[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Proposed Rules]
[Pages 42310-42315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19989]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Regulations No. 4 and 16]
RIN 0960-AE96
Federal Old-Age, Survivors and Disability Insurance and
Supplemental Security Income for the Aged, Blind, and Disabled;
Determining Disability and Blindness; Clarification of ``Age'' as a
Vocational Factor
AGENCY: Social Security Administration .
ACTION: Notice of proposed rulemaking .
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SUMMARY: We propose to revise the Social Security and Supplemental
Security Income (SSI) disability regulations to clarify our
consideration of ``age'' as a vocational factor at the last step of our
sequential evaluation process for determining whether an individual is
disabled under title II or title XVI of the Social Security Act (the
Act). We also propose to amend our rules to better explain how we
consider transferability of skills for individuals who are of
``advanced age'' (age 55 or older) in deciding whether such
[[Page 42311]]
individuals can make an adjustment to other work.
DATES: To be sure that your comments are considered, we must receive
them no later than October 4, 1999.
ADDRESSES: Comments should be submitted in writing to the Commissioner
of Social Security, P.O. Box 17703, Baltimore, MD 21235-7703; sent by
telefax to (410) 966-2830, sent by E-mail to regulations@ssa.gov; or
delivered to the Office of Process and Innovating Management, Social
Security Administration, 2109 West Low Rise Building, 6401 Security
Boulevard, Baltimore, MD 21235-6401, between 8 a.m. and 4:30 p.m. on
regular business days. Comments may be inspected during these same
hours by making arrangements with the contact person shown below.
FOR FURTHER INFORMATION CONTACT: Georgia E. Myers, Acting Regulations
Officer, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235, 1-(410) 965-3632 or TTY 1-(800) 988-5906 for
information about these rules. For information on eligibility or filing
for benefits, call our national toll-free number, 1-800-772-1213 or TTY
1-800-325-0778.
SUPPLEMENTARY INFORMATION:
Background
The Act provides, in title II, for the payment of disability
benefits to persons insured under the Act. Title II also provides for
the payment of child's insurance benefits for persons who become
disabled before age 22, and for the payment of widow's and widower's
insurance benefits for disabled widows, widowers, and surviving
divorced spouses of insured persons. In addition, the Act provides, in
title XVI, for SSI payments to persons who are aged, blind, or disabled
and who have limited income and resources.
For adults (including persons claiming child's insurance benefits
based on disability under title II), ``disability'' is defined in the
Act under both title II and title XVI as the ``inability to engage in
any substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to
result in death or which has lasted or can be expected to last for a
continuous period of not less than 12 months.'' Sections 223(d) and
1614(a) of the Act also state that an individual ``shall be determined
to be under a disability only if his physical or mental impairment or
impairments are of such severity that he is not only unable to do his
previous work but cannot, considering his age, education, and work
experience, engage in any other kind of substantial gainful work which
exists in the national economy, regardless of whether such work exists
in the immediate area in which he lives, or whether a specific job
vacancy exists for him, or whether he would be hired if he applied for
work.''
To implement the process for determining whether an individual is
disabled based upon this statutory definition, our regulations at
Secs. 404.1520 ad 416.920 provide for a five-step sequential evaluation
process as follows:
1. Is the individual engaging in substantial gainful activity? If
the individual is working and the work is substantial gainful activity,
we find that he or she is not disabled. Otherwise, we proceed to step 2
of the sequence.
2. Does the individual have an impairment or combination of
impairments that is severe? If the individual does not have an
impairment or combination of impairments that is severe, we find that
he or she is not disabled. If the individual has an impairment or
combination of impairments that is severe, we proceed to step 3 of the
sequence.
3. Does the individual's impairment(s) meet or equal the severity
of an impairment listed in appendix 1 of subpart P of part 404 of our
regulations? If so, and the duration requirement is met, we find that
he or she is disabled. If not, we proceed to step 4 of the sequence.
4. Does the individual's impairment(s) prevent him or her from
doing his or her past relevant work, considering his or her residual
functional capacity? If not, we find that he or she is not disabled. If
so, we proceed to step 5 of the sequence.
5. Does the individual's impairment(s) prevent him or her from
performing other work that exists in the national economy, considering
his or her residual functional capacity together with the ``vocational
factors'' of age, education, and work experience? If so, and if the
duration requirement is met, we find that the individual is disabled.
If not, we find that he or she is not disabled.
As discussed in Secs. 404.1569 and 416.969, at step 5 of the
sequential evaluation process we used the medical-vocational rules that
are set out in appendix 2 of subpart P of part 404. (By reference,
Sec. 416.969 provides that appendix 2 is also applicable to adults
claiming SSI payments based on disability.) In general, the rules in
appendix 2 take administrative notice of the existence of numerous,
unskilled occupations at exertional levels defined in the regulations,
such as ``sedentary,'' ``light,'' and ``medium.'' Based upon a
consideration of an individual's residual functional capacity, age,
education, and work experience, the rules either direct a conclusion as
to whether an individual is disabled at step 5 of the sequential
evaluation process or provide a framework for making a decision at this
step. Some rules in appendix 2 also direct a conclusion when an
individual has ``skills'' acquired from previous skilled or semiskilled
work that are ``transferable'' to other skilled or semiskilled work.
Our rules regarding age and skills are set out in Secs. 404.1563,
404.1568, 416.963, and 416.968. The rules and explanatory text of
appendix 2 of subpart ) of part 404 also provide guidance for
considering the vocational factors of age, education, and work
experience that supplement the information on consideration of these
vocational factors in Secs. 404.1560-404.1569a and 416.960-416.969a.
The revisions we are proposing would clarify a number of our rules
on the consideration of one of the vocational factors, ``age,'' in
Secs. 404.1563 and 416.963. They would also clarify in new
Secs. 404.1568(d)(4) and 416.969(d)(4) how we determine whether
individuals who are of ``advanced age'' (i.e., age 55 or older),
including individuals in a subcategory of advanced age called ``closely
approaching retirement age'' (i.e., age 60-64), have skills that are
transferable to other work.
Summary of Proposed Changes
Sections 404.1563 and 416.963 Your Age as a Vocational Factor
We propose to revise the first sentence of paragraph (a) of
Secs. 404.1563 and 416.963, ``General,'' to state more clearly that
``age'' means chronological age. We propose to do this because there
has been some misunderstanding about how we consider the vocational
factor of ``age'' at step 5 of the sequential evaluation process. In
current paragraph (a) we state, in part, that ``Age refers to how old
you are (your chronological age) * * *.'' We use an individual's
chronological age when we use the medical-vocational guidelines in
appendix 2 to decide whether the individual can do other work. We do
this because we built consideration of chronological age and its impact
on an individual's ability to make an adjustment to other work into the
medical-vocational guidelines in appendix 2, which also consider the
person's education and work experience, as well as the person's
[[Page 42312]]
physical and mental functioning (i.e., residual functional capacity).
In addition to defining ``age'' as how old you are (your
chronological age), the first sentence of current paragraph (a) of
Secs. 404.1563 and 416.963, explains that ``age'' refers to the extent
to which age affects an individual's ability to adapt to a new work
situation and ``to do work in competition with others.'' We propose to
incorporate the principle intended in this statement into a new third
sentence that clarifies our intent, as explained below.
The second sentence of proposed Secs. 404.1563(a) and 416.963(a)
would combine the second and third sentences of current paragraph (a).
It would clarify our intent that, when we decide whether a person is
disabled, we will not consider the person's age alone, but will
consider his or her residual functional capacity, education, and work
experience together with age.
The proposed new third sentence of paragraph (a) of Secs. 404.1563
and 416.963 explains that, when we consider the vocational factor of
``age'' in determining an individual's ability to adjust to other work,
we consider advancing age to be an increasingly limiting factor in the
ability to make such an adjustment.
The new third sentence we are proposing in paragraph (a) of
Secs. 404.1563 and 416.963, incorporates the rule we intended in the
first sentence of current Secs. 404.1563(a) and 416.963(a), indicating
that we consider the effects of age on an individual's ability ``to do
work in competition with others.'' This current provision, together
with a provision regarding skills that are ``highly marketable'' in
current Secs. 404.1563(d) and 416.963(d) that we also propose to
replace, has been interpreted by some United States Courts of Appeals
contrary to our intent, to support holdings that our regulations
provide for consideration of an individual's employability. The circuit
courts in these cases did not hold that their conclusions were required
by the Act, which prohibits consideration of whether an individual
would be hired if he or she applied for work. See sections 223(d)(2)
and 1614(a)(3)(B) of the Act. Rather, the courts relied on the language
in these current provisions of our regulations. These proposed changes
in the regulations are, therefore, necessary to clarify our intent in
this area.
The fourth and fifth sentences of proposed Secs. 404.1563(a) and
416.963(a) are substantially the same as the fourth and fifth sentences
of the current rules. In the fourth sentence of the proposed rules, we
propose to replace the current rules' reference to the ability to ``do
a significant number of jobs which exist in the national economy'' with
a reference to ``the ability to do substantial gainful activity'' to
better reflect the definition of disability in the Act.
We propose to move the last sentence of paragraph (a) of
Secs. 404.1563 and 416.963 of the current rules to proposed
Secs. 404.1563(b) and 416.963(b). This sentence explains that we will
not apply the age categories mechanically in a borderline situation,
and we believe it will fit more logically with the provisions in
proposed new paragraph (b), which would explain more fully how we apply
the age categories.
We propose to add a new paragraph (b), entitled ``How we apply the
age categories,'' to Secs. 404.1563 and 416.963. The new paragraph
would explain that, if a person's age category changes during the
period for which we are adjudicating a disability claim, we will use
each of the age categories that is applicable to the person during the
period for which we are deciding if the person is disabled. As already
noted, we would also explain that in borderline age situations we will
not apply the age categories mechanically. We also propose to explain
that a ``borderline'' situation means that the individual is ``within a
few days to a few months'' of reaching a higher age category,
consistent with our current policy interpretation in Social Security
Ruling 83-10, ``Titles II and XVI: Determining Capability To Do Other
Work--The Medical-Vocational Rules of Appendix 2,'' Social Security
Rulings (C.E. 1983, p. 174). As we explain in that Social Security
Ruling, we are unable to provide ``fixed'' guidelines since such
guidelines themselves would reflect a mechanical approach. (See Social
Security Ruling 83-10, ibid., p. 182.)
Because we propose to include a new paragraph (b) in Secs. 404.1563
and 416.963, we would redesignate the remaining paragraphs, i.e.,
current paragraphs (b) through (e), as paragraphs (c) through (f) in
the proposed rules.
Proposed paragraph (c) of Secs. 404.1563 and 416.963, ``Younger
person,'' incorporates the rules for individuals who have not yet
attained age 50 that are in current Secs. 404.1563(b) and 416.963(b).
The reference to ``age 45'' in the second sentence of current
Secs. 404.1563(b) and 416.963(b), in which we explain that in some
circumstances ``we consider age 45 a handicap in adapting to a new work
setting,'' is actually a reference to individuals who are age 45
through 49, because the category ``younger person'' ends upon
attainment of age 50. We propose to state this meaning plainly by
changing ``age 45'' to ``age 45-49.'' We also propose to revise the
second sentence to remove the word ``handicap,'' to make the language
of paragraphs (c), (d), and (e) of the proposed rules consistent and to
clarify our intent; i.e., to discuss the effects of age on the ability
to make an adjustment to other work.
Proposed paragraph (d) of Secs. 404.1563 and 416.963, ``Person
closely approaching advanced age,'' incorporates the rule for
individuals age 50 through 54 that is in current Secs. 404.1563(c) and
416.963(c). We propose to add the word ``closely'' to the heading of
this paragraph for consistency with the text of the paragraph. We
propose to replace the phrase at the end of the sentence in the current
rule, ``a significant number of jobs in the national economy,'' with
the phrase, ``other work,'' for consistency of language among the
provisions of proposed paragraphs (c), (d), and (e) of Secs. 404.1563
and 416.963. This is not intended to be a change in the standard, only
a change for consistency among the provisions of these sections of the
regulations.
Proposed paragraph (e) of Secs. 404.1563 and 416.963, ``Person of
advanced age,'' incorporates the rules for individuals age 55 or older
that are in the first sentence of current Secs. 404.1563(d) and
416.963(d). As in the preceding paragraphs, we propose the replace the
phrase, ``ability to do substantial gainful activity,'' in the first
sentence of the current rules with the phrase ``ability to adjust to
other work,'' so that paragraphs (c), (d), and (e) of Secs. 404.1563
and 416.963 will contain consistent language.
We propose to revise the provisions that are in the second and
third sentences of current Secs. 404.1563(d) and 416.963(d) and to move
these provisions to proposed new Secs. 404.1568(d)(4) and
416.968(d)(4). We explain these proposed changes below, under the
explanation of proposed Secs. 404.1568(d)(4) and 416.968(d)(4). We
propose to include in Secs. 404.1563(e) and 416.963(e) an appropriate
cross-reference to proposed Sec. 404.1568(d) or Sec. 416.968(d) to make
it easier to find the provisions in their new location.
Sections 404.1568 and 416.968 Skill Requirements
We are proposing to add new Secs. 404.1568(d)(4) and 416.968(d)(4),
``Transferability of skills for individuals of advanced age,'' to our
regulations addressing skills and their transferability. The proposed
new paragraph would incorporate and clarify the provisions in the
second and third
[[Page 42313]]
sentences of current Secs. 404.1563(d) and 416.963(d). In the current
regulations, these sentences provide rules regarding skills and their
transferability for individuals of ``advanced age'' (i.e., age 55 or
older) who have the residual functional capacity for no more than
``sedentary'' work, and for individuals who are ``closely approaching
retirement age'' (i.e., age 60-64) who have the residual functional
capacity for no more than ``light'' work. We believe that they more
logically belong in the sections of our regulations that discuss our
rules regarding skills and their transferability; i.e., Secs. 404.1568
and 416.968. We are also proposing to revise these provisions to
clarify our intent, to make their language consistent with current
provisions in our regulations, and to be consistent with other
provisions in these proposed rules.
The second sentence of current Secs. 404.1563(d) and 416.963(d)
states that if a person of advanced age has a severe impairment(s) and
cannot do medium work (i.e., the person is limited to light or
sedentary work), the person ``may'' not be able to work unless he or
she has transferable skills. In fact, under our current rules, we will
find that such a person cannot make an adjustment to other work (i.e.,
is disabled) unless he or she has skills that can be transferred to
other jobs the person can do despite his or her impairment(s). We
propose to modify the provision to make this clear.
We are proposing to incorporate in proposed new
Secs. 404.1568(d)(4) and 416.968(d)(4) provisions from Secs. 201.00(f)
and 202.00(f) of appendix 2 to subpart P of part 404 of our
regulations, the Medical-Vocational Guildelines, to clarify our
original intent regarding the last sentence of current
Secs. 404.1563(d) and 416.963(d) and for consistency in our rules. The
proposed revisions explain that, for an individual of advanced age
(i.e., age 55 or older) whose residual functional capacity permits him
or her to do no more than sedentary work, we will find that such
individual's skills are transferable to skilled or semiskilled
sedentary work only if the sedentary work is so similar to the
individual's previous work that the individual would need to make
``very little, if any, vocational adjustment in terms of tools, work
processes, work settings, or the industry.'' In addition, we propose to
include in proposed new Secs. 404.1568(d)(4) and 416.986(d)(4) a
provision to clarify how we consider the transferability of skills for
a person who is of advanced age but has not attained age 60 (i.e., a
person age 55-59) and who has a severe impairment(s) that limits him or
her to no more than light work. We explain that for such a person we
will apply the rules in paragraphs (d)(1) through (d)(3) of current
Secs. 404.1568 and 416.968 to determine if the person has skills that
are transferable to skilled or semiskilled light work. The revisions
also explain that, for an individual of advanced age who is ``closely
approaching retirement age'' (i.e., age 60-64) and whose residual
functional capacity permits him or her to do no more than light work,
we will find that such individual's skills are transferable to skilled
or semiskilled light work only if the light work is so similar to the
individual's previous work that the individual would need to make
``very little, if any, vocational adjustment in terms of tools, work
processes, work settings, or the industry.''
In making these revisions, we would replace the statement in
current Secs. 404.1563(d) and 416.963(d), ``unless you have skills
which are highly marketable,'' with the foregoing language taken from
Secs. 201.00(f) and 202.00(f) of appendix 2. This will clarify our
original intent that the provisions of current Secs. 404.1563(d) and
416.963(d) are consistent with, and must be read in the context of, the
provisions of Secs. 201.00(f) and 202.00(f) or appendix 2.
There is no reference to ``highly marketable'' skills in the Act,
which prohibits consideration of whether an individual would be hired
if he or she applied for work. (See sections 223(d)(2) and
1614(a)(3)(B) of the Act.) The phrase was one of the additions we made
to the regulations under the ``common sense'' redodification in 1980.
(See 45 FR 55566, August 20, 1980.) When we issued those regulations,
we did not intent to introduce the term as a statement of a new rule or
as a change in existing rules. We intended only to contribute to public
understanding of the provisions regarding transferability of skills for
older workers in the Medical-Vocational Guidelines in appendix 2. (The
language in appendix 2 was not changed by the ``common sense''
redocification in 1980.) However, by using different language in
current Secs. 404.1563(d) and 416.963(d) from that in appendix 2, we
have inadvertently given the mistaken impression that we meant to
establish a separate criterion for these individuals beyond what we
already provide in appendix 2. That was not our intent. (See, e.g.,
Social Security Ruling 82-41, ``Titles II and XVI: Work Skills and
Their Transferability as Intended by the Expanded Vocational Factors
Regulations Effective February 26, 1979,'' Social Security Rulings
(C.E. 1982, pp. 196, 202); Final Rules for Adjudicating Disability
Claims in Which Vocational Factors Must Be Considered, 43 FR 55349,
55353-55354 (November 28, 1978).)
Electronic Version
The electronic file of this document is available on the date of
publication in the Federal Register on the Internet site for the
Government Printing Office, http://www.access.gpo.gov/su__docs/aces/
aces140.html. It is also available on the Internet site for SSA (i.e.,
SSA Online): http://www.ssa.gov/.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these proposed rules do not meet the criteria for a
significant regulatory action under Executive Order (E.O.) 12866. Thus,
they were not subject to OMB review. We have also determined that these
proposed rules meet the plain language requirement of E.O. 12866 and
the President's memorandum of June 1, 1998.
Clarity Of These Proposed Rules
Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language. In
addition to your substantive comments on these proposed rules, we
invite your comments on how to make these proposed rules easier to
understand. For example:
Have we organized the material to suit your needs?
Are the requirements in the rules clearly stated?
Do the rules contain technical language or jargon that
isn't clear?
Woule a different format (grouping and order of sections,
use of headings, paragraphing) make the rules easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rules easier to
understand?
Regulatory Flexibility Act
We certify that these regulations, if promulgated, will not have a
significant economic impact on a substantial number of small entities
because they affect only individuals. Therefore, a regulatory
flexibility analysis as provided in the Regulatory Flexibility Act, as
amended, is not required.
Paperwork Reduction Act
These regulations impose no additional reporting or recordkeeping
requirements subject to OMB clearance.
[[Page 42314]]
(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
20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability Insurance, Reporting and
recordkeeping requirements, Social Security.
20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Reporting and recordkeeping
requirements, Supplemental Security Income (SSI).
Dated: July 23, 1999.
Kenneth S. Apfel,
Commissioner of Social Security.
For the reasons set out in the preamble, we propose to amend
subpart P of part 404 and subpart I of part 416 of 20 CFR chapter III
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)-(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)-(h), 416(i), 421(a) and (i),
422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 110
Stat. 2105, 2189.
2. Section 404.1563 is amended by revising paragraph (a),
redesignating paragraphs (b) through (e) as paragraphs (c) through (f),
adding a new paragraph (b), and revising redesignated paragraphs (c),
(d) and (e) to read as follows:
Sec. 404.1563 Your age as a vocational factor.
(a) General. ``Age'' means your chronological age. When we decide
whether you are disabled under Sec. 404.1520(f)(1), we will consider
your chronological age in combination with your residual functional
capacity, education, and work experience; we will not consider your
ability to adjust to other work on the basis of your age alone. In
determining the extent to which age affects a person's ability to
adjust to other work, we consider advancing age to be an increasingly
limiting factor in the person's ability to make such an adjustment, as
we explain in paragraphs (c) through (e) of this section. If you are
unemployed because of your age, but you still have the ability to do
substantial gainful activity, we will find that you are not disabled.
In paragraphs (b) through (e) of this section and in appendix 2, we
explain in more detail how we consider your age as a vocational factor.
(b) How we apply the age categories. When we make a finding about
your ability to do other work under Sec. 404.1520(f)(1), we will use
the age categories in paragraphs (c) through (e) of this section. We
will use each of the age categories that applies to you during the
period for which we must determine if you are disabled. We will not
apply the age categories mechanically in a borderline situation. If you
are within a few days to a few months of reaching an older age
category, and using the older age category could result in a
determination or decision that you are disabled, we will consider
whether to use the older age category after evaluating the overall
impact of all of your vocational factors.
(c) Younger person. If you are a younger person (under age 50), we
generally do not consider that your age will seriously affect your
ability to adjust to other work. However, in some circumstances, we
consider that persons age 45-49 are more limited in their ability to
adjust to other work than persons who have not attained age 45. See
Rule 201.17 in appendix 2.
(d) Person closely approaching advanced age. If you are closely
approaching advanced age (age 50-54), we will consider that your age
along with a severe impairment(s) and limited work experience may
seriously affect your ability to adjust to other work.
(e) Person of advanced age. We consider that at advanced age (age
55 or older) chronological age significantly affects a person's ability
to adjust to other work. We have special rules for persons of advanced
age and for persons in this category who are closely approaching
retirement age (age 60-64). See Sec. 404.1568(d)(4).
* * * * *
3. Section 404.1568 is amended by adding a new paragraph (d)(4) to
read as follows:
Sec. 404.1568 Skill requirements.
* * * * *
(d) Skills that can be used in other work (transferability) * * *.
* * * * *
(4) Transferability of skills for individuals of advanced age. If
you are of advanced age (age 55 or older), and you have a severe
impairment(s) that limits you to sedentary or light work, we will find
that you cannot make an adjustment to other work unless you have skills
that you can use in (transfer to) other skilled or semiskilled work
that you can do despite your impairment(s). We will decide if you have
transferable skills as follows. If you are of advanced age and you have
a severe impairment(s) that limits you to no more than sedentary work,
we will find that you have skills that are transferable to skilled or
semiskilled sedentary work only if the sedentary work is so similar to
your previous work that you would need to make very little, if any,
vocational adjustment in terms of tools, work processes, work settings,
or the industry. (See Sec. 404.1567(a) and Sec. 201.00(f) of appendix
2.) If you are of advanced age but have not attained age 60, and you
have a severe impairment(s) that limits you to no more than light work,
we will apply the rules in paragraphs (d)(1) through (d)(3) of this
section to decide if you have skills that are transferable to skilled
or semiskilled light work (see Sec. 404.1567(b)). If you are closely
approaching retirement age (age 60-64) and you have a severe
impairment(s) that limits you to no more than light work, we will find
that you have skills that are transferable to skilled or semiskilled
light work only if the light work is so similar to your previous work
that you would need to make very little, if any, vocational adjustment
in terms of tools, work processes, work settings, or the industry. (See
Sec. 404.1567(b) and Sec. 202.00(f)) of appendix 2.)
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart I--[Amended]
4. The authority citation for subpart I of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), and
(d)(1), and 1633 of the Social Security Act (42 U.S.C. 902(a)(5),
1382, 1382c, 1382h, 1383(a), (c), and (d)(1), and 1383b); secs. 4(c)
and 5, 6(c)-(e), 14(a) and 15, Pub. L. 98-460, 98 Stat. 1794, 1801,
1802, and 1808 (42 U.S.C. 421 note, 423 note, 1382h note).
5. Section 416.963 is amended by revising paragraph (a),
redesignating paragraphs (b) through (e) as paragraphs (c) through (f),
adding a new paragraph (b), and revising redesignated paragraphs (c),
(d) and (e) to read as follows:
Sec. 416.963 Your age as a vocational factor.
(a) General. ``Age'' means your chronological age. When we decide
[[Page 42315]]
whether you are disabled under Sec. 416.920(f)(1), we will consider
your chronological age in combination with your residual functional
capacity, education, and work experience; we will not consider your
ability to adjust to other work on the basis of your age alone. In
determining the extent to which age affects a person's ability to
adjust to other work, we consider advancing age to be an increasingly
limiting factor in the person's ability to make such an adjustment, as
we explain in paragraphs (c) through (e) of this section. If you are
unemployed because of your age, but you still have the ability to do
substantial gainful activity, we will find that you are not disabled.
In paragraphs (b) through (e) of this section and in appendix 2 of
subpart P of part 404 of this chapter, we explain in more detail how we
consider your age as a vocational factor.
(b) How we apply the age categories. When we make a finding about
your ability to do other work under Sec. 416.920(f)(1), we ill use the
age categories in paragraphs (c) through (e) of this section. We will
use each of the age categories that applies to you during the period
for which we must determine if you are disabled. We will not apply the
age categories mechanically in a borderline situation. If you are
within a few days to a few months of reaching an older age category,
and using the older age category could result in a determination or
decision that you are disabled, we will consider whether to use the
older age category after evaluation the overall impact of all of your
vocational factors.
(c) Younger person. If you are a younger person (under age 50), we
generally do not consider that your age will seriously affect your
ability to adjust to other work. However, in some circumstances, we
consider that persons age 45-49 are more limited in their ability to
adjust to other work than persons who have not attained age 45. See
Rule 201.17 in appendix 2 of subpart P of part 404 of this chapter.
(d) Person closely approaching advanced age. If you are closely
approaching advanced age (age 50-54), we will consider that your age
along with a severe impairment(s) and limited work experience may
seriously affect your ability to adjust to other work.
(e) Person of advanced age. We consider that at advanced age (age
55 or older) chronological age significantly affects a person's ability
to adjust to other work. We have special rules for persons of advanced
age and for persons in this category who are closely approaching
retirement age (age 60-64). See Sec. 16.968(d)(4).
* * * * *
6. Section 416.96 is amended by adding a new paragraph (d)(4) to
read as follows:
Sec. 416.968 Skill requirements.
* * * * *
(d) Skills that can be used in other work (transferability) * * *.
* * * * *
(4) Transferability of skills for individuals of advanced age. If
you are of advanced age (age 55 or older), and you have a severe
impairment(s) that limits you to sedentary or light work, we will find
that you cannot make an adjustment to other work unless you have skills
that you can use in (transfer to) other skilled or semiskilled work
that you can do despite your impairment(s). We will decide if you have
transferable skills as follows. If you are of advanced age and you have
a severe impairment(s) that limits you to no more than sedentary work,
we will find that you have skills that are transferable to skilled or
semiskilled sedentary work only if the sedentary work is so similar to
your previous work that you would need to make very little, if any,
vocational adjustment in terms of tools, work processes, work settings,
or the industry. (See Sec. 416.967(a) and Sec. 201.00(f) of appendix 2
of subpart P of part 404 of this chapter.) If you are of advanced age
but have not attained age 60, and you have a severe impairment(s) that
limits you to not more than light work, we will apply the rules in
paragraphs (d)(1) through (d)(3) of this section to decide if you have
skills that are transferable to skilled or semiskilled light work (see
Sec. 416.967(b)). If you are closely approaching retirement age (age
60-64) and you have a severe impairment(s) that limits you to no more
than light work, we will find that you have skills that are
transferable to skilled or semiskilled light work only if the light
work is so similar to your previous work that you would need to make
very little, if any, vocational adjustment in terms of tools, work
processes, work settings, or the industry. (See Sec. 416.967(b) and
Sec. 202.00(f) of appendix 2 of subpart P of part 404 of this chapter.)
[FR Doc. 99-19989 Filed 8-3-99; 8:45 am]
BILLING CODE 4190-29-M
