[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19891]
[[Page Unknown]]
[Federal Register: August 16, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration
20 CFR Part 404
[Regulation No. 4]
RIN 0960-AD94
Federal Old-Age, Survivors and Disability Insurance; Determining
Disability and Blindness; Extension of Expiration Date for Adult Mental
Disorders Listings
AGENCY: Social Security Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Social Security Administration 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. 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 16, 1994.
FOR FURTHER INFORMATION CONTACT:
Regarding this Federal Register document--Richard M. Bresnick, Legal
Assistant, Office of Regulations, 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 a child 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 children 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 or revised and
promulgated again. Subsequently, we issued a number of final rules
extending the expiration date of the adult mental disorders listings.
The last was published on August 23, 1993 (58 FR 44444) and provided
that the listings for adult mental disorders would no longer be
effective on August 28, 1994. 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 one year, to August
28, 1995, 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. As noted above, we use the
listings at the third step of the sequential evaluation process.
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
The Department, even when not required by statute, as a matter of
policy generally follows the Administrative Procedure Act (APA) NPRM
and public comment 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 NPRM 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 no substantive changes to those listings. The current
regulations expressly provide that the listings may be extended by the
Secretary, 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.
Executive Order (E.O.) 12866
The Office of Management and Budget has reviewed this rule and
determined it does not meet the criteria for a significant regulatory
action under E.O. 12866.
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 the Office of Management and Budget.
(Catalog of Federal Domestic Assistance Program Nos. 93.802, Social
Security--Disability Insurance; 93.803, Social Security--Retirement
Insurance; 93.805, Social Security--Survivors Insurance; 93.807,
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: June 27, 1994.
Shirley Chater,
Commissioner of Social Security.
Approved: July 25, 1994.
Donna E. Shalala,
Secretary of Health and Human Services.
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 1102 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 1302.
2. Appendix 1 to subpart P is amended by revising item 13 of the
introductory text before part A to read as follows:
Appendix 1 to Subpart P--Listing of Impairments
* * * * *
13. Mental Disorders (12.00): August 28, 1995.
* * * * *
3. Part A of appendix 1 (Listing of Impairments) to subpart P is
amended by revising the first paragraph of 12.00 Mental Disorders to
read as follows:
Appendix 1 to Subpart P--Listing of Impairments
* * * * *
12.00 Mental Disorders
The mental disorders listings in 12.00 of the Listing of
Impairments will no longer be effective on August 28, 1995, unless
extended by the Secretary or revised and promulgated again.
* * * * *
[FR Doc. 94-19891 Filed 8-15-94: 8:45 am]
BILLING CODE 4190-29-M
