA)
Statutes, Regulations, and Agency Guidelines
According to the SSA web site, compassionate allowances are a way for SSA to quickly identify diseases and other medical conditions that are expected to qualify under the Listing of Impairments based on minimal objective medical information. Compassionate allowances will allow SSA to quickly target the most obviously disabled individuals for allowances based on objective medical information that can be obtained quickly, thus expediting these cases through the determination process.
This initial list of 50 Compassionate Allowance conditions was developed as a result of information received at public outreach hearings, public comment on an Advance Notice of Proposed Rulemaking, comments received from the Social Security and Disability Determination Service communities, and recommendations by medical and scientific experts. SSA also considered which conditions are most likely to meet the current definition of disability. Other conditions may be added to the list in the future.
Because it is not unusual for people with HIV disease to develop other serious conditions while their HIV is stabilized, this list may serve as a starting point for advocacy on behalf of HIV-positive people who are battling more than one condition. It may also be a basis for discussions about other serious illnesses that might have been included on the list, or should be included in future versions.
With ongoing public pressure to reduce the backlog of Social Security determination cases, SSA remains under pressure to streamline the process wherever and whenever possible. This is one of the reasons for the compassionate allowance option. If an advocate has a case that appears to satisfy the compassionate allowance criteria, the advocate is advised to let SSA know, as early in the claim process as possible, to expedite what is hoped to be a favorable decision for the claimant.