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May 25, 2006

Gerry Promises Tremolite Change

The Billings, MT Gazette quotes Martin Gerry, Social Security's Deputy Commissioner for Disability and Income Security Programs, as promising to change Social Security's "regulations" to include victims of disease related to tremolite asbestos, a problem which may be specific to the Libby, Montana area. Exactly what will be done is unclear since Social Security seems to lack any regulations dealing specifically with asbestos related disease other than Listing 13.15 for mesothelioma, which is caused by asbestos, but that Listing does not require proof of any type or degree of asbestos exposure. An article in the Daily Interlake of Kalispell, MT indicates that SSA will release a Ruling that will specify that a person can qualify for benefits based upon exposure to tremolite asbestos as well as exposure to the more common chrysotile asbestos. No ruling was published in the Federal Register today. This all sounds quite mysterious since the word "chrysotile" cannot even be found in Social Security's enormous Program Operations Manual Series. Distinctions over the source of asbestos which has led to disability seems utterly irrelevant to disability determination anyway. Montana residents with asbestos damage from tremolite exposure may be making a not uncommon mistake -- thinking that the problems they are experiencing in obtaining Social Security disability benefits must be the result of some form of discrimation rather than a general problem affecting most Social Security disability claimants.

Update: A ruling on this subject is scheduled for publication on Friday, May 26.

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