[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Rules and Regulations]
[Pages 36203-36204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14914]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Docket No. SSA-2009-0027]
RIN 0960-AH02
Electronic Substitutions for SSA-538
AGENCY: Social Security Administration.
ACTION: Final rules.
-----------------------------------------------------------------------
SUMMARY: This final rule adopts, without change, the final rule with
request for comments we published in the Federal Register (76 FR 41685)
on July 15, 2011. We are revising our regulations to reflect our use of
electronic case processing at the initial and reconsideration levels of
our administrative review process. We are not changing the requirement
that State agency medical and psychological consultants must affirm the
accuracy and completeness of their findings of fact and discussion of
the supporting evidence, only the manner in which they may provide the
required findings and affirmation. This revision will improve our
efficiency by increasing our use of electronic resources.
DATES: These final rules are effective June 26, 2014.
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
We are making final the rules for using electronic substitutions
for the Childhood Disability Evaluation Form (SSA-538) we published as
a final rule with request for comments in the Federal Register on July
15, 2011. We previously required adjudicators at the initial and
reconsideration levels to complete Form SSA-538 in all cases of
children alleging disability or continuing disability under title XVI
of the Social Security Act. We now provide a Web-based tool that
assists our adjudicators in making disability determinations at the
initial and reconsideration levels. We use the new tool in electronic
cases but do not use it for cases that we do not process
electronically. The final rule permits our adjudicators to substitute
the Web-
[[Page 36204]]
based tool for Form SSA-538. If adjudicators do not use the Web-based
tool, we still require them to complete Form SSA-538 to explain our
findings in childhood disability determinations.
Public Comments
On July 15, 2011, we published a final rule with request for
comments in the Federal Register at 76 FR 41685 and provided a 60-day
public comment period. We received one comment. We carefully considered
the concerns expressed in this comment, but did not make any changes to
the final rule.
We have summarized the commenter's view and have responded to the
significant issue raised by the commenter.
Comment: The commenter was concerned with the consistency between
claims that are filed on paper and those filed electronically, and
suggested that Form SSA-538 be available for electronic claims to
ensure that all children's claims receive the same considerations.
Response: We did not adopt this comment. While we believe that
consistency in adjudication is important, we do not agree that Form
SSA-538 should be available on the Web-based tool that adjudicators
currently use in evaluating childhood disability claims. As we noted in
the preamble to our July 2011 final rule with request for comments (76
FR 41686), although the Web-based tool does not include an exact copy
of Form SSA-538, the tool does include all of the major elements of the
form for explaining our findings in these claims. That is, the
consultant with overall responsibility must affirm that he or she
considered the factors and evidence, as we require, in determining
whether a child's impairment(s) is severe, meets or medically equals a
listing, or functionally equals the listings.
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 final rule does not meet the criteria for a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563. Therefore, OMB did not reviewed
it.
Regulatory Flexibility Act
We certify that these rules would not have a significant economic
impact on a substantial number of small entities because they affect
individuals only. Therefore, a regulatory flexibility analysis is not
required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new or affect any existing
collections and, therefore, do not require OMB approval under the
Paperwork Reduction Act.
(Catalog of Federal Domestic Program No. 96.006, Supplemental
Security Income)
List of Subjects in 20 CFR Part 416
Administrative practice and procedure; Aged, Blind, Disability
benefits; Public assistance programs; Reporting and recordkeeping
requirements; Supplemental Security Income (SSI).
Dated: June 19, 2014.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
Accordingly, the final rule with request for comments amending 20
CFR chapter III, part 416, subpart I that was published at 76 FR 41685
on July 15, 2011, is adopted as a final rule without change.
[FR Doc. 2014-14914 Filed 6-25-14; 8:45 am]
BILLING CODE 4191-02-P