[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Proposed Rules]
[Pages 5755-5757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01522]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2012-0066]
RIN 0960-AH52
Change in Terminology: ``Mental Retardation'' to ``Intellectual
Disability''
AGENCY: Social Security Administration.
ACTION: Notice of proposed rulemaking.
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SUMMARY: We propose to replace the term ``mental retardation'' with
``intellectual disability'' in our Listing of Impairments (listings)
that we use to evaluate claims involving mental disorders in adults and
children under titles II and XVI of the Social Security Act (Act) and
in other appropriate sections of our rules. This change would reflect
the widespread adoption of the term ``intellectual disability'' by
Congress, government agencies, and various public and private
organizations.
DATES: To ensure that your comments are considered, we must receive
them no later than February 27, 2013.
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-2012-0066, 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 that you submit your comments
via the Internet. Please visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Search function to find docket number
SSA-2012-0066. The system will issue a tracking number to confirm your
submission. You will not be able to view your comment immediately
because we must post each comment manually. 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 and
Reports Clearance, Social Security Administration, 107 Altmeyer
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.
[[Page 5756]]
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: Cheryl Williams, Office of Medical
Listings Improvement, Social Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1020. 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 term ``intellectual disability'' is gradually replacing the
term ``mental retardation'' nationwide. Advocates for individuals with
intellectual disability have rightfully asserted that the term ``mental
retardation'' has negative connotations, has become offensive to many
people, and often results in misunderstandings about the nature of the
disorder and those who have it.
In October 2010, partly in response to these concerns, Congress
passed Rosa's Law, which changed references to ``mental retardation''
in specified Federal laws to ``intellectual disability,'' and
references to ``a mentally retarded individual'' to ``an individual
with an intellectual disability.'' \1\ Rosa's Law also required the
Federal agencies that administer affected laws to make conforming
amendments to their regulations.
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\1\ Public Law 111-256.
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Rosa's Law did not specifically include titles II and XVI of the
Act within its scope, and therefore, did not require us to make any
changes to our existing regulations. However, consistent with the
concerns expressed by Congress when it enacted Rosa's Law, and in
response to numerous inquiries from advocate organizations, we propose
to revise our rules to use the term ``intellectual disability'' in the
name of our current listings and in our other regulations. In so doing,
we would join other agencies that have responded to the spirit of the
law, even though Rosa's Law did not require them to change their
terminology.\2\
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\2\ See 77 FR 29002, 77 FR 6022-01.
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However, unlike other agencies that adopted the use of the term
``intellectual disability,'' we are bound by a legal definition of the
word ``disability.'' The Act and our regulations define ``disability''
in specific terms and outline the requirements that an individual must
meet in order to establish entitlement or eligibility to receive
disability benefits.\3\ As a result, a person who has a medically
determinable intellectual impairment, including intellectual
disability, is not ``under a disability'' within the meaning of the Act
until we have determined that the impairment satisfies all of the
statutory and regulatory requirements for establishing disability; that
is, until we find that the impairment results in an inability to do any
substantial gainful activity, or, in a child under title XVI, results
in marked and severe functional limitations. Consequently, the use of
the term ``intellectual disability'' would not mean that we will
necessarily find an individual disabled within the meaning of the Act.
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\3\ Sections 216(i)(1) and 1614(a)(3)(B)-(C) of the Act.
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Under this proposed change, an individual would be able to file a
claim based on having ``intellectual disability'' under our rules. We
may find the individual to have a medically determinable intellectual
impairment that is severe at the second step of our sequential
evaluation process, but that does not meet or equal the requirements of
our current listings. At the fourth and fifth steps of our sequential
evaluation process, we may find that an individual with a medically
determinable intellectual impairment has the residual functional
capacity to perform his or her past relevant work, or has the capacity
to perform a significant number of jobs in the national economy, and is
therefore not ``under a disability'' as defined in the Act.
What changes are we proposing?
We propose to replace the term ``mental retardation'' with
``intellectual disability'' wherever it appears in the listings and in
our other rules. The proposed changes would affect listings 12.05 and
112.05; the introductions to 10.00, the Part A adult listings, and
110.00, the Part B child listings for impairments that affect multiple
body systems; the introductions to 12.00, the Part A adult listings,
and 112.00, the Part B child listings for mental disorders; and
sections 404.1513(a)(2) and 416.913(a)(2). We also propose to replace
the words ``mentally retarded children'' with ``children with
intellectual disability'' in the examples in sections 404.2045(a) and
416.645(a).
As part of our ongoing commitment to update and improve our
listings, we published a Notice of Proposed Rulemaking (NPRM) on August
19, 2010, in which we proposed to revise the criteria in the listings
that we use to evaluate claims involving mental disorders in adults and
children under titles II and XVI of the Act.\4\ We are currently
considering the comments received in response to the NPRM in our
revision of the mental disorders listings. The proposed language change
in this rule is not in response to that NPRM. Additionally, this
nomenclature change would not make any other changes to our current
listings or other rules and therefore would not affect how we evaluate
a claim based on ``intellectual disability.''
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\4\ 75 FR 51336. We also published a notice with a limited
reopening of the NPRM comment period on November 24, 2010, at 75 FR
71632.
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Regulatory Procedures
Executive Order 12866, as Supplemented by Executive Order 13563
We have consulted with the Office of Management and Budget (OMB)
and determined that this proposed rule meets the criteria for a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563. Therefore, OMB reviewed it.
Regulatory Flexibility Act
We certify that this proposed rule will not have a significant
economic impact on a substantial number of small entities because it
affects individuals only. Therefore, the Regulatory Flexibility Act, as
amended, does not require us to prepare a regulatory flexibility
analysis.
Paperwork Reduction Act
While this proposed rule will not impose new public reporting
burdens, it will require changes to existing OMB-approved information
collections that contain the language referenced in this rule. We will
make changes to the affected information collections via separate non-
substantive change requests.
(Catalog of Federal Domestic Program Nos. 96.001, Social Security--
Disability Insurance; 96.002, Social Security--Retirement Insurance;
96.004, Social Security--Survivors Insurance; and No. 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.
[[Page 5757]]
20 CFR Part 416
Administrative practice and procedure, Medicaid, Reporting and
recordkeeping requirements, Supplemental Security Income (SSI).
Dated: January 18, 2013.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the preamble, we propose to amend 20 CFR
chapter III as follows:
PART 404--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
Subpart P--Determining Disability and Blindness
0
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),
(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).
Sec. 404.1513 [Amended]
0
2. Amend Sec. 404.1513(a)(2) by removing the words ``mental
retardation'' and adding in their place ``intellectual disability''.
Appendix 1 to Subpart P of Part 404 [Amended]
0
3. Amend Appendix 1 to subpart P of part 404 by:
0
a. Removing the words ``mental retardation'' and adding in their place
``intellectual disability'' wherever they occur;
0
b. Removing the words ``Mental retardation'' and adding in their place
``Intellectual disability'' wherever they occur; and
0
c. Removing the words ``Mental Retardation'' and adding in their place
``Intellectual Disability'' wherever they occur.
Subpart U--Representative Payment
0
4. The authority citation for subpart U of part 404 continues to read
as follows:
Authority: Secs. 205(a), (j), and (k), and 702(a)(5) of the
Social Security Act (42 U.S.C. 405(a), (j), and (k), and 902(a)(5)).
Sec. 404.2045 [Amended]
0
5. Amend the example in Sec. 404.2045(a) by removing the words
``mentally retarded children'' and adding in their place ``children
with intellectual disability''.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart F--Representative Payment
0
6. The authority citation for subpart F of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1613(a)(2) and (d)(1) of the Social
Security Act (42 U.S.C. 902(a)(5) and 1383(a)(2) and (d)(1)).
Sec. 416.645 [Amended]
0
7. Amend the example in Sec. 416.645(a) by removing the words
``mentally retarded children'' and adding in their place ``children
with intellectual disability''.
Subpart I--Determining Disability and Blindness
0
8. 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).
Sec. 416.913 [Amended]
0
9. Amend Sec. 416.913(a)(2) by removing the words ``mental
retardation'' and adding in their place ``intellectual disability''.
[FR Doc. 2013-01522 Filed 1-25-13; 8:45 am]
BILLING CODE 4191-02-P