Federal Old-Age, Survivors and Disability Insurance; Determining Disability and Blindness; Extension of Expiration Dates for Several Body System Listings

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]

RIN 0960-AE83

Federal Old-Age, Survivors and Disability Insurance; Determining

Disability and Blindness; Extension of Expiration Dates for Several

Body System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: The Social Security Administration (SSA) adjudicates claims at

the third step of its sequential process for evaluating disability

using the Listing of Impairments (the listings) under the Social

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

extends the dates on which several body system listings will no longer

be effective. We have made no revisions to the medical criteria in

these listings; they remain the same as they now appear in the Code of

Federal Regulations. These extensions will ensure that we continue to

have medical evaluation criteria in the listings to adjudicate claims

for disability based on impairments in these body systems at step three

of our sequential evaluation process.

EFFECTIVE DATE: This regulation is effective June 4, 1998.

FOR FURTHER INFORMATION CONTACT: Acting Regulations Officer, Social

Security Administration, 6401 Security Boulevard, Baltimore, MD 21235,

(410) 965-3632. For information on eligibility or filing for benefits,

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

SUPPLEMENTARY INFORMATION: We use the listings in appendix 1 (Listing

of Impairments) to subpart P of part 404 at the third step of the

sequential evaluation process to evaluate claims filed by adults and

individuals under age 18 for benefits based on disability under the

Social Security and SSI programs. The listings are divided into parts A

and B. We use the criteria in part A 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, then the

medical criteria in part A will be used.

When we published revised listings in 1985 and subsequently, 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 dates ranging from 3

to 8 years on which the various body system listings would no longer be

effective unless extended by the Secretary of Health and Human Services

or revised and promulgated again. Effective March 31, 1995, the

authority to issue regulations was transferred to the Commissioner of

Social Security by section 102 of Public Law 103-296, the Social

Security Independence and Program Improvements Act of 1994.

In this final rule, we are extending the dates on which several

body system listings will no longer be effective to July 1, 1999. These

body system listings are: Growth Impairment (100.00), Special Senses

and Speech (2.00 and 102.00), Multiple Body Systems (110.00),

Neurological (11.00 and 111.00), and Immune System (14.00 and 114.00).

We last published final rules setting forth the current expiration

date for the Multiple Body Systems and the Immune System on July 2,

1993 (58 FR 36008). We last extended the dates on which the other body

system listings would no longer be effective in final rules published

as follows:

December 6, 1993 (58 FR 64121): Special Senses and Speech and

Neurological.

December 6, 1996 (61 FR 64615): Growth Impairment.

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 medically equivalent in severity to an impairment in

the listings or functionally equivalent to the listings in SSI claims

based on disability filed by individuals under age 18, we will find

that the individual is disabled at the third step of the sequential

evaluation process. Nevertheless, we have decided to review, over the

next 12 months, the need to revise these listings and have, therefore,

decided to extend the dates on which each of these listings will no

longer be effective to July 1, 1999.

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 these body 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 these body system listings. However, without an extension of

the expiration dates for these listings, we will lack regulatory

guidelines for assessing impairments in these body systems 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 impairments under these

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

[[Page 30411]]

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 the

Regulatory Flexibility Act, as amended, 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 27, 1998.

Kenneth S. Apfel,

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)); sec. 211(b), Pub. L. 104-193, 110

Stat. 2105, 2189.

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

1, 3, 11, 12, and 15 of the introductory text before Part A to read as

follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *

1. Growth Impairment (100.00): July 1, 1999.

* * * * *

3. Special Senses and Speech (2.00 and 102.00): July 1, 1999.

* * * * *

11. Multiple Body Systems (110.00): July 1, 1999.

12. Neurological (11.00 and 111.00): July 1, 1999.

* * * * *

15. Immune System (14.00 and 114.00): July 1, 1999.

* * * * *

[FR Doc. 98-14599 Filed 6-3-98; 8:45 am]

BILLING CODE 4190-29-P