Federal Old-Age, Survivors and Disability Insurance; Determining Disability and Blindness; Extension of Expiration Date for Musculoskeletal System Listings

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]

RIN 0960-AE43

Federal Old-Age, Survivors and Disability Insurance; Determining

Disability and Blindness; Extension of Expiration Date for

Musculoskeletal System 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 musculoskeletal system 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

musculoskeletal system impairments at step three of our sequential

evaluation process.

EFFECTIVE DATE: This regulation is effective June 4, 1996.

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 December 6, 1985, we published revised

listings, including the musculoskeletal system listings (50 FR 50068),

in parts A and B of appendix 1 (Listing of Impairments) to subpart P of

part 404. 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 the revised listings in 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 December 6, 1990, for

the musculoskeletal system listings in part A, and December 6, 1993,

for the musculoskeletal system listings in part B, 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 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 12, 1990 (55 FR

51100), extending the expiration date of the musculoskeletal system

listings in part A to June 6, 1992, and again on June 5, 1992 (57 FR

23946), extending that expiration date to December 6, 1993. Thereafter,

on December 6, 1993 (58 FR 64121), the expiration date of the

musculoskeletal system listings in both parts A and B was extended, as

were the

[[Page 28047]]

expiration dates for several other body system listings. That rule

provided that the musculoskeletal system listings would no longer be

effective on June 6, 1996.

Also, we published a notice of proposed rulemaking (NPRM) on

December 21, 1993 (58 FR 67574) that included proposed revisions to

these 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 June 6,

1997, the date on which the musculoskeletal system 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 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 date on which the musculoskeletal system 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 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 date for the musculoskeletal system listings, we will lack

regulatory guidelines for assessing musculoskeletal system 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: May 20, 1996.

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)-(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)-(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 item

2 of the introductory text before part A to read as follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *

2. Musculoskeletal System (1.00 and 101.00): June 6, 1997.

* * * * *

[FR Doc. 96-13882 Filed 6-3-96; 8:45 am]

BILLING CODE 4190-29-P