[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72571-72572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28836]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2013-0040]
RIN 0960-AH49
Extension of Expiration Date for Mental Disorders Body System
Listings
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: We are extending the expiration date of the Mental Disorders
body system in the Listing of Impairments (listings) in our
regulations. We are making no other revisions to this body system in
this final rule. This extension will ensure that we continue to have
the criteria we need to evaluate mental disorders at step three of the
sequential evaluation processes for initial claims and continuing
disability reviews.
DATES: This final rule is effective on December 3, 2013.
FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Director, Office
of Medical Listings Improvement, 6401 Security Boulevard, Baltimore, MD
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
We use the listings in appendix 1 to subpart P of part 404 of 20
CFR at the third step of the sequential evaluation process to evaluate
claims filed by adults and children for benefits based on disability
under the title II and title XVI programs.\1\ 20 CFR 404.1520(d),
416.920(d). The listings are in two parts: Part A has listings criteria
for adults and Part B has listings criteria for children. If you are
age 18 or over, we apply the listings criteria in part A when we assess
your impairment or combination of impairments. If you are under age 18,
we first use the criteria in part B of the listings when we assess your
impairment(s). If the criteria in part B do not apply, we may use the
criteria in part A when those criteria give appropriate consideration
to the effects of your impairment(s). 20 CFR 404.1525(b), 416.925(b).
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\1\ We also use the listings in the sequential evaluation
process we use to determine whether a beneficiary's disability
continues. See 20 CFR 404.1594, 416.994, and 416.994a.
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Explanation of Changes
In this final rule, we are extending the date on which the mental
disorders body system listings will no longer be effective from January
2, 2014 to January 2, 2015.
We continue to revise and update all of the listings on a regular
basis, including those body systems not affected by this final
rule.2 3 We intend to update the mental disorders body
system listings as quickly as possible, but may not be able to publish
the final rule revising the listings in this body system by the current
expiration date. We published a Notice of Proposed Rulemaking in the
Federal Register on August 19, 2010, in which we proposed
[[Page 72572]]
changes to the Mental Disorders listings. We received comments from
2,243 public commenters. We are drafting a final rule for the listings
in this body system that responds to the significant suggestions and
concerns raised by the commenters. Many of the claims for disability
that we receive involve mental disorders, and a large number of people
would be affected by any changes we make to the Mental Disorders
listings. We are carefully considering the changes necessary to update
these listings before we publish a final rule. Therefore, we are
extending the current expiration date for the Mental Disorders body
system listings.
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\2\ 75 FR 51336 (2010). We also recently published a final rule
that makes a technical change by replacing the term ``mental
retardation'' in our listings and elsewhere in our rules to
``intellectual disability.'' 78 FR 46499 (2013).
\3\ Since we last extended the expiration date of some of the
listings in June 2012 (77 FR 35264 (2012)), we have published final
rules revising the medical criteria for evaluating congenital
disorders that affect multiple body systems (78 FR 7659 (2013)), and
the medical criteria for evaluating visual disorders in the special
senses and speech body system (78 FR 18837 (2013)). We have also
published proposed rules that would revise the medical criteria for
evaluating genitourinary disorders (78 FR 7695 (2013)) and
respiratory system disorders (78 FR 7968 (2013)), and provide
criteria for evaluating growth disorders and weight loss in children
(78 FR 30249 (2013)).
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Regulatory Procedures
Justification for Final Rule
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 in promulgating regulations.
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5).
Generally, the APA requires that an agency provide prior notice and
opportunity for public comment before issuing a final regulation. The
APA provides exceptions to the notice-and-comment requirements when an
agency finds there is good cause for dispensing with such procedures
because they are impracticable, unnecessary, or contrary to the public
interest.
We determined that good cause exists for dispensing with the notice
and public comment procedures. 5 U.S.C. 553(b)(B). This final rule only
extends the date on which the mental disorders body system listings
will no longer be effective. It makes no substantive changes to our
rules. Our current regulations \4\ provide that we may extend, revise,
or promulgate the body system listings again. Therefore, we have
determined that opportunity for prior comment is unnecessary, and we
are issuing this regulation as a final rule.
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\4\ See the first sentence of appendix 1 to subpart P of part
404 of 20 CFR.
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In addition, for the reasons cited above, we find good cause for
dispensing with the 30-day delay in the effective date of this final
rule. 5 U.S.C. 553(d)(3). We are not making any substantive changes to
the listings in this body system. Without an extension of the
expiration date for these listings, we will not have the criteria we
need to assess medical impairments in the mental disorder body system
at step three of the sequential evaluation processes. We therefore find
it is in the public interest to make this final rule effective on the
publication date.
Executive Order 12866, as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that this final rule does not meet the requirements for a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563. Therefore, OMB did not review
it. We also determined that this final rule meets the plain language
requirement of Executive Order 12866.
Regulatory Flexibility Act
We certify that this final rule does not have a significant
economic impact on a substantial number of small entities because it
affects only individuals. Therefore, a regulatory flexibility analysis
is not required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
This rule does not create any new or affect any existing
collections, and therefore does not require OMB approval under the
Paperwork Reduction Act.
(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: November 22, 2013.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons set out in the preamble, we are amending appendix 1
to subpart P of part 404 of chapter III of title 20 of the Code of
Federal Regulations as set forth below.
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950-)
Subpart P--[Amended]
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).
0
2. Amend appendix 1 to subpart P of part 404 by revising item 13 of the
introductory text before Part A to read as follows:
Appendix 1 to Subpart P of Part 404--Listing of Impairments
* * * * *
13. Mental Disorders (12.00 and 112.00): January 2, 2015.
* * * * *
[FR Doc. 2013-28836 Filed 12-2-13; 8:45 am]
BILLING CODE 4191-02-P