[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Rules and Regulations]
[Pages 62329-62330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29579]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Regulation No. 4]
RIN 0960-AE39
Federal Old-Age, Survivors and Disability Insurance; Determining
Disability and Blindness; Extension of Expiration Dates for Hemic and
Lymphatic System, Childhood Mental Disorders, and Malignant Neoplastic
Diseases Listings
AGENCY: Social Security Administration.
ACTION: Final rule.
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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 dates for the hemic and lymphatic system,
childhood mental disorders, and malignant neoplastic diseases listings.
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
hemic and lymphatic system impairments, childhood mental disorders, and
malignant neoplastic diseases at step three of our sequential
evaluation process.
EFFECTIVE DATE: This regulation is effective December 6, 1995.
FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register
document--Harry J. Short, Legal Assistant, Division of Regulations and
Rulings, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235, (410) 965-6243; regarding eligibility or filing
for benefits--our national toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION: On December 6, 1985, we published revised
listings, including the hemic and lymphatic system and malignant
neoplastic diseases listings (50 FR 50068), in parts A and B of
appendix 1 (Listing of Impairments) to subpart P of part 404. On
December 12, 1990, we published revised childhood mental disorders
listings (55 FR 51208) in part B of appendix 1. We use the listings at
the third step of the sequential evaluation process to evaluate claims
filed by adults and children for benefits based on disability and
blindness 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 revised listings in 1985 and 1990, 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 December 6,
1993, on which the hemic and lymphatic system and malignant neoplastic
diseases listings would no longer be effective, and a date of December
12, 1995, on which the childhood mental disorders listings would no
longer be effective, unless extended by the Secretary of Health and
Human Services (the Secretary) or revised and promulgated again. Under
section 102 of the Social Security Independence and Program
Improvements Act of 1994, Public Law 103-296, this rulemaking authority
was transferred from the Secretary to the Commissioner of Social
Security (the Commissioner).
Subsequently, we issued a final rule on December 6, 1993 (58 FR
64121) extending the expiration date of the hemic and lymphatic system
and malignant neoplastic diseases listings, as well as several other
body system listings. That rule provided that the hemic and lymphatic
system and malignant neoplastic diseases listings would no longer be
effective on December 6, 1995. Also that rule republished the
expiration dates that were previously established through the
rulemaking process for the other listings, and provided that the
childhood mental disorders listings would no longer be effective on
December 12, 1995.
In this final regulation, we are extending for eighteen months the
dates on which the hemic and lymphatic system listing, the malignant
neoplastic diseases listing and the childhood mental disorders listing
will no longer be effective. The hemic and lymphatic system and the
malignant neoplastic diseases listings will therefore no longer be
effective on June 6, 1997. The childhood mental disorders listing will
therefore no longer be effective on June 12, 1997. 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 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.
Regulatory Procedures
Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.
902(a)(5), as amended by section 102 of Public Law 103-296, 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 dates on which the hemic and lymphatic system, childhood
mental disorders, and malignant neoplastic diseases listings will no
longer be effective. 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
[[Page 62330]]
comment is unnecessary, and we are issuing this regulation 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 dates for the hemic and lymphatic system, childhood mental
disorders, and malignant neoplastic diseases listings, we will lack
regulatory guidelines for assessing hemic and lymphatic system
impairments, childhood mental disorders, and malignant neoplastic
diseases at the third step of the sequential evaluation processes after
the current expiration dates 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: November 30, 1995.
Shirley S. 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- )
Subpart P--[Amended]
1. The authority citation for subpart P of part 404 continues 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 items
8, 14, and 15 of the introductory text before part A to read as
follows:
Appendix 1 to Subpart P--Listing of Impairments
* * * * *
8. Hemic and Lymphatic System (7.00 and 107.00): June 6, 1997.
* * * * *
14. Mental Disorders (112.00): June 12, 1997.
15. Neoplastic Diseases, Malignant (13.00 and 113.00): June 6,
1997.
* * * * *
[FR Doc. 95-29579 Filed 12-5-95; 8:45 am]
BILLING CODE 4190-29-P
