[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