Federal Old-Age, Survivors and Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled; Medical and Other Evidence of Your Impairment(s) and Definition of Medical Consultant

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Regulations Nos. 4 and 16]

RIN 0960-AD91

Federal Old-Age, Survivors and Disability Insurance and

Supplemental Security Income for the Aged, Blind, and Disabled; Medical

and Other Evidence of Your Impairment(s) and Definition of Medical

Consultant

AGENCY: Social Security Administration.

ACTION: Proposed rules.

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SUMMARY: We propose to revise the Social Security and supplemental

security income (SSI) disability regulations regarding sources of

evidence for establishing the existence of a medically determinable

impairment under title II and title XVI of the Social Security Act (the

Act). We are doing this to clarify and expand the list of acceptable

medical sources and to revise the definition of the term ``medical

consultant'' to include additional acceptable medical sources.

DATES: To be sure that your comments are considered, we must receive

them no later than December 8, 1998.

ADDRESSES: Comments should be submitted in writing to the Commissioner

of Social Security, P. O. Box 1585, Baltimore, MD 21235, sent by

telefax to (410) 966-2830, sent by E-Mail to ``[email protected],''

or delivered to the Office of Process and Innovation Management, Social

Security Administration, 2109 West Low Rise Building, 6401 Security

Boulevard, Baltimore, MD 21235, between 8:00 a.m. and 4:30 p.m. on

regular business days. Comments may be inspected during these same

hours by making arrangements with the contact person shown below.

FOR FURTHER INFORMATION CONTACT: Robert J. Augustine, Legal Assistant,

Social Security Administration, 6401 Security Boulevard, Baltimore, MD

21235, (410) 966-5121. For information on eligibility or filing for

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

SUPPLEMENTARY INFORMATION: The Act provides, in title II, for the

payment of disability benefits to persons insured under the Act. Title

II also provides,

[[Page 54418]]

under certain circumstances, for the payment of child's insurance

benefits based on disability and widow's and widower's insurance

benefits for disabled widows, widowers, and surviving divorced spouses

of insured persons. In addition, the Act provides, in title XVI, for

SSI payments to persons who are aged, blind, or disabled and who have

limited income and resources.

For adults under both the title II and title XVI programs

(including persons claiming child's insurance benefits based on

disability under title II), ``disability'' means the inability to

engage in any substantial gainful activity. For an individual under age

18 claiming SSI benefits based on disability, ``disability'' means that

an impairment(s) causes ``marked and severe functional limitations.''

Under both title II and title XVI, disability must be the result of a

medically determinable physical or mental impairment or combination of

impairments that can be expected to result in death or that has lasted

or can be expected to last for a continuous period of at least 12

months.

The Act also provides that an individual shall not be considered to

be under a disability unless he or she furnishes such medical and other

evidence of the existence of such impairment(s) as the Commissioner may

require.

Explanation of Proposed Revisions

Sections 404.1513 and 416.913 state that we need reports about the

individual's impairments from acceptable medical sources; they also

provide a list of acceptable medical sources. Acceptable medical

sources have the training and expertise to provide us with the signs

and laboratory findings based on medically acceptable clinical and

laboratory diagnostic techniques that establish the existence of a

medically determinable physical or mental impairment.

We propose to amend Secs. 404.1513 and 416.913 by revising the list

of acceptable medical sources and making other changes to these

sections, as follows.

Sections 404.1513 and 416.913 Medical Evidence of your Impairment.

We propose to revise the heading to ``Medical and other evidence of

your impairment(s)'' to more accurately identify the subject of these

sections, which describe how we use evidence from acceptable medical

sources and other sources, such as nurse-practitioners, chiropractors,

school teachers, and social workers. Sections 223(d)(3) and

1614(a)(3)(D) of the Act require that an individual have a medically

determinable physical or mental impairment that results from

anatomical, physiological, or psychological abnormalities which are

demonstrable by medically acceptable clinical and laboratory diagnostic

techniques. To establish the existence of a medically determinable

impairment, we require evidence from acceptable medical sources. As

indicated in current paragraph (e), we use evidence from other sources

to help us understand how an adult's impairment(s) affects the ability

to work and how a child's impairment(s) affects the ability to

function.

We propose to revise the heading of, and language in, paragraph (a)

of these sections to make it clear that we need evidence from

acceptable medical sources to establish the existence of a medically

determinable impairment, and that those sources identified in proposed

paragraphs (a)(1) through (a)(5) are the sources who can provide us

with this evidence. We propose to add a cross-reference to

Sec. 404.1508 in Sec. 404.1513(a) and a cross-reference to Sec. 416.908

in Sec. 416.913(a) because Secs. 404.1508 and 416.908 describe the type

of medical evidence required to establish the existence of a medically

determinable impairment.

We propose to revise paragraph (a)(1) by combining it with current

paragraph (a)(2) because osteopaths are physicians, and their degree

may be either Doctor of Medicine or Doctor of Osteopathy, depending on

the school that conferred the degree. Thus, a licensed physician may be

either a medical or an osteopathic doctor.

We propose to renumber current paragraphs (a)(3) and (a)(4) as new

paragraphs (a)(2) and (a)(3).

We propose to revise new paragraph (a)(2) by adding language to our

rules to reflect our current operating instructions which state that

licensed or certified school psychologists (or licensed or certified

individuals with other titles who perform the same function as a school

psychologist in a school setting) are acceptable medical sources for

purposes of establishing the existence of mental retardation and

learning disabilities. Prior to adding school psychologists to the list

of acceptable medical sources in our operating instructions for

purposes of establishing the existence of mental retardation and

learning disabilities, we conducted a State-by-State analysis of the

educational qualifications and other requirements for their licensure

or certification, and we had discussions with representatives of the

National Association of School Psychologists on the issue of what

school psychologists are uniformly qualified to do nationwide. Although

the term ``licensed or certified psychologists'' encompasses school

psychologists, we found that there is a lack of national uniformity

among the States as to what school psychologists are allowed to do

beyond the areas of mental retardation and learning disabilities. We

determined, however, that licensed or certified school psychologists

(or licensed or certified individuals with other titles who perform the

same functions as a school psychologist in a school setting) are able

to provide us with a complete medical report of manifestations related

to mental retardation or learning disabilities. Therefore, we concluded

that all individuals who are licensed or certified by their States (or

approved in Michigan, which is equivalent to licensure or certification

in other States) as school psychologists are medical sources who can

establish the existence of mental retardation and learning

disabilities.

We propose to create a new paragraph (a)(4), which would include as

acceptable medical sources licensed podiatrists for impairments of the

foot, or foot and ankle (depending on the delineation in the State

licensure). These sources are currently included in our operating

instructions as acceptable medical sources for purposes of establishing

the existence of a medically determinable impairment of the foot, or

foot and ankle, because they are licensed to practice medicine and

perform surgery on a specific part of the body. They can do everything

that a physician is licensed to do with respect to the foot, or foot

and ankle, and have equal standing to physicians in this respect;

therefore, we are adding them to the list of acceptable medical sources

in our regulations as sources who can establish the existence of a

medically determinable impairment of the foot, or foot and ankle. New

paragraph (a)(4) would provide that whether evidence from a podiatrist

can be used to establish the existence of a medically determinable

impairment of the foot only, or the foot and ankle, depends on the

scope of practice of podiatry in a State; i.e., whether the State in

which the podiatrist practices permits the practice of podiatry on the

foot only, or on the foot and ankle. Medical reports from podiatrists

can provide us with all the evidence we require to establish the

existence of a medically determinable impairment of the foot, or foot

and ankle.

We propose to delete current paragraph (a)(5) because, regardless

of

[[Page 54419]]

who is authorized to send us a medical report, the evidence itself must

be provided by an acceptable medical source identified in proposed

paragraphs (a)(1) through (a)(5). Similarly, we propose to delete

current paragraph (a)(6) (which appears only in Sec. 416.913) because

it does not matter whether the evaluation by an acceptable medical

source identified in proposed paragraphs (a)(1) through (a)(5) is

included in an interdisciplinary team report or is contained in a

separate report.

We propose to add a new paragraph (a)(5) to include qualified

speech-language pathologists as acceptable medical sources who can

establish the existence of a speech or language impairment. These

sources are currently included in our operating instructions as medical

sources who can establish the existence of a medically determinable

speech or language impairment in title XVI childhood disability cases

in which the individual is found to be disabled. Prior to adding

qualified speech-language pathologists to the list of acceptable

medical sources in our operating instructions, we conducted a State-by-

State analysis of the educational qualifications and other requirements

for licensure or certification of speech-language pathologists, and we

had discussions with representatives of the American Speech-Language-

Hearing Association on the issue of what nationwide qualification

requirements there are for speech-language pathologists. We determined

that the evaluation report of a qualified speech-language pathologist

can provide us with the detailed evidence we require about a person's

communicative ability that enables us to determine the existence of a

medically determinable speech or language impairment. Under proposed

paragraph (a)(5), ``qualified speech-language pathologists'' must be

fully certified by their State's education agency, or licensed by their

State's professional licensing board, or hold a Certificate of Clinical

Competence from the American Speech-Language-Hearing Association.

We propose to switch the text of current paragraph (d) with the

text of current paragraph (e). We believe that the transposition makes

it clearer that, when we decide whether the evidence is complete enough

for a determination, we look at the completeness of the medical

evidence from acceptable medical sources identified in paragraph (a)

and at any evidence that may have been provided by other sources, such

as those identified in new paragraph (d). Thus, the proposal would make

it clearer that we consider all of the relevant evidence we receive

from acceptable medical sources and other sources when we make a

determination about whether the individual is disabled or blind.

We propose to revise the language in new paragraph (d) (current

paragraph (e)) by making technical changes for clarity and consistency.

We also propose to reorganize and renumber the subparagraphs in new

paragraph (d). We propose to delete the words ``Information from'' in

the heading of new paragraph (d). We propose to change the first

sentence of Sec. 404.1513(d) to read: ``In addition to evidence from

the acceptable medical sources listed in paragraph (a) of this section,

we may also use evidence from other sources to show the severity of

your impairment(s) and how it affects your ability to work.'' We

propose to change the first sentence of Sec. 416.913(d) to read: ``In

addition to evidence from the acceptable medical sources listed in

paragraph (a) of this section, we may also use evidence from other

sources to show the severity of your impairment(s) and how it affects

your ability to work or, if you are a child, your functioning.'' We

propose to add a reference to the severity of the individual's

impairment(s) because we may use evidence from other sources to show

impairment severity, as well as how it affects the ability to work or,

in Sec. 416.913(d), a child's functioning. We propose to clarify new

paragraph (d)(1) by adding ``Medical sources not listed in paragraph

(a) of this section.'' We propose to add the word ``personnel'' in new

paragraph (d)(3) because when we refer to ``sources'' we mean people,

not entities. We propose to begin new paragraph (d)(4) with ``Other

non-medical sources,'' instead of ``Observations by,'' to make the

construction of new paragraph (d)(4) parallel to that of new paragraphs

(d)(1) through (d)(3).

We have added the phrase ``but are not limited to'' in the second

sentence of new paragraph (d) of Sec. 404.1513 to clarify that the list

of other sources is not an exclusive list and to make it consistent

with the language in current paragraph (e) of Sec. 416.913. We have

included in paragraph (d)(1) some of the examples of other medical

sources contained in current paragraphs (e)(3) and (4) of Sec. 416.913.

We propose to add new paragraph (d)(2) to reflect the provisions of

current paragraph (e)(5) of Sec. 416.913. We also propose to add the

language ``(for example, spouses, parents and other caregivers,

siblings, other relatives, friends, neighbors, and clergy)'' to new

paragraph (d)(4) to make it consistent with the language in current

paragraph (e)(2) of Sec. 416.913.

In new paragraph (d) of Sec. 416.913, we would change the language

``or, if you are a child, your ability to function independently,

appropriately, and effectively in an age-appropriate manner'' to ``or,

if you are a child, your functioning'' because section 1614(a)(3) of

the Act was amended by Public Law 104-193 on August 22, 1996, which

added a new paragraph (C) that changed the definition of disability for

individuals under age 18 claiming SSI benefits. We propose to delete

the words ``may'' and ``and'' in the second sentence of new paragraph

(d), and insert the word ``but'' after the phrase ``Other sources

include'' to make it clear that this list is not exclusive. We propose

to add ``audiologists'' to new paragraph (d)(1) to make it consistent

with current paragraph (e)(3) and new paragraph (d)(1) of

Sec. 404.1513. We would shorten paragraph (d) by consolidating current

paragraphs (e)(3) and (4) in new paragraph (d)(1) and limiting the

example of therapists to physical therapists. We propose to delete

``speech and language therapists'' from the examples in new paragraph

(d)(1) because we are proposing to include speech-language

pathologists, which is a more accurate title for these health care

professionals, in new paragraph (a)(5).

We propose to delete the word ``medical'' and the phrase

``including the clinical and laboratory findings'' and add the phrase

``in your case record'' after the word ``evidence'' in the first

sentence of new paragraph (e) (current paragraph (d)) of Secs. 404.1513

and 416.913. We want to make it clear that we do not look only at

medical evidence from the acceptable medical sources identified in

paragraph (a), but also at any evidence that might have been provided

by other sources, as described in new paragraph (d), when we make a

determination about whether the individual is disabled or blind. Also,

it is the evidence in the case record, not necessarily each piece of

evidence, that must be complete and detailed enough to allow us to make

a determination about whether the individual is disabled or blind. We

propose to revise new paragraph (e)(1) by deleting the term ``limiting

effects'' and substituting in its place the word ``severity,'' which

more accurately conveys the statutory requirement that an individual

must have a severe impairment to be found disabled. We propose to

revise the language in new paragraph (e)(2) to more accurately refer to

whether the duration requirement is met, because the issue of duration

of the individual's

[[Page 54420]]

impairment(s) may pertain to a period in the past, rather than to a

period in the future. We propose to revise new paragraph (e)(3) by

qualifying the language about residual functional capacity because the

combined evidence must be complete and detailed enough to allow us to

determine the individual's residual functional capacity only when the

evaluation steps described in Secs. 404.1520(e) or (f)(1) and

416.920(e) or (f)(1) apply. We also propose to add the phrase ``or, if

you are a child, your functioning'' to Sec. 416.913(e)(3) because

ability to function is the relevant issue that we must determine for a

child, not residual functional capacity.

Other Changes

Sections 404.1503 and 416.903 Who Makes Disability and Blindness

Determinations

We propose to remove the last sentence in paragraph (e) because,

presently, in cases involving a combination of mental and nonmental

impairments, the appropriate consultant determines impairment severity

in his or her area of expertise, and this is reflected in determining

the overall impact of the combination of impairments on the

individual's ability to work.

Sections 404.1512 and 416.912 Evidence of Your Impairment

We propose to change the cross-reference in paragraph (b)(4) from

paragraph (e) to paragraph (d) because current paragraph (e) would be

new paragraph (d).

Section 404.1526 Medical Equivalence; Section 416.926 Medical

Equivalence for Adults and Children; Sections 404.1616 and 416.1016

Medical or Psychological Consultant

We propose to revise the second sentence in paragraph (c) of

Secs. 404.1526 and 416.926 and the first sentence in Secs. 404.1616 and

416.1016 to indicate that a medical consultant must be an acceptable

medical source identified in Secs. 404.1513(a)(1) or (a)(3) through

(a)(5) and 416.913(a)(1) or (a)(3) through (a)(5). We believe the

acceptable medical sources identified in these sections, in addition to

physicians, are fully qualified to serve as medical consultants within

their areas of expertise.

Electronic Versions

The electronic file of this document is available on the Federal

Bulletin Board (FBB) at 9:00 a.m. on the date of publication in the

Federal Register. To download the file, modem dial (202) 512-1387. The

FBB instructions will explain how to download the file and the fee.

This file is in WordPerfect and will remain on the FBB during the

comment period.

Regulatory Procedures

Executive Order 12866

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

and determined that these proposed rules do not meet the criteria for a

significant regulatory action under Executive Order 12866. Therefore,

they are not subject to OMB review.

Regulatory Flexibility Act

We certify that these proposed regulations will not have a

significant economic impact on a substantial number of small entities

because they affect only individuals. Therefore, a regulatory

flexibility analysis as provided in the Regulatory Flexibility Act, as

amended, is not required.

Paperwork Reduction Act

These proposed regulations impose no additional reporting or

recordkeeping requirements subject to OMB clearance.

(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

20 CFR Part 404

Administrative practice and procedure, Blind, Disability benefits,

Old-Age, Survivors, and Disability insurance, Reporting and

recordkeeping requirements, Social Security.

20 CFR Part 416

Administrative practice and procedure, Aged, Blind, Disability

benefits, Public assistance programs, Supplemental Security Income

(SSI), Reporting and recordkeeping requirements.

Dated: September 29, 1998.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set out in the preamble, we propose to amend

subparts P and Q of part 404 and subparts I and J of part 416 of 20 CFR

chapter III 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.

Sec. 404.1503 [Amended]

2. Section 404.1503 is amended by removing the last sentence of

paragraph (e).

3. Section 404.1512 is amended by revising paragraph (b)(4) to read

as follows:

Sec. 404.1512 Evidence of your impairment.

* * * * *

(b) * * *

(4) Information from other sources, as described in

Sec. 404.1513(d);

* * * * *

4. Section 404.1513 is amended by revising the heading and

paragraphs (a), (d), and (e) to read as follows:

Sec. 404.1513 Medical and other evidence of your impairment(s).

(a) Sources who can provide evidence to establish an impairment. We

need evidence from acceptable medical sources to establish whether you

have a medically determinable impairment(s). See Sec. 404.1508.

Acceptable medical sources are--

(1) Licensed physicians (medical or osteopathic doctors);

(2) Licensed or certified psychologists (including school

psychologists, or other licensed or certified individuals with other

titles who perform the same function as a school psychologist in a

school setting, for purposes of establishing mental retardation and

learning disabilities only);

(3) Licensed optometrists, for the measurement of visual acuity and

visual fields (we may need a report from a physician to determine other

aspects of eye diseases);

(4) Licensed podiatrists, for purposes of establishing impairments

of the foot, or foot and ankle only, depending on whether the State in

which the podiatrist practices permits the practice of podiatry on the

foot only, or the foot and ankle only; and

(5) Qualified speech-language pathologists, for purposes of

establishing speech or language impairments only. For this source,

``qualified'' means that the pathologist must be fully certified by the

State

[[Page 54421]]

education agency in the State in which he or she practices, or be

licensed by the State professional licensing board, or hold a

Certificate of Clinical Competence from the American Speech-Language-

Hearing Association.

* * * * *

(d) Other sources. In addition to evidence from the acceptable

medical sources listed in paragraph (a) of this section, we may also

use evidence from other sources to show the severity of your

impairment(s) and how it affects your ability to work. Other sources

include, but are not limited to--

(1) Medical sources not listed in paragraph (a) of this section

(for example, nurse-practitioners, physicians' assistants, naturopaths,

chiropractors, audiologists, and physical therapists);

(2) Educational personnel (for example, school teachers,

counselors, early intervention team members, developmental center

workers, and daycare center workers);

(3) Public and private social welfare agency personnel; and (4)

Other non-medical sources (for example, spouses, parents and other

caregivers, siblings, other relatives, friends, neighbors, and clergy).

(e) Completeness. The evidence in your case record must be complete

and detailed enough to allow us to make a determination about whether

you are disabled or blind. It must allow us to determine--

(1) The nature and severity of your impairment(s) for any period in

question;

(2) Whether the duration requirement, as described in

Sec. 404.1509, is met; and

(3) Your residual functional capacity to do work-related physical

and mental activities, when the evaluation steps described in

Sec. 404.1520(e) or (f)(1) apply.

5. Section 404.1526 is amended by revising the second sentence of

paragraph (c) to read as follows:

Sec. 404.1526 Medical equivalence.

* * * * *

(c) Who is a designated medical or psychological consultant. * * *

A medical consultant must be an acceptable medical source identified in

Sec. 404.1513(a)(1) or (a)(3) through (a)(5). * * *

Subpart Q--[Amended]

6. The authority citation for subpart Q of part 404 continues to

read as follows:

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social

Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

7. Section 404.1616 is amended by revising the first sentence of

the introductory paragraph to read as follows:

Sec. 404.1616 Medical or psychological consultant.

A medical consultant must be an acceptable medical source

identified in Sec. 404.1513(a)(1) or (a)(3) through (a)(5). * * *

* * * * *

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND

DISABLED

Subpart I--[Amended]

8. The authority citation for subpart I of part 416 continues to

read as follows:

Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), and

(d)(1), and 1633 of the Social Security Act (42 U.S.C. 902(a)(5),

1382, 1382c, 1382h, 1383(a), (c), and (d)(1), and 1383b); secs. 4(c)

and 5, 6(c)-(e), 14(a) and 15, Pub. L. 98-460, 98 Stat. 1794, 1801,

1802, and 1808 (42 U.S.C. 421 note, 423 note, 1382h note).

Sec. 416.903 [Amended]

9. Section 416.903 is amended by removing the last sentence of

paragraph (e).

10. Section 416.912 is amended by revising paragraph (b)(4) to read

as follows:

Sec. 416.912 Evidence of your impairment.

* * * * *

(b) * * *

(4) Information from other sources, as described in

Sec. 416.913(d);

* * * * *

11. Section 416.913 is amended by revising the heading and

paragraphs (a), (d), and (e) to read as follows:

Sec. 416.913 Medical and other evidence of your impairment(s).

(a) Sources who can provide evidence to establish an impairment. We

need evidence from acceptable medical sources to establish whether you

have a medically determinable impairment(s). See Sec. 416.908.

Acceptable medical sources are--

(1) Licensed physicians (medical or osteopathic doctors);

(2) Licensed or certified psychologists (including school

psychologists, or other licensed or certified individuals with other

titles who perform the same function as a school psychologist in a

school setting, for purposes of establishing mental retardation and

learning disabilities only);

(3) Licensed optometrists, for the measurement of visual acuity and

visual fields (see paragraph (f) of this section for the evidence

needed for statutory blindness);

(4) Licensed podiatrists, for purposes of establishing impairments

of the foot, or foot and ankle only, depending on whether the State in

which the podiatrist practices permits the practice of podiatry on the

foot only, or the foot and ankle; and

(5) Qualified speech-language pathologists, for purposes of

establishing speech or language impairments only. For this source,

``qualified'' means that the pathologist must be fully certified by the

State education agency in the State in which he or she practices, or be

licensed by the State professional licensing board, or hold a

Certificate of Clinical Competence from the American Speech-Language-

Hearing Association.

* * * * *

(d) Other sources. In addition to evidence from the acceptable

medical sources listed in paragraph (a) of this section, we may also

use evidence from other sources to show the severity of your

impairment(s) and how it affects your ability to work or, if you are a

child, your functioning. Other sources include, but are not limited

to--

(1) Medical sources not listed in paragraph (a) of this section

(for example, nurse-practitioners, physicians' assistants, naturopaths,

chiropractors, audiologists, and physical therapists);

(2) Educational personnel (for example, school teachers,

counselors, early intervention team members, developmental center

workers, and daycare center workers);

(3) Public and private social welfare agency personnel; and

(4) Other non-medical sources (for example, spouses, parents and

other caregivers, siblings, other relatives, friends, neighbors, and

clergy).

(e) Completeness. The evidence in your case record must be complete

and detailed enough to allow us to make a determination about whether

you are disabled or blind. It must allow us to determine--

(1) The nature and severity of your impairment(s) for any period in

question;

(2) Whether the duration requirement, as described in Sec. 416.909,

is met; and

(3) Your residual functional capacity to do work-related physical

and mental activities, when the evaluation steps described in

Sec. 416.920(e) or (f)(1) apply, or, if you are a child, your

functioning.

* * * * *

12. Section 416.926 is amended by revising the second sentence of

paragraph (c) to read as follows:

[[Page 54422]]

Sec. 416.926 Medical equivalence for adults and children.

* * * * *

(c) Who is a designated medical or psychological consultant. * * *

A medical consultant must be an acceptable medical source identified in

Sec. 416.913(a)(1) or (a)(3) through (a)(5). * * *

* * * * *

Subpart J--[Amended]

13. The authority citation for subpart J of part 416 continues to

read as follows:

Authority: Secs. 702(a)(5), 1614, 1631, and 1633 of the Social

Security Act (42 U.S.C. 902(a)(5), 1382c, 1383, and 1383b).

14. Section 416.1016 is amended by revising the first sentence of

the introductory paragraph to read as follows:

Sec. 416.1016 Medical or psychological consultant.

A medical consultant must be an acceptable medical source

identified in Sec. 416.913(a)(1) or (a)(3) through (a)(5). * * *

* * * * *

[FR Doc. 98-27077 Filed 10-8-98; 8:45 am]

BILLING CODE 4190-29-P