[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Proposed Rules]
[Pages 56357-56362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23396]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2010-0060]
RIN 0960-AH26


Expedited Vocational Assessment Under the Sequential Evaluation 
Process

AGENCY: Social Security Administration.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to give adjudicators the discretion to proceed to 
the fifth step of the sequential evaluation process for assessing 
disability when we have insufficient information about a claimant's 
past relevant work history to make the findings required for step 4. If 
an adjudicator finds at step 5 that a claimant may be unable to adjust 
to other work existing in the national economy, the adjudicator would 
return to the fourth step to develop the claimant's work history and 
make a finding about whether the claimant can perform his or her past 
relevant work. This proposed new process would not disadvantage any 
claimant or change the ultimate conclusion about whether a claimant is 
disabled, but it would promote administrative efficiency and help us 
make more timely disability determinations and decisions.

DATES: To ensure that your comments are considered, we must receive 
them no later than November 14, 2011.

ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2010-0060 so 
that we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend this method for submitting your 
comments. Visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Search function of the webpage to find 
docket number SSA-2010-0060 and then submit your comment. Once you 
submit your comment, the system will issue you a tracking number to 
confirm your submission. You will not be able to view your comment 
immediately as we must manually post each comment. It may take up to a 
week for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations, Social 
Security Administration, 107 Altmeyer Building, 6401 Security 
Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

FOR FURTHER INFORMATION CONTACT: Janet Truhe, Office of Disability 
Programs, Social Security Administration, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, (410) 966-7203. For information on 
eligibility or filing for benefits, call our national toll-free number, 
1-800-772-1213, or TTY 1-800-325-0778, or visit our Internet site, 
Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: 

Background

The Current Sequential Evaluation Process

    We use a five-step ``sequential evaluation process'' \1\ to decide 
whether a claimant is disabled \2\ when he or she applies for 
disability benefits under title II of the Social Security Act (Act) or 
Supplemental Security Income payments based on disability under title 
XVI of the Act. We follow each step in a set order. If we can find that 
a claimant is disabled or not disabled at a step, we do not go on to 
the next step.\3\ If we cannot find that a claimant is disabled or not 
disabled at a step, we evaluate the claim at the next step in the 
sequential evaluation process.\4\ The following is a general overview 
of the five steps.
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    \1\ 20 CFR 404.1520 and 416.920.
    \2\ A claimant is disabled if he or she is unable to do any 
substantial gainful activity because he or she has a medically 
determinable physical or mental impairment that can be expected to 
result in death or can be expected to last for a period of at least 
12 continuous months. See 42 USC 423(d)(1)(A) and 1382c(a)(3)(A); 20 
CFR 404.1505 and 416.905.
    \3\ 20 CFR 404.1520(a)(4) and 416.920(a)(4).
    \4\ Id.
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    At step 1, we consider whether a claimant is working and whether 
the work qualifies as ``substantial gainful

[[Page 56358]]

activity.'' \5\ If the claimant is doing substantial gainful activity, 
we will find that the claimant is not disabled, regardless of his or 
her medical condition, age, education, and work experience. If the 
claimant is not performing substantial gainful activity, we go to the 
second step of the sequential evaluation process.
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    \5\ 20 CFR 404.1520(a)(4)(i) and 416.920(a)(4)(i). We explain 
substantial gainful activity at 20 CFR 404.1510, 404.1572, 416.910, 
and 416.972.
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    At step 2, we consider whether a claimant has any ``severe'' 
impairment(s), which significantly limits his or her physical or mental 
ability to do basic work activities \6\ and whether the impairment(s) 
meets the statutory duration requirement.\7\ If the claimant's 
impairment(s) is not severe or if it does not meet the duration 
requirement, we will find that the claimant is not disabled.\8\ If the 
claimant has a severe impairment(s) that meets the duration 
requirement, we go to the third step of the sequential evaluation 
process.
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    \6\ See 20 CFR 404.1520(a)(4)(ii), 404.1520(c), 
416.920(a)(4)(ii) and 416.920(c). We explain what we mean by an 
impairment that is not severe in 20 CFR 404.1521 and 416.921. We use 
the term ``impairment(s)'' to mean an ``impairment or combination of 
impairments'' in this NPRM.
    \7\ 20 CFR 404.1520(a)(4)(ii) and 416.920(a)(4)(ii). We explain 
the duration requirement at 20 CFR 404.1509 and 416.909.
    \8\ 20 CFR 404.1520(a)(4)(ii), 404.1520(c), 416.920(a)(4)(ii), 
and 416.920(c).
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    At step 3, we consider whether a claimant's impairment(s) meets or 
medically equals in severity an impairment(s) in the Listing of 
Impairments.\9\ If the claimant's impairment(s) meets or medically 
equals in severity a listed impairment, we will find that the claimant 
is disabled. If the claimant does not have an impairment(s) that meets 
or medically equals in severity a listed impairment, we determine the 
claimant's residual functional capacity (RFC)\10\ before we go to the 
fourth step of the sequential evaluation process.
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    \9\ 20 CFR 404.1520(a)(4)(iii) and 416.920(a)(4)(iii). The 
Listing of Impairments are found at 20 CFR part 404 subpart P, 
appendix 1, and they apply to title XVI under 20 CFR 416.925.
    \10\ See 20 CFR 404.1545 and 416.945. The RFC includes an 
assessment of both a claimant's physical and mental capacities.
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    At step 4, we consider whether a claimant can perform any of his or 
her past relevant work (either as the claimant actually performed it or 
as the work is generally performed in the national economy) given his 
or her RFC.\11\ Past relevant work is work that a claimant did within 
the past 15 years, that qualifies as ``substantial gainful activity,'' 
and that lasted long enough for the claimant to learn to do it.\12\ If 
we find that the claimant can perform any of his or her past relevant 
work, we will find that the claimant is not disabled. If the claimant 
cannot perform any of his or her past relevant work, we go to the fifth 
step of the sequential evaluation process because we do not allow 
claims at step 4.
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    \11\ 20 CFR 404.1520(a)(4)(iv), 404.1560(b)(2), 
416.920(a)(4)(iv), and 416.960(b)(2).
    \12\ See 20 CFR 404.1560(b)(1) and 416.960(b)(1).
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    At step 5, we consider whether a claimant's impairment(s) prevents 
him or her from doing any other work that exists in significant numbers 
in the national economy, considering his or her RFC and vocational 
factors (age,\13\ education,\14\ and work experience \15\).\16\ If we 
find that the claimant cannot perform other work, we will find that the 
claimant is disabled. If we find that the claimant can perform other 
work, we will find that the claimant is not disabled.
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    \13\ See 20 CFR 404.1563 and 416.963.
    \14\ See 20 CFR 404.1564 and 416.964.
    \15\ See 20 CFR 404.1565 and 416.965.
    \16\ 20 CFR 404.1520(a)(4)(v) and 404.920(a)(4)(v).
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How We Currently Obtain Evidence and Consider Disability at Step 4 of 
the Sequential Evaluation Process

    At step 4, we determine whether a claimant can perform his or her 
past relevant work given his or her RFC. We require claimants to 
provide us with evidence about the work they performed during the 
relevant 15-year period. This evidence constitutes the claimant's work 
history.
    We need information about each of the claimant's jobs, including 
but not limited to: (1) The claimant's job duties; (2) any tools, 
machinery or equipment he or she used; (3) the amount of walking, 
standing, sitting, lifting, and carrying the claimant did during the 
workday; (4) how long the claimant worked at each job; and (5) the 
physical and mental demands required of the job (either as the claimant 
actually performed it or as it is generally performed in the national 
economy).\17\
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    \17\ 20 CFR 404.1560(b)(2), 404.1565, 416.960(b)(2), and 
416.965.
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    A claimant provides us with work history information on the Form 
SSA-3368 ``Disability Report--Adult'' (or the Internet version of this 
form \18\) and, when necessary, the Form SSA-3369 ``Work History 
Report.'' \19\ Sometimes a claimant does not provide enough information 
on these forms for us to make a step 4 finding. If we do not have 
sufficient information, we will try to contact the claimant and 
possibly the claimant's former employer or other person who knows about 
the work, such as a family member or co-worker.\20\
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    \18\ Currently available at https://secure.ssa.gov/apps6z/radr/radr-fi.
    \19\ Currently available at http://www.socialsecurity.gov/online/ssa-3369.pdf.
    \20\ 20 CFR 404.1565(b) and 416.965(b).
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    Once we have obtained all the information we need, we then compare 
the claimant's RFC to the physical and mental demands of these past 
relevant jobs to determine whether the claimant can still perform any 
of them. To make this comparison, we may use the services of vocational 
experts, vocational specialists, or other resources, such as the 
Dictionary of Occupational Titles, its companions, and supplements 
(published by the Department of Labor).\21\ If we find that a claimant 
can perform any of his or her past relevant work, either as actually 
performed or as generally performed in the national economy, we will 
find that the claimant is not disabled. If the claimant cannot perform 
any of his or her past relevant work, we go to step 5 to determine 
whether he or she can perform other work that exists in significant 
numbers in the national economy.
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    \21\ 20 CFR 404.1560(b)(2), 404.1566(e), 416.960(b)(2), and 
416.966(e).
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How We Currently Obtain Evidence and Consider Disability at Step 5 of 
the Sequential Evaluation Process

    At step 5, we determine whether a claimant's impairment(s) prevents 
him or her from doing any other work that exists in significant numbers 
in the national economy, considering his or her RFC (physical and 
mental) and vocational factors (age, education, and work 
experience).\22\ We use several methods to help us make this finding.
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    \22\ 20 CFR 404.1560(c)(1) and 416.960(c)(1).
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    First, we determine whether the claimant's impairment(s) and his or 
her vocational factors match one of the special medical-vocational 
profiles, which show an inability to adjust to other work.\23\ If those 
profiles do not apply, we use the Medical-Vocational Guidelines 
(Guidelines) either directly or as a framework \24\ to consider whether 
the claimant can perform any other work that exists in significant 
numbers in the national economy.\25\ If a claimant's RFC and vocational 
factors do not coincide with any of the

[[Page 56359]]

Guidelines, we use vocational experts, other vocational specialists, or 
other sources of reliable job information to obtain information to help 
us determine whether the claimant's RFC and vocational factors allow 
the claimant to perform other work that exists in significant numbers 
in the national economy.\26\ If we find that a claimant cannot adjust 
to other work that exists in significant numbers in the economy, we 
find the claimant disabled. If we find that a claimant can adjust to 
other work that exists in significant numbers in the economy, we find 
the claimant not disabled.
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    \23\ See 20 CFR 404.1562 and 416.962, Social Security Ruling 82-
63, and POMS DI 25010.001, available at http://policynet.ba.ssa.gov/poms.nsf/lnx/0425010001. However, the special medical-vocational 
profile in 20 CFR 404.1562(b) and 416.962(b) applies when a claimant 
does not have past relevant work experience.
    \24\ We use the Guidelines as a framework to evaluate a 
disability claim when a claimant has additional limitations that 
erode the available occupational base. 20 CFR 404.1569a and 
416.969a.
    \25\ 20 CFR 404.1569a, 416.969a, and 20 CFR part 404, subpart P, 
appendix 2.
    \26\ 20 CFR 404.1566(e) and 416.966(e).
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Why We Propose To Change the Current Process

    Gathering and evaluating a claimant's work history can be a time-
consuming and labor-intensive process, particularly when the claimant 
has performed multiple jobs during the relevant 15-year period. The 
time we spend obtaining the work history needed to make step 4 findings 
frequently delays the processing of claims and requires us to divert 
our limited administrative resources from processing other claims. This 
delay can occur at all levels of the administrative review process.

Proposed Changes

    We propose to give disability adjudicators at all levels of the 
disability determination process the discretion to evaluate a claim at 
step 5 before making a step 4 finding if there is insufficient evidence 
to make a finding at step 4. If there is insufficient information,\27\ 
the adjudicator would have the discretion to either develop the work 
history at step 4 or go to step 5. If the adjudicator proceeds to step 
5, the adjudicator would consider whether the claimant may be disabled 
based on: (1) The special medical-vocational profiles, (2) the 
Guidelines, whether directly or as a framework, or (3) an inability to 
meet the mental demands of unskilled work.\28\ If any of these rules 
would indicate that the claimant may be disabled or if the adjudicator 
has any doubt whether the claimant can perform other work existing in 
significant numbers in the economy, the adjudicator must return to step 
4 to further develop the claimant's vocational information and 
determine whether the claimant can perform his or her past relevant 
work. The adjudicator must return to step 4 in this situation because 
the Act requires us to make a finding about a claimant's ability to do 
his or her past relevant work before we determine that he or she is 
disabled at step 5.\29\
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    \27\ This includes when an adjudicator first receives a claim to 
process it. We would not require an adjudicator to make a reasonable 
effort to collect additional evidence if he or she could use this 
expedited process.
    \28\ See 20 CFR 404.1569a(c) and 416.969a(c).
    \29\ 42 U.S.C. 423(d)(2)(A) and 1382c(a)(3)(B) provide that ``an 
individual shall be determined to be under a disability only if his 
physical or mental impairment or impairments are of such severity 
that he is not only unable to do his previous work but cannot, 
considering his age, education, and work experience, engage in any 
other kind of substantial gainful work which exists in the national 
economy * * *.'' Therefore, in order for a claimant to be found 
disabled, he or she must be both ``unable to do his [or her] 
previous work'' and unable to do ``any other kind of substantial 
gainful work * * *.''
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    However, the Act does not require us to make such a specific 
finding before we determine that a claimant is not disabled.\30\ 
Therefore, if the adjudicator can determine at step 5 that the claimant 
is not disabled based solely on age, education, and RFC, regardless of 
the claimant's skill level and transferability of those skills, the 
adjudicator would find the claimant is not disabled without returning 
to step 4. In some cases, we will be able to make a finding without 
developing a complete work history.\31\ This proposed expedited process 
would not disadvantage any claimant or change our ultimate conclusion 
about whether a claimant is disabled.
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    \30\ Id.
    \31\ The proposed expedited process would also apply when a 
claimant's mental RFC allows him or her to meet the mental demands 
of unskilled work.
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    The proposed process would also shorten processing times in some 
cases because we would not need to collect unnecessary work history at 
step 4 for claims that we can appropriately deny at step 5 based solely 
on the claimant's age, education, and RFC. For the same reason, this 
expedited process also would help us allocate our resources more 
efficiently and assist in reducing the disability backlog.
    We have been using an expedited process similar to the one we 
propose for almost 12 years in our ten ``prototype'' States.\32\ 
Adjudicators in the prototype States have been able to evaluate and 
deny a claim at step 5 in certain cases where there is insufficient 
information to make a finding at step 4.\33\ Our experience in the 
prototype states supports the conclusion that the process does not 
change our ultimate decision as to whether or not a claimant is 
disabled.
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    \32\ The ten prototype States are: Alabama, Alaska, California 
(Los Angeles North and Los Angles West Branches), Colorado, 
Louisiana, Michigan, Missouri, New Hampshire, New York, and 
Pennsylvania. The prototype combines the use of a single 
decisionmaker at the initial level of our administrative review 
process (a disability examiner who may make the initial disability 
determination in most cases without obtaining the signature of a 
medical or psychological consultant) with the elimination of the 
reconsideration level of our administrative review process. 20 CFR 
404.906, 416.1406; 74 FR 48797 (2009).
    \33\ The procedures for processing claims in ``prototype'' 
States, including the instructions for expedited vocational 
development and documentation, are in the Prototype Operating 
Instructions Manual available at http://www.ssa.gov/disability/Documents/Prototype_Operating_Instructions.doc.
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    We would apply this expedited process to adult disability and 
disabled adult child claims under titles II and XVI and to age 18 
redeterminations under title XVI. We would also apply this process when 
we decide whether a current adult beneficiary's disability 
continues.\34\ We would not use the proposed process to evaluate title 
XVI childhood disability claims because those claims do not use 
vocational criteria.\35\
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    \34\ See 20 CFR 404.1594 and 416.994.
    \35\ See 20 CFR 416.924.
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    We propose to add this new procedure in new paragraphs 404.1520(h), 
404.1594(f)(9), 416.920(h), and 416.994(b)(5)(viii). We also propose to 
make a number of conforming changes and plain language changes in other 
sections.

Clarity of These Proposed Rules

    Executive Order 12866 requires each agency to write all rules in 
plain language. In addition to your substantive comments on this NPRM, 
we invite your comments on how to make them easier to understand.
    For example:
     Would more, but shorter, sections be better?
     Are the requirements in the rules clearly stated?
     Have we organized the material to suit your needs?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rules easier to 
understand?
     Do the rules contain technical language or jargon that is 
not clear?
     Would a different format make the rules easier to 
understand, e.g., grouping and order of sections, use of headings, 
paragraphing?

When will we start to use these rules?

    We will not use these rules until we evaluate public comments and 
publish final rules in the Federal Register. All final rules we issue 
include an effective date. If we publish final rules, we will include a 
summary of relevant comments we received, responses to them, and an 
explanation of how we will apply the new rules.

[[Page 56360]]

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this NPRM meets the criteria for a significant 
regulatory action under Executive Order 12866, as supplemented by 
Executive Order 13563. Thus, OMB reviewed it.

Regulatory Flexibility Act

    We certify that this NPRM will not have a significant economic 
impact on a substantial number of small entities because it only 
affects individuals. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Paperwork Reduction Act

    This NPRM does not impose new reporting or recordkeeping 
requirements and is not 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; and 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, Reporting and recordkeeping 
requirements, Supplemental Security Income (SSI).

    Dated: September 7, 2011.
Michael J. Astrue,
Commissioner of Social Security.
    For the reasons set out in the preamble, we propose to amend title 
20 of the Code of Federal Regulations part 404 subpart P and part 416 
subpart I 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 is revised to 
read as follows:

    Authority:  Secs. 202, 205(a)-(b) and (d)-(h), 216(i), 221(a), 
(i), and (j), 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), (i), and 
(j), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 
110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 
U.S.C. 902 note).

    2. Amend Sec.  404.1505 by revising the sixth sentence of paragraph 
(a) to read as follows:


Sec.  404.1505  Basic definition of disability.

    (a) * * * If we find that you cannot do your past relevant work, we 
will use the same residual functional capacity assessment and your 
vocational factors of age, education, and work experience to determine 
if you can do other work (see Sec.  404.1520(h) for an exception to 
this rule.).
* * * * *
    3. Amend Sec.  404.1520 by adding a new second sentence to 
paragraph (a)(4), by revising the last sentence of paragraph 
(a)(4)(iv), the last sentence of paragraph (a)(4)(v), the second 
sentence of paragraph (f), and by adding a new paragraph (h), to read 
as follows:


Sec.  404.1520  Evaluation of disability in general.

    (a) * * *
    (4) * * * See paragraph (h) of this section for an exception to 
this rule. * * *
    (iv) * * * (See paragraphs (f) and (h) of this section and Sec.  
404.1560(b)).
    (v) * * * (See paragraphs (g) and (h) of this section and Sec.  
404.1560(c)).
* * * * *
    (f) * * * (See paragraph (h) of this section and Sec.  
404.1560(b)). * * *
* * * * *
    (h) Expedited process. If we do not find you disabled at the third 
step, and we do not have sufficient evidence about your past relevant 
work to make a finding at the fourth step, we may proceed to the fifth 
step of the sequential evaluation process. If we find that you can 
adjust to other work based solely on your age, education, and the same 
residual functional capacity assessment we made under paragraph (e), we 
will find that you are not disabled and will not make a finding about 
whether you can do your past relevant work at the fourth step. If we 
find that you may be unable to adjust to other work, we will assess 
your claim at the fourth step and make a finding about whether you can 
perform your past relevant work. (See paragraph (g) of this section and 
Sec.  404.1560(c)).
    4. Amend Sec.  404.1545 by revising the first sentence of paragraph 
(a)(5)(ii) to read as follows:


Sec.  404.1545  Your residual functional capacity.

    (a) * * *
    (5) * * *
    (ii) If we find that you cannot do your past relevant work, you do 
not have any past relevant work, or if we use the procedures in Sec.  
404.1520(h), we will use the same assessment of your residual 
functional capacity at step five of the sequential evaluation process 
to decide if you can adjust to any other work that exists in the 
national economy.
* * * * *
    5. Amend Sec.  404.1560 by adding a second sentence to paragraph 
(b) and revising the first two sentences of paragraph (c)(1) to read as 
follows:


Sec.  404.1560  When we will consider your vocational background.

* * * * *
    (b) * * * See Sec.  404.1520(h) for an exception to this rule.
    (c) Other work. (1) If we find that your residual functional 
capacity does not enable you to do any of your past relevant work or if 
we use the procedures in Sec.  404.1520(h), we will use the same 
residual functional capacity assessment when we decide if you can 
adjust to any other work. We will look at your ability to adjust to 
other work by considering your residual functional capacity and the 
vocational factors of age, education, and work experience, as 
appropriate in your case (see Sec.  404.1520(h) for an exception to 
this rule).
* * * * *
    6. Amend Sec.  404.1565 by revising the second sentence of 
paragraph (b) to read as follows:


Sec.  404.1565  Your work experience as a vocational factor.

* * * * *
    (b) * * * If you cannot give us all of the information we need, we 
may try, with your permission, to get it from your employer or other 
person who knows about your work, such as a member of your family or a 
co-worker. * * *
    7. Amend Sec.  404.1569 by revising the third sentence to read as 
follows:


Sec.  404.1569  Listing of Medical-Vocational Guidelines in appendix 2.

    * * * We apply these rules in cases where a person is not doing 
substantial gainful activity and is prevented by a severe medically 
determinable impairment from doing vocationally relevant past work (see 
Sec.  404.1520(h) for an exception to this rule). * * *
    8. Amend Sec.  404.1594 by revising paragraph (f)(8) and adding a 
new paragraph (f)(9) to read as follows:


Sec.  404.1594  How we will determine whether your disability continues 
or ends.

* * * * *

[[Page 56361]]

    (f) * * *
    (8) If you are not able to do work you have done in the past, we 
will consider whether you can do other work given the residual 
functional capacity assessment made under paragraph (f)(7) of this 
section and your age, education, and past work experience. (See Sec.  
404.1594(f)(9) for an exception to this rule.) If you can, we will find 
that your disability has ended. If you cannot, we will find that your 
disability continues.
    (9) We may proceed to the final step, described in paragraph (f)(8) 
of this section, if the evidence in your file about your past relevant 
work is not sufficient for us to make a finding under paragraph (f)(7) 
of this section about whether you can perform your past relevant work. 
If we find that you can adjust to other work based solely on your age, 
education, and residual functional capacity, we will find that you are 
no longer disabled, and we will not make a finding about whether you 
can do your past relevant work under paragraph (f)(7) of this section. 
If we find that you may be unable to adjust to other work, we will 
assess your claim under paragraph (f)(7) of this section and make a 
finding about whether you can perform your past relevant work.
* * * * *

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

Subpart I--[Amended]

    9. The authority citation for subpart I of part 416 continues to 
read as follows:

    Authority:  Secs. 221(m), 702(a)(5), 1611, 1614, 1619, 1631(a), 
(c), (d)(1), and (p), and 1633 of the Social Security Act (42 U.S.C. 
421(m), 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), (d)(1), and 
(p), 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, and 1382h note).

    10. Amend Sec.  416.905 by revising the last sentence of paragraph 
(a) to read as follows:


Sec.  416.905  Basic definition of disability.

    (a)* * * If we find that you cannot do your past relevant work, we 
will use the same residual functional capacity assessment and your 
vocational factors of age, education, and work experience to determine 
if you can do other work (see Sec.  416.920(h) for an exception to this 
rule.).
* * * * *
    11. Amend Sec.  416.920 by adding a new second sentence to 
paragraph (a)(4), by revising the last sentence of paragraph 
(a)(4)(iv), the last sentence of paragraph (a)(4)(v), the second 
sentence of paragraph (f), and by adding a new paragraph (h), to read 
as follows:


Sec.  416.920  Evaluation of disability in general.

    (a) * * *
    (4) * * * See paragraph (h) of this section for an exception to 
this rule. * * *
    (iv) * * * (See paragraphs (f) and (h) of this section and Sec.  
416.960(b)).
    (v) * * * (See paragraphs (g) and (h) of this section and Sec.  
416.960(c)).
* * * * *
    (f) * * * (See paragraph (h) of this section and Sec.  416.960(b)). 
* * *
* * * * *
    (h) Expedited process. If we do not find you disabled at the third 
step, and we do not have sufficient evidence about your past relevant 
work to make a finding at the fourth step, we may proceed to the fifth 
step of the sequential evaluation process. If we find that you can 
adjust to other work based solely on your age, education, and the same 
residual functional capacity assessment we made under paragraph (e), we 
will find that you are not disabled and will not make a finding about 
whether you can do your past relevant work at the fourth step. If we 
find that you may be unable to adjust to other work, we will assess 
your claim at the fourth step and make a finding about whether you can 
perform your past relevant work. (See paragraph (g) of this section and 
Sec.  416.960(c)).
    12. Amend Sec.  416.945 by revising the first sentence of paragraph 
(a)(5)(ii) to read as follows:


Sec.  416.945  Your residual functional capacity.

    (a) * * *
    (5) * * *
    (ii) If we find that you cannot do your past relevant work, you do 
not have any past relevant work, or if we use the procedures in Sec.  
416.920(h), and Sec.  416.962 does not apply, we will use the same 
assessment of your residual functional capacity at step five of the 
sequential evaluation process to decide if you can adjust to any other 
work that exists in the national economy.
* * * * *
    13. Amend Sec.  416.960 by adding a second sentence to paragraph 
(b) and revising the first two sentences of paragraph (c)(1) to read as 
follows:


Sec.  416.960  When we will consider your vocational background.

* * * * *
    (b) * * * See Sec.  416.920(h) for an exception to this rule.
    (c) Other work. (1) If we find that your residual functional 
capacity does not enable you to do any of your past relevant work or if 
we use the procedures in Sec.  416.920(h), we will use the same 
residual functional capacity assessment when we decide if you can 
adjust to any other work. We will look at your ability to adjust to 
other work by considering your residual functional capacity and the 
vocational factors of age, education, and work experience, as 
appropriate in your case (see Sec.  416.920(h) for an exception to this 
rule).
* * * * *
    14. Amend Sec.  416.965 by revising the second sentence of 
paragraph (b) to read as follows:


Sec.  416.965  Your work experience as a vocational factor.

* * * * *
    (b) * * * If you cannot give us all of the information we need, we 
may try, with your permission, to get it from your employer or other 
person who knows about your work, such as a member of your family or a 
co-worker. * * *
    15. Amend Sec.  416.969 by revising the third sentence to read as 
follows:


Sec.  416.969  Listing of Medical-Vocational Guidelines in appendix 2 
of subpart P of part 404 of this chapter.

    * * * We apply these rules in cases where a person is not doing 
substantial gainful activity and is prevented by a severe medically 
determinable impairment from doing vocationally relevant past work (see 
Sec.  416.920(h) for an exception to this rule). * * *
    16. Amend Sec.  416.987 by revising the first sentence of paragraph 
(b) to read as follows:


Sec.  416.987  Disability redeterminations for individuals who attain 
age 18.

* * * * *
    (b) * * * When we redetermine your eligibility, we will use the 
rules for adults (individuals age 18 or older) who file new 
applications explained in Sec. Sec.  416.920(c) through (h). * * *
* * * * *
    17. Amend Sec.  416.994 by revising paragraph (b)(5)(vii) and 
adding a new paragraph (b)(5)(viii) to read as follows:


Sec.  416.994  How we will determine whether your disability continues 
or ends, disabled adults.

* * * * *
    (b) * * *
    (5) * * *
    (vii) If you are not able to do work you have done in the past, we 
will consider whether you can do other work given the residual 
functional capacity assessment made under paragraph (b)(5)(vi) of this 
section and your age,

[[Page 56362]]

education, and past work experience. (See Sec.  416.994(b)(5)(viii) for 
an exception to this rule.) If you can, we will find that your 
disability has ended. If you cannot, we will find that your disability 
continues.
    (viii) We may proceed to the final step, described in paragraph 
(b)(5)(vii) of this section, if the evidence in your file about your 
past relevant work is not sufficient for us to make a finding under 
paragraph (b)(5)(vi) of this section about whether you can perform your 
past relevant work. If we find that you can adjust to other work based 
solely on your age, education, and residual functional capacity, we 
will find that you are no longer disabled, and we will not make a 
finding about whether you can do your past relevant work under 
paragraph (b)(5)(vi) of this section. If we find that you may be unable 
to adjust to other work, we will assess your claim under paragraph 
(b)(5)(vi) of this section and make a finding about whether you can 
perform your past relevant work.
* * * * *
[FR Doc. 2011-23396 Filed 9-12-11; 8:45 am]
BILLING CODE 4191-02-P