§845.40. Evaluation of Pain and Other Symptoms

a)         The Bureau incorporates the criteria for the evaluation of pain and other symptoms specified in the Code of Federal Regulations 20 CFR 404.1508, 404.1528, 404.1529, 416.908, 416.928, and 416.929 revised April 1988; the Program Operations Manual System, Disability Insurance (DI) 22511.000 as amended August 1988, DI 24510.000 as amended January 1986, DI 24515.060 as amended October 1986, DI 24525.000 as amended February 1990, DI 24540.000 as amended February 1989, DI 24575.000 as amended March 1991, DI 24580.000 as amended February 1988, and DI 25005.000 as amended March 1989; and Social Security Rulings 82-53 (Titles II and XVI:  Basic Disability Evaluations Guides), 83-19 (Titles II and XVI:  Finding Disability on the Basis of Medical Considerations Alone − The Listing of Impairments and Medical Equivalency) as effective August 20, 1980; and 88-13 (Titles II and XVI:  Evaluation of Pain and Other Symptoms) as effective July 20, 1988.

 

b)         The Bureau will consider the evaluation of pain and other symptoms in regard to the Listing of Impairments as described in 89 Ill. Adm. Code 860 (Listing of Impairments).

 

c)         With regard to the following class action lawsuits, the Bureau also incorporates the specified court-ordered criteria for evaluating pain:

 

1)         In the case of Boyd, et al. v. Sullivan, POMS DI 32532.000 et seq. revised March 1990.

 

2)         In the case of Hyatt, et al. v. Bowen, POMS DI 32548.000 et seq. revised September 1990 and January 1991.

 

3)         In the case of Polaski, et al. v. Bowen, POMS DI 32553.000 et seq. revised December 1989.

 

4)         In the case of Samuels, et al. v. Bowen, POMS DI 32555.000 et seq. revised March 1990.

 

(Source:  Amended at 16 Ill. Reg. 2615, effective February 4, 1992)