Federal Old-Age, Survivors and Disability Insurance; Determining Disability and Blindness; Extension of Expiration Dates for Hemic and Lymphatic System, Childhood Mental Disorders, and Malignant Neoplastic Diseases Listings

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulation No. 4]

RIN 0960-AE39

Federal Old-Age, Survivors and Disability Insurance; Determining

Disability and Blindness; Extension of Expiration Dates for Hemic and

Lymphatic System, Childhood Mental Disorders, and Malignant Neoplastic

Diseases 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 dates for the hemic and lymphatic system,

childhood mental disorders, and malignant neoplastic diseases 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

hemic and lymphatic system impairments, childhood mental disorders, and

malignant neoplastic diseases at step three of our sequential

evaluation process.

EFFECTIVE DATE: This regulation is effective December 6, 1995.

FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register

document--Harry J. Short, Legal Assistant, Division of Regulations and

Rulings, Social Security Administration, 6401 Security Boulevard,

Baltimore, MD 21235, (410) 965-6243; regarding eligibility or filing

for benefits--our national toll-free number, 1-800-772-1213.

SUPPLEMENTARY INFORMATION: On December 6, 1985, we published revised

listings, including the hemic and lymphatic system and malignant

neoplastic diseases listings (50 FR 50068), in parts A and B of

appendix 1 (Listing of Impairments) to subpart P of part 404. On

December 12, 1990, we published revised childhood mental disorders

listings (55 FR 51208) in part B of appendix 1. We use the listings at

the third step of the sequential evaluation process to evaluate claims

filed by adults and children for benefits based on disability and

blindness 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 revised listings in 1985 and 1990, 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 December 6,

1993, on which the hemic and lymphatic system and malignant neoplastic

diseases listings would no longer be effective, and a date of December

12, 1995, on which the childhood mental disorders listings would no

longer be effective, unless extended by the Secretary of Health and

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

section 102 of the Social Security Independence and Program

Improvements Act of 1994, Public Law 103-296, this rulemaking authority

was transferred from the Secretary to the Commissioner of Social

Security (the Commissioner).

Subsequently, we issued a final rule on December 6, 1993 (58 FR

64121) extending the expiration date of the hemic and lymphatic system

and malignant neoplastic diseases listings, as well as several other

body system listings. That rule provided that the hemic and lymphatic

system and malignant neoplastic diseases listings would no longer be

effective on December 6, 1995. Also that rule republished the

expiration dates that were previously established through the

rulemaking process for the other listings, and provided that the

childhood mental disorders listings would no longer be effective on

December 12, 1995.

In this final regulation, we are extending for eighteen months the

dates on which the hemic and lymphatic system listing, the malignant

neoplastic diseases listing and the childhood mental disorders listing

will no longer be effective. The hemic and lymphatic system and the

malignant neoplastic diseases listings will therefore no longer be

effective on June 6, 1997. The childhood mental disorders listing will

therefore no longer be effective on June 12, 1997. 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 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

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

902(a)(5), as amended by section 102 of Public Law 103-296, 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 dates on which the hemic and lymphatic system, childhood

mental disorders, and malignant neoplastic diseases listings will no

longer be effective. 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

[[Page 62330]]

comment is unnecessary, and we are issuing this regulation 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 dates for the hemic and lymphatic system, childhood mental

disorders, and malignant neoplastic diseases listings, we will lack

regulatory guidelines for assessing hemic and lymphatic system

impairments, childhood mental disorders, and malignant neoplastic

diseases at the third step of the sequential evaluation processes after

the current expiration dates 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: November 30, 1995.

Shirley S. 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- )

Subpart P--[Amended]

1. The authority citation for subpart P of part 404 continues 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 items

8, 14, and 15 of the introductory text before part A to read as

follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *

8. Hemic and Lymphatic System (7.00 and 107.00): June 6, 1997.

* * * * *

14. Mental Disorders (112.00): June 12, 1997.

15. Neoplastic Diseases, Malignant (13.00 and 113.00): June 6,

1997.

* * * * *

[FR Doc. 95-29579 Filed 12-5-95; 8:45 am]

BILLING CODE 4190-29-P