Federal Old-Age, Survivors and Disability Insurance; Determining Disability and Blindness; Extension of Expiration Date for Adult Mental Disorders Listings

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Social Security Administration

20 CFR Part 404

[Regulation No. 4]

RIN 0960-AD94

Federal Old-Age, Survivors and Disability Insurance; Determining

Disability and Blindness; Extension of Expiration Date for Adult Mental

Disorders Listings

AGENCY: Social Security Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Social Security Administration issues listings of

impairments to evaluate disability and blindness under the Social

Security and supplemental-security income (SSI) programs. This rule

extends the expiration date for the adult mental disorders listings. We

have made no revisions to the medical criteria in the listings; they

remain the same as they now appear in the Code of Federal Regulations.

This extension will ensure that we continue to have medical evaluation

criteria in the listings to adjudicate claims for disability based on

mental impairments at step three of our sequential evaluation process.

EFFECTIVE DATE: This regulation is effective August 16, 1994.

FOR FURTHER INFORMATION CONTACT:

Regarding this Federal Register document--Richard M. Bresnick, Legal

Assistant, Office of Regulations, Social Security Administration, 6401

Security Boulevard, Baltimore, MD 21235, (410) 965-1758; regarding

eligibility or filing for benefits--our national toll-free number, 1-

800-772-1213.

SUPPLEMENTARY INFORMATION: On August 28, 1985, we published revised

adult mental disorders listings (50 FR 35038) in part A of appendix 1

(Listing of Impairments) to subpart P of part 404. We use the listings

to evaluate disability and blindness at the third step of the

sequential evaluation process for adults and children under the Social

Security and SSI programs. The listings describe impairments considered

severe enough to prevent a person from doing any gainful activity, or,

for a child under age 18 applying for SSI benefits based on disability,

from functioning independently, appropriately, and effectively in an

age-appropriate manner. We use the criteria in part A mainly to

evaluate impairments of adults. We use the criteria in part B first to

evaluate impairments of children under age 18. If those criteria do not

apply, we may use the criteria in part A.

When we published the revised adult mental disorders listings in

August 1985, we indicated that medical advances in disability

evaluation and treatment and program experience would require that the

listings be periodically reviewed and updated. Accordingly, we

established a date of August 28, 1988, on which the listings would no

longer be effective unless extended by the Secretary or revised and

promulgated again. Subsequently, we issued a number of final rules

extending the expiration date of the adult mental disorders listings.

The last was published on August 23, 1993 (58 FR 44444) and provided

that the listings for adult mental disorders would no longer be

effective on August 28, 1994. Also, on July 18, 1991, we published a

notice of proposed rulemaking (NPRM) (56 FR 33130) that included

proposed revisions to those listings. We will publish any changes to

the listings based on that NPRM in a subsequent final rule.

In this final regulation, we are extending for one year, to August

28, 1995, the date on which the adult mental disorders listings will no

longer be effective. We believe that the requirements in these listings

are still valid for our program purposes. As noted above, we use the

listings at the third step of the sequential evaluation process.

Specifically, if we find that an individual has an impairment that

meets the statutory duration requirement and also meets or is

equivalent in severity to an impairment in the listings, we will find

that the individual is disabled without completing the remaining steps

of the sequential evaluation process. We do not use the listings to

find that an individual is not disabled. Individuals whose impairments

do not meet or equal the criteria of the listings receive

individualized assessments at the subsequent steps of the sequential

evaluation process.

Regulatory Procedures

The Department, even when not required by statute, as a matter of

policy generally follows the Administrative Procedure Act (APA) NPRM

and public comment procedures specified in 5 U.S.C. 553 in the

development of its regulations. The APA provides exceptions to its

notice and public comment procedures when an agency finds there is good

cause for dispensing with such procedures on the basis that they are

impracticable, unnecessary, or contrary to the public interest. We have

determined that, under 5 U.S.C. 553(b)(B), good cause exists for

dispensing with the NPRM and public comment procedures in this case.

Good cause exists because this regulation only extends the date on

which the adult mental disorders listings will no longer be effective

and makes no substantive changes to those listings. The current

regulations expressly provide that the listings may be extended by the

Secretary, as well as revised and promulgated again. Therefore,

opportunity for prior comment is unnecessary, and we are issuing these

changes to our regulations as a final rule.

Executive Order (E.O.) 12866

The Office of Management and Budget has reviewed this rule and

determined it does not meet the criteria for a significant regulatory

action under E.O. 12866.

Regulatory Flexibility Act

We certify that this regulation will not have a significant

economic impact on a substantial number of small entities. Therefore, a

regulatory flexibility analysis as provided in Public Law 96-354, the

Regulatory Flexibility Act, is not required.

Paperwork Reduction Act

This regulation imposes no reporting/recordkeeping requirements

necessitating clearance by the Office of Management and Budget.

(Catalog of Federal Domestic Assistance Program Nos. 93.802, Social

Security--Disability Insurance; 93.803, Social Security--Retirement

Insurance; 93.805, Social Security--Survivors Insurance; 93.807,

Supplemental Security Income)

List of Subjects in 20 CFR Part 404

Administrative practice and procedure, Blind, Disability benefits,

Old-Age, Survivors and Disability Insurance, Reporting and

recordkeeping requirements, Social Security.

Dated: June 27, 1994.

Shirley Chater,

Commissioner of Social Security.

Approved: July 25, 1994.

Donna E. Shalala,

Secretary of Health and Human Services.

For the reasons set forth in the preamble, part 404, subpart P,

chapter III of title 20 of the Code of Federal Regulations is amended

as set forth below.

PART 404-FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950-

)

1. The authority citation for subpart P of part 404 is revised to

read as follows:

Authority: Secs. 202, 205 (a), (b), and (d) through (h), 216(i),

221 (a) and (i), 222(c), 223, 225, and 1102 of the Social Security

Act; 42 U.S.C. 402, 405 (a), (b), and (d) through (h), 416(i), 421

(a) and (i), 422(c), 423, 425, and 1302.

2. Appendix 1 to subpart P is amended by revising item 13 of the

introductory text before part A to read as follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *

13. Mental Disorders (12.00): August 28, 1995.

* * * * *

3. Part A of appendix 1 (Listing of Impairments) to subpart P is

amended by revising the first paragraph of 12.00 Mental Disorders to

read as follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *

12.00 Mental Disorders

The mental disorders listings in 12.00 of the Listing of

Impairments will no longer be effective on August 28, 1995, unless

extended by the Secretary or revised and promulgated again.

* * * * *

[FR Doc. 94-19891 Filed 8-15-94: 8:45 am]

BILLING CODE 4190-29-M