99-30161. Determining Disability

[Federal Register Volume 64, Number 222 (Thursday, November 18, 1999)]
[Proposed Rules]
[Pages 62996-62997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30161]


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RAILROAD RETIREMENT BOARD

20 CFR Part 220

RIN 3220-AB42


Determining Disability

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) hereby proposes to amend 
its disability regulations to discontinue the current policy of 
conducting continuing disability reviews (CDR's) for medical recovery 
of disability annuitants in medical improvement not expected (MINE) 
cases. The Board has found that these reviews have not been cost 
effective and impose an unnecessary burden on the annuitant.

DATES: Comments should be submitted on or before January 18, 2000.

ADDRESSES: Any comments should be submitted to the Secretary to the 
Board, Railroad Retirement Board, 844 North Rush Street, Chicago, 
Illinois 60611.

FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Senior Attorney, 
[phone], TDD [phone].

SUPPLEMENTARY INFORMATION: The Board conducts continuing disability 
reviews (CDRs) to determine whether or not a disability annuitant 
continues to meet the disability requirements contained in the Railroad 
Retirement Act and, in some cases, the Social Security Act. Payment of 
cash benefits based on disability ends if the medical or other evidence 
shows that the annuitant is no longer disabled under the standards set 
out in the Railroad Retirement Act or, for some benefits, the Social 
Security Act. Section 220.186 of the regulations of the Board provides 
when and how often the Board will conduct a CDR. This rulemaking would 
amend Sec. 220.186(d) to discontinue the Board's current policy of 
conducting a CDR in cases where medical improvement is not expected 
(MINE). The current regulation requires a review no less frequently 
than once every 7 years but no more frequently than once every 5 years 
in MINE cases. The Board's CDR of MINE cases has not proved cost 
effective. For fiscal years 1995 through 1997 the Board conducted 552 
MINE exams; however, in only 1 case did the evidence merit termination 
of the annuity. Such results, in the Board's view, do not justify 
continuation of this program. Consequently, the Board proposes to cease 
routine continuing disability review in these cases. The cessation will 
be of routine reviews only. These cases will still be reviewed for 
continuing eligibility: if the beneficiary returns to work and 
successfully completes a trial work period; if substantial earnings are 
posted to the beneficiary's earnings record; or if information is 
received either from the annuitant or a reliable source that the 
annuitant has recovered or returned to work, or that a review is 
otherwise warranted.
    The Board, with the concurrence of the Office of Management and 
Budget, has determined that this is not a significant regulatory action 
for purposes of Executive Order 12866.

[[Page 62997]]

Therefore, no regulatory analysis is required. There are no information 
collections associated with this rule.

List of Subjects in 20 CFR Part 220.186

    Disability benefits, Railroad employees; Railroad retirement.
    For the reasons set out in the preamble, the Railroad Retirement 
Board proposes to amend part 220 of title 20, chapter II, of the Code 
of Federal Regulations as follows:

PART 220--DETERMINING DISABILITY

    1. The authority citation for part 220 continues to read as 
follows:

    Authority: 45 U.S.C. 231a; 45 U.S.C. 231f.


Sec. 220.186  When and how often the Board will conduct a continuing 
disability review.

    2. In Sec. 220.186, paragraph (b)(2), remove the phrase ``(medical 
improvement possible or medical improvement not expected)'', and in 
paragraph (d), remove the fourth sentence which reads: ``If the 
annuitant's disability is considered permanent, the Board will review 
the annuitant's continuing eligibility for benefits no less frequently 
than once every 7 years but no more frequently than once every 5 
years.'', and add in its place ``If no medical improvement is expected 
in the annuitant's impairment(s), the Board will not routinely review 
the annuitant's continuing eligibility.''

    Dated: November 10, 1999.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 99-30161 Filed 11-17-99; 8:45 am]
BILLING CODE 7905-01-P