[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Rules and Regulations]
[Pages 43709-43710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20869]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Regulations No. 4]
RIN 0960-AE19
Federal Old-Age, Survivors and Disability Insurance; Determining
Disability and Blindness; Extension of Expiration Date for Adult Mental
Disorders Listings
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Social Security Administration (SSA) issues listings of
impairments to evaluate disability and blindness under the Social
Security and supplemental security income (SSI) programs. This rule
extends the expiration date for the adult mental disorders listings and
makes two nonsubstantive technical changes described below. We have
made no revisions to the medical criteria in the listings; they remain
the same as they now appear in the Code of Federal Regulations. This
extension will ensure that we continue to have medical evaluation
criteria in the listings to adjudicate claims for disability based on
mental impairments at step three of our sequential evaluation process.
EFFECTIVE DATE: This regulation is effective August 23, 1995.
FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register
document--Richard M. Bresnick, Legal Assistant, Division of Regulations
and Rulings, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235, (410) 965-1758; regarding eligibility or filing
for benefits--our national toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION: On August 28, 1985, we published revised
adult mental disorders listings (50 FR 35038) in part A of appendix 1
(Listing of Impairments) to subpart P of part 404. We use the listings
to evaluate disability and blindness at the third step of the
sequential evaluation process for adults and children under the Social
Security and SSI programs. The listings describe impairments considered
severe enough to prevent a person from doing any gainful activity, or,
for an individual under age 18 applying for SSI benefits based on
disability, from functioning independently, appropriately, and
effectively in an age-appropriate manner. We use the criteria in part A
mainly to evaluate impairments of adults. We use the criteria in part B
first to evaluate impairments of individuals under age 18. If those
criteria do not apply, we may use the criteria in part A.
When we published the revised adult mental disorders listings in
August 1985, we indicated that medical advances in disability
evaluation and treatment and program experience would require that the
listings be periodically reviewed and updated. Accordingly, we
established a date of August 28, 1988, on which the listings would no
longer be effective unless extended by the Secretary of Health and
Human Services (the Secretary) or revised and promulgated again. Under
the Social Security Independence and Program Improvements Act of 1994,
Public Law (Pub. L.) 103-296, this authority was transferred to the
Commissioner of Social Security (the Commissioner).
Subsequently, we issued a number of final rules extending the
expiration date of the adult mental disorders listings. The last was
published on August 16, 1994 (59 FR 41974) and provided that the
listings for adult mental disorders would no longer be effective on
August 28, 1995. Also, on July 18, 1991, we published a notice of
proposed rulemaking (NPRM) (56 FR 33130) that included proposed
revisions to those listings. We will publish any changes to the
listings based on that NPRM in a subsequent final rule.
In this final regulation, we are extending for two years, to August
28, 1997, the date on which the adult mental disorders listings will no
longer be effective. We believe that the requirements in these listings
are still valid for our program purposes. Specifically, if we find that
an individual has an impairment that meets the statutory duration
requirement and also meets or is equivalent in severity to an
impairment in the listings, we will find that the individual is
disabled without completing the remaining steps of the
[[Page 43710]]
sequential evaluation process. We do not use the listings to find that
an individual is not disabled. Individuals whose impairments do not
meet or equal the criteria of the listings receive individualized
assessments at the subsequent steps of the sequential evaluation
process.
Also, in the introductory text of the Listing of Impairments, we
are changing the reference from the Secretary to the Commissioner. This
change reflects the transfer of functions which took place, effective
March 31, 1995, pursuant to Public Law 103-296, which made SSA an
independent agency, separate from the Department of Health and Human
Services.
Further, in the list of dates on which the various body system
listings will no longer be effective, we are revising the format of
item 5, Cardiovascular System, to be consistent with the rest of the
list. We are not changing the date in the entry, only the format. The
current entry was in the revised cardiovascular system listings
published on February 10, 1994 (59 FR 6468).
Regulatory Procedures
Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.
902(5)(a), SSA follows the Administrative Procedure Act (APA)
rulemaking procedures specified in 5 U.S.C. 553 in the development of
its regulations. The APA provides exceptions to its notice and public
comment procedures when an agency finds there is good cause for
dispensing with such procedures on the basis that they are
impracticable, unnecessary, or contrary to the public interest. We have
determined that, under 5 U.S.C. 553(b)(B), good cause exists for
dispensing with the notice and public comment procedures in this case.
Good cause exists because this regulation only extends the date on
which the adult mental disorders listings will no longer be effective
and makes minor technical changes to the introductory text of the
listings. It makes no substantive changes to the listings. The current
regulations expressly provide that the listings may be extended, as
well as revised and promulgated again. Therefore, opportunity for prior
comment is unnecessary, and we are issuing these changes to our
regulations as a final rule.
In addition, we find good cause for dispensing with the 30-day
delay in the effective date of a substantive rule, provided for by 5
U.S.C. 553(d). As explained above, we are not making any substantive
changes in the listings. However, without an extension of the
expiration date for the adult mental disorders listings, we will lack
regulatory guidelines for assessing mental impairments at the third
step of the sequential evaluation processes after the current
expiration date of the listings. In order to ensure that we continue to
have regulatory criteria for assessing these impairments under the
listings, we find that it is in the public interest to make this rule
effective upon publication.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that this rule does not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, it was
not subject to OMB review.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. Therefore, a
regulatory flexibility analysis as provided in Public Law 96-354, the
Regulatory Flexibility Act, is not required.
Paperwork Reduction Act
This regulation imposes no reporting/recordkeeping requirements
necessitating clearance by OMB.
(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: July 27, 1995.
Shirley Chater,
Commissioner of Social Security.
For the reasons set forth in the preamble, part 404, subpart P,
chapter III of title 20 of the Code of Federal Regulations is amended
as set forth below.
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
1. The authority citation for subpart P of part 404 is revised to
read as follows:
Authority: Secs. 202, 205(a), (b), and (d) through (h), 216(i),
221(a) and (i), 222(c), 223, 225, and 702(a)(5) of the Social
Security Act (42 U.S.C. 402, 405(a), (b), and (d) through (h),
416(i), 421(a) and (i), 422(c), 423, 425, and 902(a)(5)).
2. Appendix 1 to subpart P of part 404 is amended by revising the
first sentence and items 5 and 13 of the introductory text before part
A to read as follows:
Appendix 1 to Subpart P--Listing of Impairments
The body system listings in parts A and B of the Listing of
Impairments will no longer be effective on the following dates
unless extended by the Commissioner or revised and promulgated
again.
* * * * *
5. Cardiovascular System (4.00 and 104.00): February 10, 1998.
* * * * *
13. Mental Disorders (12.00): August 28, 1997.
* * * * *
3. Part A of appendix 1 to subpart P of part 404 is amended by
revising the first paragraph of 12.00 to read as follows:
12.00 Mental Disorders
The mental disorders listings in 12.00 of the Listing of
Impairments will no longer be effective on August 28, 1997, unless
extended by the Commissioner or revised and promulgated again.
* * * * *
[FR Doc. 95-20869 Filed 8-22-95; 8:45 am]
BILLING CODE 4190-29-P