95-20869. Federal Old-Age, Survivors and Disability Insurance; Determining Disability and Blindness; Extension of Expiration Date for Adult Mental Disorders Listings  

  • [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
    
    

Document Information

Effective Date:
8/23/1995
Published:
08/23/1995
Department:
Social Security Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-20869
Dates:
This regulation is effective August 23, 1995.
Pages:
43709-43710 (2 pages)
Docket Numbers:
Regulations No. 4
RINs:
0960-AE19
PDF File:
95-20869.pdf
CFR: (1)
20 CFR 404