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

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]

RIN 0960-AE19

Federal Old-Age, Survivors and Disability Insurance; Determining

Disability and Blindness; Extension of Expiration Date for Adult Mental

Disorders Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: The Social Security Administration (SSA) 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 and

makes two nonsubstantive technical changes described below. 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 23, 1995.

FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register

document--Richard M. Bresnick, Legal Assistant, Division of Regulations

and Rulings, 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 an individual 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 individuals 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 of Health and

Human Services (the Secretary) or revised and promulgated again. Under

the Social Security Independence and Program Improvements Act of 1994,

Public Law (Pub. L.) 103-296, this authority was transferred to the

Commissioner of Social Security (the Commissioner).

Subsequently, we issued a number of final rules extending the

expiration date of the adult mental disorders listings. The last was

published on August 16, 1994 (59 FR 41974) and provided that the

listings for adult mental disorders would no longer be effective on

August 28, 1995. 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 two years, to August

28, 1997, 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. 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

[[Page 43710]]

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.

Also, in the introductory text of the Listing of Impairments, we

are changing the reference from the Secretary to the Commissioner. This

change reflects the transfer of functions which took place, effective

March 31, 1995, pursuant to Public Law 103-296, which made SSA an

independent agency, separate from the Department of Health and Human

Services.

Further, in the list of dates on which the various body system

listings will no longer be effective, we are revising the format of

item 5, Cardiovascular System, to be consistent with the rest of the

list. We are not changing the date in the entry, only the format. The

current entry was in the revised cardiovascular system listings

published on February 10, 1994 (59 FR 6468).

Regulatory Procedures

Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.

902(5)(a), SSA follows the Administrative Procedure Act (APA)

rulemaking 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 notice 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 minor technical changes to the introductory text of the

listings. It makes no substantive changes to the listings. The current

regulations expressly provide that the listings may be extended, 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.

In addition, we find good cause for dispensing with the 30-day

delay in the effective date of a substantive rule, provided for by 5

U.S.C. 553(d). As explained above, we are not making any substantive

changes in the listings. However, without an extension of the

expiration date for the adult mental disorders listings, we will lack

regulatory guidelines for assessing mental impairments at the third

step of the sequential evaluation processes after the current

expiration date of the listings. In order to ensure that we continue to

have regulatory criteria for assessing these impairments under the

listings, we find that it is in the public interest to make this rule

effective upon publication.

Executive Order 12866

We have consulted with the Office of Management and Budget (OMB)

and determined that this rule does not meet the criteria for a

significant regulatory action under Executive Order 12866. Thus, it was

not subject to OMB review.

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 OMB.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social

Security-Disability Insurance; 96.002, Social Security-Retirement

Insurance; 96.004, Social Security-Survivors Insurance; 96.006,

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: July 27, 1995.

Shirley Chater,

Commissioner of Social Security.

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 702(a)(5) 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 902(a)(5)).

2. Appendix 1 to subpart P of part 404 is amended by revising the

first sentence and items 5 and 13 of the introductory text before part

A to read as follows:

Appendix 1 to Subpart P--Listing of Impairments

The body system listings in parts A and B of the Listing of

Impairments will no longer be effective on the following dates

unless extended by the Commissioner or revised and promulgated

again.

* * * * *

5. Cardiovascular System (4.00 and 104.00): February 10, 1998.

* * * * *

13. Mental Disorders (12.00): August 28, 1997.

* * * * *

3. Part A of appendix 1 to subpart P of part 404 is amended by

revising the first paragraph of 12.00 to read as follows:

12.00 Mental Disorders

The mental disorders listings in 12.00 of the Listing of

Impairments will no longer be effective on August 28, 1997, unless

extended by the Commissioner or revised and promulgated again.

* * * * *

[FR Doc. 95-20869 Filed 8-22-95; 8:45 am]

BILLING CODE 4190-29-P