Revised Medical Criteria for Evaluating Growth Impairments, 53323-53325 [05-17790]
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Proposed Rules
Reporting and recordkeeping
requirements, Securities.
Federal Reserve System
12 CFR Chapter II
Authority and Issuance
For the reasons set forth in the
preamble, part 225 of chapter II of title
12 of the Code of Federal Regulations is
proposed to be amended as set forth
below:
PART 225—BANK HOLDING
COMPANIES AND CHANGE IN BANK
CONTROL (REGULATION Y)
1. The authority citation for part 225
continues to read as follows:
Authority: 12 U.S.C. 1817(j)(13), 1818,
1828(o), 1831i, 1831p–1, 1843( c)(8), 1844(b),
1972(1), 3106, 3108, 3310, 3331–3351, 3907,
and 3909; 15 U.S.C. 6801 and 6805.
2. Appendix A to part 225 is amended
as follows:
a. In section I, the fifth undesignated
paragraph is revised.
b. In section I, footnote 4 is removed
and reserved.
Appendix A to Part 225—Capital
Adequacy Guidelines for Bank Holding
Companies: Risk Based Measure
I. * * *
*
*
*
*
*
The risk-based guidelines apply on a
consolidated basis to any bank holding
company with consolidated assets of $500
million or more. The risk-based guidelines
also apply on a consolidated basis to any
bank holding company with consolidated
assets of less than $500 million if the holding
company (i) is engaged in significant
nonbanking activities either directly or
through a nonbank subsidiary; (ii) conducts
significant off-balance sheet activities
(including securitization and asset
management or administration) either
directly or through a nonbank subsidiary; or
(iii) has a material amount of debt or equity
securities outstanding (other than trust
preferred securities) that are registered with
the Securities and Exchange Commission
(SEC). The Federal Reserve may apply the
risk-based guidelines at its discretion to any
bank holding company, regardless of asset
size, if such action is warranted for
supervisory purposes.
*
*
*
*
*
3. Appendix C to part 225 is amended
as follows:
a. In section 1, the first undesignated
paragraph is revised.
b. In section 1, footnote 1 is removed
and reserved.
c. In section 2.A., a new paragraph is
added after the first paragraph in
footnote 3.
Appendix C to Part 225—Small Bank
Holding Company Policy Statement
*
*
*
VerDate Aug<18>2005
*
*
15:49 Sep 07, 2005
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53323
1. * * *
This policy statement applies only to bank
holding companies with pro forma
consolidated assets of less than $500 million
that (i) are not engaged in significant
nonbanking activities either directly or
through a nonbank subsidiary; (ii) do not
conduct significant off-balance sheet
activities (including securitization and asset
management or administration) either
directly or through a nonbank subsidiary;
and (iii) do not have a material amount of
debt or equity securities outstanding (other
than trust preferred securities) that are
registered with the Securities and Exchange
Commission. The Board may in its discretion
exclude any bank holding company,
regardless of asset size, from the policy
statement if such action is warranted for
supervisory purposes.
The Federal Reserve may apply the tier 1
leverage guidelines at its discretion to any
bank holding company, regardless of asset
size, if such action is warranted for
supervisory purposes.
*
[Regulation Nos. 4 and 16]
*
*
*
*
2. * * *
A. * * *
3* * *
Subordinated debt associated with trust
preferred securities generally would be
treated as debt for purposes of paragraphs 2C,
3A, 4Ai, and 4Bi of this policy statement. A
bank holding company, however, may
exclude from debt an amount of subordinated
debt associated with trust preferred securities
up to 25 percent of the holding company’s
equity (as defined below) less goodwill on
the parent company’s balance sheet in
determining compliance with the
requirements of such paragraphs of the
policy statement. In addition, a bank holding
company that has not issued subordinated
debt associated with trust preferred securities
after September 8, 2005, may exclude from
debt any subordinated debt associated with
trust preferred securities until September 8,
2010. Subordinated debt associated with
trust preferred securities will not be included
as debt in determining compliance with any
other requirements of this policy statement.
*
*
*
*
*
4. Appendix D to part 225 is amended as
follows:
a. In section I., paragraph b. is revised.
b. In section I.b., footnote 2 is removed and
reserved.
Appendix D to Part 225—Capital
Adequacy Guidelines for Bank Holding
Companies: Tier 1 Leverage Measure
I. * * *
b. The tier 1 leverage guidelines apply on
a consolidated basis to any bank holding
company with consolidated assets of $500
million or more. The tier 1 leverage
guidelines also apply on a consolidated basis
to any bank holding company with
consolidated assets of less than $500 million
if the holding company (i) is engaged in
significant nonbanking activities either
directly or through a nonbank subsidiary; (ii)
conducts significant off-balance sheet
activities (including securitization and asset
management or administration) either
directly or through a nonbank subsidiary; or
(iii) has a material amount of debt or equity
securities outstanding (other than trust
preferred securities) that are registered with
the Securities and Exchange Commission.
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*
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, September 1, 2005.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 05–17740 Filed 9–7–05; 8:45 am]
BILLING CODE 6210–02–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
RIN 0960–AG28
Revised Medical Criteria for Evaluating
Growth Impairments
Social Security Administration.
Advance notice of proposed
rulemaking.
AGENCY:
ACTION:
SUMMARY: We are planning to update
and revise the rules we use to evaluate
growth impairments of individuals
under age 18 who apply for, or receive,
disability benefits under title II and
Supplemental Security Income (SSI)
payments based on disability under title
XVI of the Social Security Act (the Act).
The rules we plan on revising are in
section 100.00 in the Listing of
Impairments in appendix 1 to subpart P
of part 404 of our regulations (the
listings). We invite you to send us
comments and suggestions for updating
and revising these rules.
After we have considered your
comments and suggestions, as well as
information about advances in medical
knowledge, treatment, and methods of
evaluating growth impairments, along
with our program experience, we intend
to publish for public comment a Notice
of Proposed Rulemaking (NPRM) that
will propose specific revisions to the
rules.
To be sure your comments are
considered, we must receive them by
November 7, 2005.
ADDRESSES: You may give us your
comments by: using our Internet site
facility (i.e., Social Security Online) at
https://policy.ssa.gov/erm/
rules.nsf.Rules+Open+To+Comment or
the Federal eRulemaking Portal at
https://www.regulations.gov; e-mail to
regulations@ssa.gov; telefax to (410)
966–2830, or letter to the Commissioner
of Social Security, P.O. Box 17703,
Baltimore, Maryland 21235–7703. You
may also deliver them to the Office of
DATES:
E:\FR\FM\08SEP1.SGM
08SEP1
53324
Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Proposed Rules
Regulations, Social Security
Administration, 100 Altmeyer Building,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, between 8 a.m.
and 4:30 p.m. on regular business days.
Comments are posted on our Internet
site at https://policy.ssa.gov/erm/
rules.nsf/Rules+Open+To+Comment, or
you may inspect them on regular
business days by making arrangements
with the contact person shown in this
preamble.
Electronic Version: The electronic file
of this document is available on the date
of publication in the Federal Register at
https://www.gpoaccess.gov/fr/
index.html. It is also available on the
Internet site for SSA (i.e., Social
Security Online) at: https://
policy.ssa.gov/erm/rules.nsf/
Rules+Open+To+Comment.
FOR FURTHER INFORMATION CONTACT:
Rosemarie A. Greenwald, Social
Insurance Specialist, Office of
Regulations, Social Security
Administration, 100 Altmeyer Building,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, (410) 966–7813
or TTY (410) 966–5609. For information
on eligibility or filing for benefits, call
our national toll-free number, 1–800–
772–1213 or TTY 1–800–325–0778, or
visit our Internet Web site, Social
Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
What Is the Purpose of This Notice?
We are planning to update and revise
the rules that we use to evaluate growth
impairments of individuals under age
18 who apply for, or receive, disability
benefits under title II and SSI payments
based on disability under title XVI of
the Act. The purpose of this notice is to
give you an opportunity to send us
comments and suggestions for updating
and revising those rules as we begin the
rulemaking process. We are also asking
for your comments and ideas about how
we can improve our disability programs
in the future for children with growth
impairments.
Who Should Send Us Comments and
Suggestions?
We invite comments and suggestions
from anyone who has an interest in the
rules we use to evaluate claims for
benefits filed by individuals under age
18 with growth impairments. We are
interested in getting comments and
suggestions from people who apply for
or receive benefits from us, members of
the general public, advocates and
organizations who advocate for children
who have growth impairments, experts
in the evaluation of growth
VerDate Aug<18>2005
15:49 Sep 07, 2005
Jkt 205001
impairments, diseases and injuries,
researchers, people who make disability
determinations and decisions for us,
and any other individual who may have
ideas for us to consider.
Will We Respond to Your Comments
From This Notice?
We will not respond directly to
comments you send us because of this
notice. However, after we consider your
comments in response to this notice,
along with other information such as the
results of current medical research and
our program experience, we will decide
how to revise the rules we use to
evaluate growth impairments. When we
propose specific revisions to the rules,
we will publish an NPRM in the Federal
Register. In accordance with the usual
rulemaking procedures we follow, you
will have a chance to comment on the
revisions we propose when we publish
the NPRM, and we will summarize and
respond to the significant comments on
the NPRM in the preamble to any final
rules.
Which Rules Are We Considering
Updating and Revising?
We are considering the updating and
revision of section 100.00. This is the
section for evaluating growth
impairments in children (Part B,
100.00). This body system addresses
linear growth impairments of
individuals under age 18.
Where Can You Find These Rules on
the Internet?
You can find these rules on our
Internet site at these locations:
• Section 100.00 is in the Listing of
Impairments in appendix 1 to subpart P
of part 404 of our regulations at https://
www.ssa.gov/OP_Home/cfr20/404/404–
ap10.htm.
• You can also look up section 100.00
of the listings at https://www.ssa.gov/
disability/professionals/bluebook/.
• If you do not have Internet access,
you can find the Code of Federal
Regulations in some public libraries,
Federal depository libraries, and public
law libraries.
Why Are We Updating and Revising
Our Rules for Evaluating Growth
Impairments?
We first published the growth
impairment listings in the Federal
Register on March 16, 1977 (42 FR
14705). Except for minor changes we
made to them on December 6, 1985 (50
FR 50068) and April 24, 2002 (67 FR
20018), we have not comprehensively
updated or revised them since 1977. We
published an Advanced Notice of
Proposed Rulemaking on June 14, 2000
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
(65 FR 37321), in which we asked for
suggestions on how we could update
and revise the growth impairment
listings. We received very few
comments. Because there may have
been changes in the evaluation and
treatment of growth impairments in the
last five years, we are asking for
suggestions from the public once again
before we decide how to revise the rules
for evaluating growth impairments.
The current listings for growth
impairments (100.00) will no longer be
effective on July 2, 2007, unless we
extend them or revise and promulgate
them again.
What Should You Comment About?
We are interested in any comments
and suggestions you have about section
100.00 of our listings. For example, with
regard to our listings, we are interested
in knowing if:
• You have concerns about any of the
current growth impairment listing
provisions, such as whether you think
we should change any of our criteria or
whether you think a listing is difficult
to use or to understand.
• You would like our growth
impairment listings to include
something that they do not include now,
such as weight-related conditions, or
you believe new medical criteria, such
as Body Mass Index (BMI), should be
added to the listings.
We will consider your ideas as we
develop the NPRM we intend to publish
for public comment, and, where
applicable, as part of our long-term
planning for the disability program.
What Other Information Will We
Consider?
We will also be considering
information from other sources,
including the following recent
documents, for relevance to our policy
for evaluating growth impairments.
• ‘‘Criteria for Determining Disability
in Infants and Children: Short Stature.’’
Evidence Report/Technology
Assessment No. 73. Rockville, MD:
Agency for Healthcare Research and
Quality (AHRQ Publication No. 03–
E025) March, 2003. This report is
available at: https://www.ahrq.gov/clinic/
tp/shorttp.htm.
• ‘‘Criteria for Determining Disability
in Infants and Children: Low Birth
Weight.’’ Evidence Report/Technology
Assessment No. 70. Rockville, MD:
Agency for Healthcare Research and
Quality (AHRQ Publication No. 03–
E010) December, 2002. This report is
available at https://www.ahrq.gov/clinic/
tp/lbwdistp.htm.
• ‘‘Criteria for Determining Disability
in Infants and Children: Failure to
E:\FR\FM\08SEP1.SGM
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Proposed Rules
Thrive.’’ Evidence Report/Technology
Assessment No. 72. Rockville, MD:
Agency for Healthcare Research and
Quality (AHRQ Publication No. 03–
E026) March, 2003. This report is
available at https://www.ahrq.gov/clinic/
tp/fthrivetp.htm.
• Behrman, R.E., Kliegman, R.M., and
Jenson, H.B. (Eds.) (2004). Nelson
Textbook of Pediatrics. Philadelphia,
PA: Elsevier Science (USA).
• McMillan, J.A., DeAngelis, C.D.,
Feigin, R.D., Warshaw, J.B. (Eds.) (1999).
Oski’s Pediatrics, Principles and
Practice. Philadelphia, PA: Lippincott
Williams & Wilkins.
Other Information
Who Can Get Disability Benefits?
Under title II of the Act, we provide
for the payment of disability benefits if
you are disabled and belong to one of
the following three groups:
• Workers insured under the Act,
• Children of insured workers, and
• Widows, widowers, and surviving
divorced spouses (see § 404.336) of
insured workers.
Under title XVI of the Act, we provide
for SSI payments on the basis of
disability if you are disabled and have
limited income and resources.
How Do We Define Disability for
Individuals Under Age 18?
Under both the title II and title XVI
programs, disability must be the result
of any medically determinable physical
or mental impairment or combination of
impairments that is expected to result in
death or which has lasted or is expected
to last for a continuous period of at least
12 months.
If you are under age 18 and file a
claim under title II, disability means
you have a medically determinable
impairment(s) as described above and
that results in the inability to do any
substantial gainful activity. If you are
under age 18 and file a claim under title
XVI, disability means you have a
medically determinable impairment(s)
as described above and that results in
marked and severe functional
limitations.
How Do We Decide Whether You Are
Disabled?
If you are under age 18 and seeking
benefits under title II of the Act, we use
a five-step ‘‘sequential evaluation
process’’ to decide whether you are
disabled. We describe this five-step
process in our regulations at
§§ 404.1520 and 416.920. We follow the
five steps in order and stop as soon as
we can make a determination or
decision. The steps are:
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15:49 Sep 07, 2005
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1. Are you working, and is the work
you are doing substantial gainful
activity? If you are working and the
work you are doing is substantial
gainful activity, we will find that you
are not disabled, regardless of your
medical condition or your age,
education, and work experience. If you
are not, we will go on to step 2.
2. Do you have a ‘‘severe’’
impairment? If you do not have an
impairment or combination of
impairments that significantly limits
your physical or mental ability to do
basic work activities, we will find that
you are not disabled. If you do, we will
go on to step 3.
3. Do you have an impairment(s) that
meets or medically equals the severity
of an impairment in the listings? If you
do, and the impairment(s) meets the
duration requirement, we will find that
you are disabled. If you do not, we will
go on to step 4.
4. Do you have the residual functional
capacity to do your past relevant work?
If you do, we will find that you are not
disabled. If you do not, we will go on
to step 5.
5. Does your impairment(s) prevent
you from doing any other work that
exists in significant numbers in the
national economy, considering your
residual functional capacity, age,
education, and work experience? If it
does, and it meets the duration
requirement, we will find that you are
disabled. If it does not, we will find that
you are not disabled.
We use a different sequential
evaluation process for persons under
age 18 who apply for payments based on
disability under title XVI of the Act. We
describe that sequential evaluation
process in § 416.924 of our regulations.
If you are already receiving benefits, we
also use a different sequential
evaluation process when we decide
whether your disability continues. See
§§ 404.1594, 416.994, and 416.994a of
our regulations. However, all of these
processes include steps at which we
consider whether your impairment(s)
meets or medically equals one of our
listings.
What Are the Listings?
The listings are examples of
impairments that we consider severe
enough to prevent you from doing any
gainful activity. If you are a child
seeking SSI payments based on
disability, the listings describe
impairments that we consider severe
enough to result in marked and severe
functional limitations. Although the
listings are contained only in appendix
1 to subpart P of part 404 of our
regulations, we incorporate them by
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
53325
reference in the SSI program in
§ 416.925 of our regulations, and apply
them to claims under both title II and
title XVI of the Act.
How Do We Use the Listings?
The listings are in two parts. There
are listings for adults (part A) and for
children (part B). If you are a person age
18 or over, we apply the listings in part
A when we assess your claim, and we
never use the listings in part B.
If you are a person under age 18, we
first use the criteria in part B of the
listings. If the listings in part B do not
apply, and the specific disease
process(es) has a similar effect on adults
and children, we then use the criteria in
part A. (See §§ 404.1525 and 416.925.)
If your impairment(s) does not meet
any listing, we will also consider
whether it medically equals any listing;
that is, whether it is as medically severe.
(See §§ 404.1526 and 416.926.)
What If You Do Not Have an
Impairment(s) That Meets or Medically
Equals a Listing?
We use the listings only to decide that
you are disabled or that you are still
disabled. We will never deny your claim
or decide that you no longer qualify for
benefits because your impairment(s)
does not meet or medically equal a
listing. If you have a severe
impairment(s) that does not meet or
medically equal any listing, we may still
find you disabled based on other rules
in the ‘‘sequential evaluation process’’
described above. Likewise, we will not
decide that your disability has ended
only because your impairment(s) does
not meet or medically equal a listing.
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: August 16, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
[FR Doc. 05–17790 Filed 9–7–05; 8:45 am]
BILLING CODE 4191–02–P
E:\FR\FM\08SEP1.SGM
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Agencies
[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Proposed Rules]
[Pages 53323-53325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17790]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Regulation Nos. 4 and 16]
RIN 0960-AG28
Revised Medical Criteria for Evaluating Growth Impairments
AGENCY: Social Security Administration.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: We are planning to update and revise the rules we use to
evaluate growth impairments of individuals under age 18 who apply for,
or receive, disability benefits under title II and Supplemental
Security Income (SSI) payments based on disability under title XVI of
the Social Security Act (the Act). The rules we plan on revising are in
section 100.00 in the Listing of Impairments in appendix 1 to subpart P
of part 404 of our regulations (the listings). We invite you to send us
comments and suggestions for updating and revising these rules.
After we have considered your comments and suggestions, as well as
information about advances in medical knowledge, treatment, and methods
of evaluating growth impairments, along with our program experience, we
intend to publish for public comment a Notice of Proposed Rulemaking
(NPRM) that will propose specific revisions to the rules.
DATES: To be sure your comments are considered, we must receive them by
November 7, 2005.
ADDRESSES: You may give us your comments by: using our Internet site
facility (i.e., Social Security Online) at https://policy.ssa.gov/erm/
rules.nsf.Rules+Open+To+Comment or the Federal eRulemaking Portal at
https://www.regulations.gov; e-mail to regulations@ssa.gov; telefax to
(410) 966-2830, or letter to the Commissioner of Social Security, P.O.
Box 17703, Baltimore, Maryland 21235-7703. You may also deliver them to
the Office of
[[Page 53324]]
Regulations, Social Security Administration, 100 Altmeyer Building,
6401 Security Boulevard, Baltimore, Maryland 21235-6401, between 8 a.m.
and 4:30 p.m. on regular business days. Comments are posted on our
Internet site at https://policy.ssa.gov/erm/rules.nsf/
Rules+Open+To+Comment, or you may inspect them on regular business days
by making arrangements with the contact person shown in this preamble.
Electronic Version: The electronic file of this document is
available on the date of publication in the Federal Register at https://
www.gpoaccess.gov/fr/. It is also available on the Internet
site for SSA (i.e., Social Security Online) at: https://policy.ssa.gov/
erm/rules.nsf/Rules+Open+To+Comment.
FOR FURTHER INFORMATION CONTACT: Rosemarie A. Greenwald, Social
Insurance Specialist, Office of Regulations, Social Security
Administration, 100 Altmeyer Building, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, (410) 966-7813 or TTY (410) 966-5609.
For information on eligibility or filing for benefits, call our
national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or
visit our Internet Web site, Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
What Is the Purpose of This Notice?
We are planning to update and revise the rules that we use to
evaluate growth impairments of individuals under age 18 who apply for,
or receive, disability benefits under title II and SSI payments based
on disability under title XVI of the Act. The purpose of this notice is
to give you an opportunity to send us comments and suggestions for
updating and revising those rules as we begin the rulemaking process.
We are also asking for your comments and ideas about how we can improve
our disability programs in the future for children with growth
impairments.
Who Should Send Us Comments and Suggestions?
We invite comments and suggestions from anyone who has an interest
in the rules we use to evaluate claims for benefits filed by
individuals under age 18 with growth impairments. We are interested in
getting comments and suggestions from people who apply for or receive
benefits from us, members of the general public, advocates and
organizations who advocate for children who have growth impairments,
experts in the evaluation of growth impairments, diseases and injuries,
researchers, people who make disability determinations and decisions
for us, and any other individual who may have ideas for us to consider.
Will We Respond to Your Comments From This Notice?
We will not respond directly to comments you send us because of
this notice. However, after we consider your comments in response to
this notice, along with other information such as the results of
current medical research and our program experience, we will decide how
to revise the rules we use to evaluate growth impairments. When we
propose specific revisions to the rules, we will publish an NPRM in the
Federal Register. In accordance with the usual rulemaking procedures we
follow, you will have a chance to comment on the revisions we propose
when we publish the NPRM, and we will summarize and respond to the
significant comments on the NPRM in the preamble to any final rules.
Which Rules Are We Considering Updating and Revising?
We are considering the updating and revision of section 100.00.
This is the section for evaluating growth impairments in children (Part
B, 100.00). This body system addresses linear growth impairments of
individuals under age 18.
Where Can You Find These Rules on the Internet?
You can find these rules on our Internet site at these locations:
Section 100.00 is in the Listing of Impairments in
appendix 1 to subpart P of part 404 of our regulations at https://
www.ssa.gov/OP_Home/cfr20/404/404-ap10.htm.
You can also look up section 100.00 of the listings at
https://www.ssa.gov/disability/professionals/bluebook/.
If you do not have Internet access, you can find the Code
of Federal Regulations in some public libraries, Federal depository
libraries, and public law libraries.
Why Are We Updating and Revising Our Rules for Evaluating Growth
Impairments?
We first published the growth impairment listings in the Federal
Register on March 16, 1977 (42 FR 14705). Except for minor changes we
made to them on December 6, 1985 (50 FR 50068) and April 24, 2002 (67
FR 20018), we have not comprehensively updated or revised them since
1977. We published an Advanced Notice of Proposed Rulemaking on June
14, 2000 (65 FR 37321), in which we asked for suggestions on how we
could update and revise the growth impairment listings. We received
very few comments. Because there may have been changes in the
evaluation and treatment of growth impairments in the last five years,
we are asking for suggestions from the public once again before we
decide how to revise the rules for evaluating growth impairments.
The current listings for growth impairments (100.00) will no longer
be effective on July 2, 2007, unless we extend them or revise and
promulgate them again.
What Should You Comment About?
We are interested in any comments and suggestions you have about
section 100.00 of our listings. For example, with regard to our
listings, we are interested in knowing if:
You have concerns about any of the current growth
impairment listing provisions, such as whether you think we should
change any of our criteria or whether you think a listing is difficult
to use or to understand.
You would like our growth impairment listings to include
something that they do not include now, such as weight-related
conditions, or you believe new medical criteria, such as Body Mass
Index (BMI), should be added to the listings.
We will consider your ideas as we develop the NPRM we intend to
publish for public comment, and, where applicable, as part of our long-
term planning for the disability program.
What Other Information Will We Consider?
We will also be considering information from other sources,
including the following recent documents, for relevance to our policy
for evaluating growth impairments.
``Criteria for Determining Disability in Infants and
Children: Short Stature.'' Evidence Report/Technology Assessment No.
73. Rockville, MD: Agency for Healthcare Research and Quality (AHRQ
Publication No. 03-E025) March, 2003. This report is available at:
https://www.ahrq.gov/clinic/tp/shorttp.htm.
``Criteria for Determining Disability in Infants and
Children: Low Birth Weight.'' Evidence Report/Technology Assessment No.
70. Rockville, MD: Agency for Healthcare Research and Quality (AHRQ
Publication No. 03-E010) December, 2002. This report is available at
https://www.ahrq.gov/clinic/tp/lbwdistp.htm.
``Criteria for Determining Disability in Infants and
Children: Failure to
[[Page 53325]]
Thrive.'' Evidence Report/Technology Assessment No. 72. Rockville, MD:
Agency for Healthcare Research and Quality (AHRQ Publication No. 03-
E026) March, 2003. This report is available at https://www.ahrq.gov/
clinic/tp/fthrivetp.htm.
Behrman, R.E., Kliegman, R.M., and Jenson, H.B. (Eds.)
(2004). Nelson Textbook of Pediatrics. Philadelphia, PA: Elsevier
Science (USA).
McMillan, J.A., DeAngelis, C.D., Feigin, R.D., Warshaw,
J.B. (Eds.) (1999). Oski's Pediatrics, Principles and Practice.
Philadelphia, PA: Lippincott Williams & Wilkins.
Other Information
Who Can Get Disability Benefits?
Under title II of the Act, we provide for the payment of disability
benefits if you are disabled and belong to one of the following three
groups:
Workers insured under the Act,
Children of insured workers, and
Widows, widowers, and surviving divorced spouses (see
Sec. 404.336) of insured workers.
Under title XVI of the Act, we provide for SSI payments on the
basis of disability if you are disabled and have limited income and
resources.
How Do We Define Disability for Individuals Under Age 18?
Under both the title II and title XVI programs, disability must be
the result of any medically determinable physical or mental impairment
or combination of impairments that is expected to result in death or
which has lasted or is expected to last for a continuous period of at
least 12 months.
If you are under age 18 and file a claim under title II, disability
means you have a medically determinable impairment(s) as described
above and that results in the inability to do any substantial gainful
activity. If you are under age 18 and file a claim under title XVI,
disability means you have a medically determinable impairment(s) as
described above and that results in marked and severe functional
limitations.
How Do We Decide Whether You Are Disabled?
If you are under age 18 and seeking benefits under title II of the
Act, we use a five-step ``sequential evaluation process'' to decide
whether you are disabled. We describe this five-step process in our
regulations at Sec. Sec. 404.1520 and 416.920. We follow the five
steps in order and stop as soon as we can make a determination or
decision. The steps are:
1. Are you working, and is the work you are doing substantial
gainful activity? If you are working and the work you are doing is
substantial gainful activity, we will find that you are not disabled,
regardless of your medical condition or your age, education, and work
experience. If you are not, we will go on to step 2.
2. Do you have a ``severe'' impairment? If you do not have an
impairment or combination of impairments that significantly limits your
physical or mental ability to do basic work activities, we will find
that you are not disabled. If you do, we will go on to step 3.
3. Do you have an impairment(s) that meets or medically equals the
severity of an impairment in the listings? If you do, and the
impairment(s) meets the duration requirement, we will find that you are
disabled. If you do not, we will go on to step 4.
4. Do you have the residual functional capacity to do your past
relevant work? If you do, we will find that you are not disabled. If
you do not, we will go on to step 5.
5. Does your impairment(s) prevent you from doing any other work
that exists in significant numbers in the national economy, considering
your residual functional capacity, age, education, and work experience?
If it does, and it meets the duration requirement, we will find that
you are disabled. If it does not, we will find that you are not
disabled.
We use a different sequential evaluation process for persons under
age 18 who apply for payments based on disability under title XVI of
the Act. We describe that sequential evaluation process in Sec.
416.924 of our regulations. If you are already receiving benefits, we
also use a different sequential evaluation process when we decide
whether your disability continues. See Sec. Sec. 404.1594, 416.994,
and 416.994a of our regulations. However, all of these processes
include steps at which we consider whether your impairment(s) meets or
medically equals one of our listings.
What Are the Listings?
The listings are examples of impairments that we consider severe
enough to prevent you from doing any gainful activity. If you are a
child seeking SSI payments based on disability, the listings describe
impairments that we consider severe enough to result in marked and
severe functional limitations. Although the listings are contained only
in appendix 1 to subpart P of part 404 of our regulations, we
incorporate them by reference in the SSI program in Sec. 416.925 of
our regulations, and apply them to claims under both title II and title
XVI of the Act.
How Do We Use the Listings?
The listings are in two parts. There are listings for adults (part
A) and for children (part B). If you are a person age 18 or over, we
apply the listings in part A when we assess your claim, and we never
use the listings in part B.
If you are a person under age 18, we first use the criteria in part
B of the listings. If the listings in part B do not apply, and the
specific disease process(es) has a similar effect on adults and
children, we then use the criteria in part A. (See Sec. Sec. 404.1525
and 416.925.)
If your impairment(s) does not meet any listing, we will also
consider whether it medically equals any listing; that is, whether it
is as medically severe. (See Sec. Sec. 404.1526 and 416.926.)
What If You Do Not Have an Impairment(s) That Meets or Medically Equals
a Listing?
We use the listings only to decide that you are disabled or that
you are still disabled. We will never deny your claim or decide that
you no longer qualify for benefits because your impairment(s) does not
meet or medically equal a listing. If you have a severe impairment(s)
that does not meet or medically equal any listing, we may still find
you disabled based on other rules in the ``sequential evaluation
process'' described above. Likewise, we will not decide that your
disability has ended only because your impairment(s) does not meet or
medically equal a listing.
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: August 16, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
[FR Doc. 05-17790 Filed 9-7-05; 8:45 am]
BILLING CODE 4191-02-P