[Federal Register Volume 62, Number 130 (Tuesday, July 8, 1997)]
[Rules and Regulations]
[Page 36460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-55504]
[[Page 36460]]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
Supplemental Security Income for the Aged, Blind, and Disabled
CFR Correction
In title 20 of the Code of Federal Regulations, parts 400 to 499,
revised as of Apr. 1, 1997, on pages 795 and 796, in Sec. 416.994a,
paragraphs (e)(1) and (f)(4) were incorrectly amended. The correct
texts of the paragraphs read as follows:
Sec. 416.994a How we will determine whether your disability
continues or ends, and whether you are and have been receiving
treatment that is medically necessary and available, disabled children.
* * * * *
(e) * * *
(1) Substantial evidence shows that, based on new or improved
diagnostic techniques or evaluations, your impairment(s) is not as
disabling as it was considered to be at the time of the most recent
favorable decision. Changing methodologies and advances in medical and
other diagnostic techniques or evaluations have given rise to, and will
continue to give rise to, improved methods for determining the causes
of (i.e., diagnosing) and measuring and documenting the effects of
various impairment on children and their functioning. Where, by such
new or improved methods, substantial evidence shows that your
impairment(s) is not as severe as was determined at the time of our
most recent favorable decision, such evidence may serve as a basis for
a finding that you are no longer disabled, provided that you do not
currently have an impairment(s) that meets or equals the severity of
any listed impairment, and therefore results in marked and severe
functional limitations. In order to be used under this exception,
however, the new or improved techniques must have become generally
available after the date of our most recent favorable decision.
(i) How we will determine which methods are new or improved
techniques and when they become generally available. New or improved
diagnostic techniques or evaluations will come to our attention by
several methods. In reviewing cases, we often become aware of new
techniques when their results are presented as evidence. Such
techniques and evaluations are also discussed and acknowledged in
medical literature by medical professional groups and other
governmental entities. Through these sources, we develop listings of
new techniques and when they become generally available. For example,
we will consult the Health Care Financing Administration for its
experience regarding when a technique is recognized for payment under
Medicare and when they began paying for the technique.
(ii) How you will know which methods are new or improved techniques
and when they become generally available. We will let you know which
methods we consider to be new or improved techniques and when they
become available through two vehicles.
(A) Some of the future changes in the Listing of Impairments in
appendix 1 of subpart P of part 404 of this chapter will be based on
new or improved diagnostic or evaluative techniques. Such listings
changes will clearly state this fact as they are published as Notices
of Proposed Rulemaking and the new or improved technique will be
considered generally available as of the date of the final publication
of that particular listing in the Federal Register.
(B) From time to time, we will publish in the Federal Register
cumulative lists of new or approved diagnostic techniques or
evaluations that have been in use since 1970, how they changed the
evaluation of the applicable impairment and the month and year they
became generally available. We will include any changes in the Listing
of Impairments published in the Code of Federal Regulations since 1970
that are reflective of new or improved techniques. We will not process
any cases under this exception using a new or improved diagnostic
technique that we have not included in a published notice until we have
published an updated cumulative list. The period between publications
will be determined by the volume of changes needed.
* * * * *
(f) * * *
(4) You fail to follow prescribed treatment which would be expected
to improve your impairment(s) so that it no longer results in marked
and severe functional limitations. If treatment has been prescribed for
you which would be expected to improve your impairment(s) so that it no
longer results in marked and severe functional limitations, you must
follow that treatment in order to be paid benefits. If you are not
following that treatment and you do not have good cause for failing to
follow that treatment, we will find that your disability has ended (see
Sec. 416.930(c)). The month your disability ends will be the first
month in which you failed to follow the prescribed treatment.
[FR Doc. 97-55504 Filed 7-7-97; 8:45 am]
BILLING CODE 1505-01-D
