[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