Determining Disability

RAILROAD RETIREMENT BOARD

20 CFR Part 220

RIN 3220-AB42

Determining Disability

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Railroad Retirement Board (Board) hereby proposes to amend

its disability regulations to discontinue the current policy of

conducting continuing disability reviews (CDR's) for medical recovery

of disability annuitants in medical improvement not expected (MINE)

cases. The Board has found that these reviews have not been cost

effective and impose an unnecessary burden on the annuitant.

DATES: Comments should be submitted on or before January 18, 2000.

ADDRESSES: Any comments should be submitted to the Secretary to the

Board, Railroad Retirement Board, 844 North Rush Street, Chicago,

Illinois 60611.

FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Senior Attorney,

(312) 751-4513, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: The Board conducts continuing disability

reviews (CDRs) to determine whether or not a disability annuitant

continues to meet the disability requirements contained in the Railroad

Retirement Act and, in some cases, the Social Security Act. Payment of

cash benefits based on disability ends if the medical or other evidence

shows that the annuitant is no longer disabled under the standards set

out in the Railroad Retirement Act or, for some benefits, the Social

Security Act. Section 220.186 of the regulations of the Board provides

when and how often the Board will conduct a CDR. This rulemaking would

amend Sec. 220.186(d) to discontinue the Board's current policy of

conducting a CDR in cases where medical improvement is not expected

(MINE). The current regulation requires a review no less frequently

than once every 7 years but no more frequently than once every 5 years

in MINE cases. The Board's CDR of MINE cases has not proved cost

effective. For fiscal years 1995 through 1997 the Board conducted 552

MINE exams; however, in only 1 case did the evidence merit termination

of the annuity. Such results, in the Board's view, do not justify

continuation of this program. Consequently, the Board proposes to cease

routine continuing disability review in these cases. The cessation will

be of routine reviews only. These cases will still be reviewed for

continuing eligibility: if the beneficiary returns to work and

successfully completes a trial work period; if substantial earnings are

posted to the beneficiary's earnings record; or if information is

received either from the annuitant or a reliable source that the

annuitant has recovered or returned to work, or that a review is

otherwise warranted.

The Board, with the concurrence of the Office of Management and

Budget, has determined that this is not a significant regulatory action

for purposes of Executive Order 12866.

[[Page 62997]]

Therefore, no regulatory analysis is required. There are no information

collections associated with this rule.

List of Subjects in 20 CFR Part 220.186

Disability benefits, Railroad employees; Railroad retirement.

For the reasons set out in the preamble, the Railroad Retirement

Board proposes to amend part 220 of title 20, chapter II, of the Code

of Federal Regulations as follows:

PART 220--DETERMINING DISABILITY

1. The authority citation for part 220 continues to read as

follows:

Authority: 45 U.S.C. 231a; 45 U.S.C. 231f.

Sec. 220.186 When and how often the Board will conduct a continuing

disability review.

2. In Sec. 220.186, paragraph (b)(2), remove the phrase ``(medical

improvement possible or medical improvement not expected)'', and in

paragraph (d), remove the fourth sentence which reads: ``If the

annuitant's disability is considered permanent, the Board will review

the annuitant's continuing eligibility for benefits no less frequently

than once every 7 years but no more frequently than once every 5

years.'', and add in its place ``If no medical improvement is expected

in the annuitant's impairment(s), the Board will not routinely review

the annuitant's continuing eligibility.''

Dated: November 10, 1999.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 99-30161 Filed 11-17-99; 8:45 am]

BILLING CODE 7905-01-P