[Federal Register Volume 64, Number 222 (Thursday, November 18, 1999)]
[Proposed Rules]
[Pages 62996-62997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30161]
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RAILROAD RETIREMENT BOARD
20 CFR Part 220
RIN 3220-AB42
Determining Disability
AGENCY: Railroad Retirement Board.
ACTION: Proposed rule.
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SUMMARY: The Railroad Retirement Board (Board) hereby proposes to amend
its disability regulations to discontinue the current policy of
conducting continuing disability reviews (CDR's) for medical recovery
of disability annuitants in medical improvement not expected (MINE)
cases. The Board has found that these reviews have not been cost
effective and impose an unnecessary burden on the annuitant.
DATES: Comments should be submitted on or before January 18, 2000.
ADDRESSES: Any comments should be submitted to the Secretary to the
Board, Railroad Retirement Board, 844 North Rush Street, Chicago,
Illinois 60611.
FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Senior Attorney,
(312) 751-4513, TDD (312) 751-4701.
SUPPLEMENTARY INFORMATION: The Board conducts continuing disability
reviews (CDRs) to determine whether or not a disability annuitant
continues to meet the disability requirements contained in the Railroad
Retirement Act and, in some cases, the Social Security Act. Payment of
cash benefits based on disability ends if the medical or other evidence
shows that the annuitant is no longer disabled under the standards set
out in the Railroad Retirement Act or, for some benefits, the Social
Security Act. Section 220.186 of the regulations of the Board provides
when and how often the Board will conduct a CDR. This rulemaking would
amend Sec. 220.186(d) to discontinue the Board's current policy of
conducting a CDR in cases where medical improvement is not expected
(MINE). The current regulation requires a review no less frequently
than once every 7 years but no more frequently than once every 5 years
in MINE cases. The Board's CDR of MINE cases has not proved cost
effective. For fiscal years 1995 through 1997 the Board conducted 552
MINE exams; however, in only 1 case did the evidence merit termination
of the annuity. Such results, in the Board's view, do not justify
continuation of this program. Consequently, the Board proposes to cease
routine continuing disability review in these cases. The cessation will
be of routine reviews only. These cases will still be reviewed for
continuing eligibility: if the beneficiary returns to work and
successfully completes a trial work period; if substantial earnings are
posted to the beneficiary's earnings record; or if information is
received either from the annuitant or a reliable source that the
annuitant has recovered or returned to work, or that a review is
otherwise warranted.
The Board, with the concurrence of the Office of Management and
Budget, has determined that this is not a significant regulatory action
for purposes of Executive Order 12866.
[[Page 62997]]
Therefore, no regulatory analysis is required. There are no information
collections associated with this rule.
List of Subjects in 20 CFR Part 220.186
Disability benefits, Railroad employees; Railroad retirement.
For the reasons set out in the preamble, the Railroad Retirement
Board proposes to amend part 220 of title 20, chapter II, of the Code
of Federal Regulations as follows:
PART 220--DETERMINING DISABILITY
1. The authority citation for part 220 continues to read as
follows:
Authority: 45 U.S.C. 231a; 45 U.S.C. 231f.
Sec. 220.186 When and how often the Board will conduct a continuing
disability review.
2. In Sec. 220.186, paragraph (b)(2), remove the phrase ``(medical
improvement possible or medical improvement not expected)'', and in
paragraph (d), remove the fourth sentence which reads: ``If the
annuitant's disability is considered permanent, the Board will review
the annuitant's continuing eligibility for benefits no less frequently
than once every 7 years but no more frequently than once every 5
years.'', and add in its place ``If no medical improvement is expected
in the annuitant's impairment(s), the Board will not routinely review
the annuitant's continuing eligibility.''
Dated: November 10, 1999.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 99-30161 Filed 11-17-99; 8:45 am]
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