Overview and objective
5.08 captures severe malnutrition caused by a digestive disorder—demonstrated by very low BMI or persistent serum albumin depression—despite prescribed treatment.
Exact text
5.08 Weight loss due to any digestive disorder, despite continuing treatment as prescribed, with one of the following:
- Body mass index (BMI) of less than 17.5 on at least 2 evaluations at least 60 days apart within a 6-month period; or
- Serum albumin of 3.0 g/dL or less on at least 2 evaluations at least 60 days apart within a 6-month period.
Checklist of elements
- Underlying digestive disorder documented.
- Despite treatment (document compliance).
- Either BMI < 17.5 twice (60+ days apart within 6 months) or albumin ≤ 3.0 twice on same timeline.
Tips & recommended evidence
- Anthropometrics: Clinic weights with dates; calculate BMI each visit; nutritionist notes.
- Labs: Serial albumin (and prealbumin), CRP (for context).
- Treatment proof: GI, dietician, and pharmacy records evidencing adherence, trial of feeds or supplements.
- Consider cross-referencing 5.06(B)(5) (≥ 10% weight loss) when IBD is the driver.
Under Listing 5.08, a Social Security Disability Lawyer can help organize longitudinal weight records, BMI calculations, nutritionist notes, and serial laboratory findings to demonstrate severe malnutrition due to a digestive disorder despite prescribed treatment. Evidence of a body mass index below 17.5 on two evaluations at least 60 days apart or serum albumin of 3.0 g/dL or less on the same timeline is central to meeting SSA’s strict criteria. Careful documentation of treatment adherence, nutritional interventions, and sustained clinical decline is essential to establish listing-level severity and support a Step 3 disability finding without vocational analysis.