Revised Medical Criteria for Evaluating Functional Limitations Due to Digestive Disorders, 70527-70529 [E7-24061]
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70527
Proposed Rules
Federal Register
Vol. 72, No. 238
Wednesday, December 12, 2007
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA 2007–0065]
RIN 0960–AG65
Revised Medical Criteria for Evaluating
Functional Limitations Due to
Digestive Disorders
Social Security Administration.
Advance notice of proposed
rulemaking.
AGENCY:
mstockstill on PROD1PC66 with PROPOSALS
ACTION:
SUMMARY: On October 19, 2007, we
published final rules in the Federal
Register (72 FR 59397) revising the
criteria in sections 5.00 and 105.00 of
the Listing of Impairments in appendix
1 to subpart P of part 404 of our
regulations (the listings), the sections
that we use to evaluate claims involving
digestive disorders. In those rules, we
indicated that we would issue an
Advance Notice of Proposed
Rulemaking (ANPRM) inviting public
comments on whether we should add a
functional listing for digestive disorders,
and if so, what functional criteria would
be appropriate (72 FR at 59416). We are
now requesting your comments and
suggestions.
After we have considered your
comments and suggestions, other
information about the functional effects
of digestive disorders, and our
adjudicative experience, we will
determine whether it is appropriate to
add a functional listing for digestive
disorders. If we decide to add such a
listing, we will publish for public
comment a Notice of Proposed
Rulemaking (NPRM) that will propose
specific revisions to the rules.
DATES: To be sure that your comments
are considered, we must receive them
no later than February 11, 2008.
ADDRESSES: You may submit comments
by any of the following methods.
Regardless of which method you
choose, to ensure that we can associate
your comments with the correct
regulation for consideration, you must
VerDate Aug<31>2005
21:02 Dec 11, 2007
Jkt 214001
state that your comments refer to Docket
No. SSA–2007–0065:
• Federal eRulemaking Portal at
https://www.regulations.gov. (This is the
preferred method for submitting your
comments.) In the Search Documents
section, select ‘‘Social Security
Administration’’ from the agency dropdown menu, then click ‘‘submit’’. In the
Docket ID Column, locate SSA–2007–
0065 and then click ‘‘Add Comments’’
in the ‘‘Comments Add/Due By’’
column.
• Telefax to (410) 966–2830.
• Letter to the Commissioner of
Social Security, P.O. Box 17703,
Baltimore, Maryland 21235–7703.
• Deliver your comments to the Office
of Regulations, Social Security
Administration, 922 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 the Federal
eRulemaking portal, or you may inspect
them on regular business days by
making arrangements with the contact
person shown in this preamble.
FOR FURTHER INFORMATION CONTACT:
Suzanne DiMarino, Social Insurance
Specialist, Office of Regulations, Social
Security Administration, 937 Altmeyer
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401, (410) 965–
1769, for information about this notice.
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 site,
Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
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/.
What is the purpose of this notice?
The purpose of this notice is to give
you an opportunity to send us
comments and suggestions regarding the
possible addition of a listing based on
functional limitations to the listings for
evaluating digestive disorders in
sections 5.00 and 105.00 of the listings.
On October 19, 2007, we published final
rules revising the criteria in sections
5.00 and 105.00. Some commenters on
the NPRM for those rules (66 FR 57009,
published November 14, 2001)
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
recommended that we add a functional
listing for hepatitis using criteria similar
to those in listings 14.08N and 114.08O
for human immunodeficiency virus
(HIV). In responding to this comment,
we explained that we did not adopt the
recommendation because we did not
believe we should add such a listing
without first proposing it for public
comment. We also believe that we need
additional information to determine the
criteria that would be included in a
functional listing, and whether such a
listing should be applicable to all
digestive disorders or limited to specific
disorders, such as hepatitis.
Accordingly, we indicated in the NPRM
that we would issue an Advanced
Notice of Proposed Rulemaking, inviting
public comments on these questions.
On which rules are we inviting
comments?
We are considering whether to add a
listing based on functional limitations to
the listings for evaluating digestive
disorders in sections 5.00 and 105.00 of
the listings. You can find the revised
rules for these listings on the Internet at:
https://frwebgate1.access.gpo.gov/cgibin/waisgate.cgi?
WAISdocID=039144316124+0+0+0&
WAISaction=retrieve.
You can find the functional listings
we use to evaluate HIV on our Internet
site at these locations:
• Listing 14.08N is available at
https://www.socialsecurity.gov/
disability/professionals/bluebook/14.00
–Immune-Adult.htm, and listing
114.08O is available at https://
www.socialsecurity.gov/disability/
professionals/bluebook/114.00–
Immune-Childhood.htm.
• 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.
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 people who have
digestive disorders. 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
represent people who have digestive
disorders, State agencies that make
E:\FR\FM\12DEP1.SGM
12DEP1
70528
Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Proposed Rules
disability determinations for us, experts
in the evaluation of digestive disorders,
and researchers.
What should you comment about?
We are specifically interested in any
comments and suggestions you have
about adding a listing based on
functional limitations to sections 5.00
and 105.00 of our listings. The issues we
want to address are:
• Should we add a listing based on
functional limitations to the listings for
digestive disorders?
• If so, what criteria should we use?
• Should we use these criteria to
evaluate all digestive disorders, or
should they be applicable only to the
evaluation of specific disorders, such as
hepatitis?
this notice. However, after we consider
your comments along with other
information, such as medical research
and our adjudicative experience, we
may decide to add a listing based on
functional limitations to the listings for
digestive disorders. If we propose the
addition of such a listing, 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 any
proposed addition(s) to the digestive
listings if we publish an NPRM, and we
will summarize and respond to the
significant comments on the NPRM in
the preamble to any final rules.
Other Information
Who can get disability benefits?
Will we respond to your comments
from this notice?
We will not respond directly to
comments you send us in response to
Under title II of the Social Security
Act (the Act), we provide for the
payment of disability benefits if you are
And you are * * *
Title II ..................................................................
an adult or child ...............................................
Title XVI ..............................................................
Title XVI ..............................................................
an individual age 18 or older ...........................
an individual under age 18 ..............................
mstockstill on PROD1PC66 with PROPOSALS
If you are applying for benefits under
title II of the Act, or if you are an adult
applying for payments under title XVI of
the Act, we use a five-step ‘‘sequential
evaluation process’’ to decide whether
you are disabled. We describe this fivestep 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:
1. Are you working, and is the work
you are doing SGA? If you are working
and the work you are doing is SGA, 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
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21:02 Dec 11, 2007
Jkt 214001
duration requirement, we will find that
you are disabled. If you do not, we will
go to step 4.
4. Do you have the residual functional
capacity (RFC) 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
RFC, 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 children who
apply for payments based on disability
under SSI. If you are already receiving
benefits, we also use a different
sequential evaluation process when we
decide whether your disability
continues. See §§ 404.1594, 416.924,
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.
PO 00000
Frm 00002
Fmt 4702
How do we define disability?
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. Our definitions of disability
are shown in the following table:
Disability means you have a medically determinable impairment(s) as described above
that results in * * *
If you file a claim under * * *
How do we decide whether you are
disabled?
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 Supplemental Security Income (SSI)
payments on the basis of disability if
you are disabled and have limited
income and resources.
Sfmt 4702
the inability to do any substantial gainful activity (SGA).
the inability to do any SGA.
marked and severe functional limitations.
What are the listings?
The listings are examples of
impairments that we consider severe
enough to prevent you as an adult 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
§ 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 an
individual 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 an individual under age 18,
we first use the criteria in part B of the
listings. Part B contains criteria that
apply only to individuals who are under
age 18. If the criteria in part B do not
apply, we may use the criteria in part A
when those criteria give appropriate
E:\FR\FM\12DEP1.SGM
12DEP1
Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Proposed Rules
consideration to the effects of the
impairment(s) in children. (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
as an impairment in the listings. (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 not 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.’’
Likewise, we will not decide that your
disability has ended only because your
impairment(s) no longer meets or
medically equals 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: November 26, 2007.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E7–24061 Filed 12–11–07; 8:45 am]
BILLING CODE 4191–02–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2007–11]
mstockstill on PROD1PC66 with PROPOSALS
Definition of Cable System
Copyright Office, Library of
Congress.
ACTION: Notice of Inquiry.
AGENCY:
The Copyright Office is
seeking comment on issues associated
with the definition of the term ‘‘cable
system’’ under the Copyright Act and
SUMMARY:
VerDate Aug<31>2005
21:02 Dec 11, 2007
Jkt 214001
70529
the Copyright Office’s implementing
rules. The Copyright Office is also
seeking comment on the National Cable
and Telecommunications Association’s
request for the creation of subscriber
groups for the purposes of eliminating
the ‘‘phantom signal’’ phenomenon.
Further, the Copyright Office seeks
comment on several other issues related
to the existence of phantom signals on
certain cable systems. The purpose of
this Notice of Inquiry is to solicit input
on, and address possible solutions to,
the complex issues presented in this
proceeding.
licensed by the Federal
Communications Commission (‘‘FCC’’).
Cable systems that retransmit broadcast
signals in accordance with the
provisions governing the statutory
license set forth in Section 111 are
required to pay royalty fees to the
Copyright Office. Payments made under
the cable statutory license are remitted
semi–annually to the Copyright Office
which invests the royalties in United
States Treasury securities pending
distribution of these funds to those
copyright owners who are entitled to
receive a share of the fees.
Written comments are due
February 11, 2008. Reply comments are
due March 26, 2008. December 12, 2007.
ADDRESSES: If hand delivered by a
private party, an original and five copies
of a comment or reply comment should
be brought to the Library of Congress,
U.S. Copyright Office, Public
Information Office, 101 Independence
Avenue, SE, Washington, DC 22043,
between 8:30 a.m. and 5 p.m. The
envelope should be addressed as
follows: Office of the General Counsel,
U.S. Copyright Office.
If delivered by a commercial courier,
an original and five copies of a comment
or reply comment must be delivered to
the Congressional Courier Acceptance
Site (‘‘CCAS’’) located at 2nd and D
Streets, NE, Washington, DC between
8:30 a.m. and 4 p.m. The envelope
should be addressed as follows: Office
of the General Counsel, U.S. Copyright
Office, LM 430, James Madison
Building, 101 Independence Avenue,
SE, Washington, DC. Please note that
CCAS will not accept delivery by means
of overnight delivery services such as
Federal Express, United Parcel Service
or DHL.
If sent by mail (including overnight
delivery using U.S. Postal Service
Express Mail), an original and five
copies of a comment or reply comment
should be addressed to U.S. Copyright
Office, Copyright GC/I&R, P.O. Box
70400, Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Ben
Golant, Assistant General Counsel, and
Tanya M. Sandros, General Counsel,
Copyright GC/I&R, P.O. Box 70400,
Washington, DC 20024. Telephone:
(202) 707–8380. Telefax: (202) 707–
8366.
I.
DATES:
Section
111 of the Copyright Act (‘‘Act’’), title
17 of the United States Code (‘‘Section
111’’), provides cable systems with a
statutory license to retransmit a
performance or display of a work
embodied in a primary transmission
made by a television or radio station
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
Background
The National Cable and
Telecommunications Association
(‘‘NCTA’’), by its attorneys, has
petitioned the Copyright Office to
commence a rulemaking proceeding to
address cable copyright royalty issues
arising from the current definition of
‘‘cable system’’ found in Section 201.17
of part 37 of the Code of Federal
Regulations. The NCTA has proposed
rule changes that it believes will better
effectuate the cable statutory license
under Section 111 of the Copyright Act.
We initiate this Notice of Inquiry
(‘‘NOI’’) to address the issues raised by
NCTA and to seek comment on its
proposed changes to Section 201.17 of
the Copyright Office’s rules and
associated cable Statement of Account
(‘‘SOA’’) forms. We also raise for
comment several other issues pertinent
to the discussion of the phantom signal
phenomenom, as that concept is defined
below.
A. Statutory and Regulatory
Definitions
Section 111(f) of the Copyright Act
defines a ‘‘cable system’’ as:
‘‘a facility, located in any State,
Territory, Trust Territory, or Possession,
that in whole or in part receives signals
transmitted or programs broadcast by
one or more television broadcast stations
licensed by the Federal Communications
Commission, and makes secondary
transmissions of such signals or
programs by wires, cables, microwave, or
other communications channels to
subscribing members of the public who
pay for such service. For purposes of
determining the royalty fee under
subsection (d)(1)[of Section 111], two or
more cable systems in contiguous
communities under common ownership
or control or operating from one headend
shall be considered one system.’’ 17
U.S.C. 111(f).1
1We note that the definition of ‘‘cable system’’
under the Communications Act of 1934 is different
than the Copyright Act definition. See 47 U.S.C.
522(7) (‘‘the term ‘‘cable system’’ means a facility,
consisting of a set of closed transmission paths and
E:\FR\FM\12DEP1.SGM
Continued
12DEP1
Agencies
[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Proposed Rules]
[Pages 70527-70529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24061]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 /
Proposed Rules
[[Page 70527]]
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA 2007-0065]
RIN 0960-AG65
Revised Medical Criteria for Evaluating Functional Limitations
Due to Digestive Disorders
AGENCY: Social Security Administration.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: On October 19, 2007, we published final rules in the Federal
Register (72 FR 59397) revising the criteria in sections 5.00 and
105.00 of the Listing of Impairments in appendix 1 to subpart P of part
404 of our regulations (the listings), the sections that we use to
evaluate claims involving digestive disorders. In those rules, we
indicated that we would issue an Advance Notice of Proposed Rulemaking
(ANPRM) inviting public comments on whether we should add a functional
listing for digestive disorders, and if so, what functional criteria
would be appropriate (72 FR at 59416). We are now requesting your
comments and suggestions.
After we have considered your comments and suggestions, other
information about the functional effects of digestive disorders, and
our adjudicative experience, we will determine whether it is
appropriate to add a functional listing for digestive disorders. If we
decide to add such a listing, we will publish for public comment a
Notice of Proposed Rulemaking (NPRM) that will propose specific
revisions to the rules.
DATES: To be sure that your comments are considered, we must receive
them no later than February 11, 2008.
ADDRESSES: You may submit comments by any of the following methods.
Regardless of which method you choose, to ensure that we can associate
your comments with the correct regulation for consideration, you must
state that your comments refer to Docket No. SSA-2007-0065:
Federal eRulemaking Portal at https://www.regulations.gov.
(This is the preferred method for submitting your comments.) In the
Search Documents section, select ``Social Security Administration''
from the agency drop-down menu, then click ``submit''. In the Docket ID
Column, locate SSA-2007-0065 and then click ``Add Comments'' in the
``Comments Add/Due By'' column.
Telefax to (410) 966-2830.
Letter to the Commissioner of Social Security, P.O. Box
17703, Baltimore, Maryland 21235-7703.
Deliver your comments to the Office of Regulations, Social
Security Administration, 922 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 the Federal eRulemaking portal, or you may
inspect them on regular business days by making arrangements with the
contact person shown in this preamble.
FOR FURTHER INFORMATION CONTACT: Suzanne DiMarino, Social Insurance
Specialist, Office of Regulations, Social Security Administration, 937
Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401,
(410) 965-1769, for information about this notice. 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 site,
Social Security Online, at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
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.
What is the purpose of this notice?
The purpose of this notice is to give you an opportunity to send us
comments and suggestions regarding the possible addition of a listing
based on functional limitations to the listings for evaluating
digestive disorders in sections 5.00 and 105.00 of the listings. On
October 19, 2007, we published final rules revising the criteria in
sections 5.00 and 105.00. Some commenters on the NPRM for those rules
(66 FR 57009, published November 14, 2001) recommended that we add a
functional listing for hepatitis using criteria similar to those in
listings 14.08N and 114.08O for human immunodeficiency virus (HIV). In
responding to this comment, we explained that we did not adopt the
recommendation because we did not believe we should add such a listing
without first proposing it for public comment. We also believe that we
need additional information to determine the criteria that would be
included in a functional listing, and whether such a listing should be
applicable to all digestive disorders or limited to specific disorders,
such as hepatitis. Accordingly, we indicated in the NPRM that we would
issue an Advanced Notice of Proposed Rulemaking, inviting public
comments on these questions.
On which rules are we inviting comments?
We are considering whether to add a listing based on functional
limitations to the listings for evaluating digestive disorders in
sections 5.00 and 105.00 of the listings. You can find the revised
rules for these listings on the Internet at: https://
frwebgate1.access.gpo.gov/cgi-bin/
waisgate.cgi?WAISdocID=039144316124+0+0+0&WAISaction=retrieve.
You can find the functional listings we use to evaluate HIV on our
Internet site at these locations:
Listing 14.08N is available at https://
www.socialsecurity.gov/disability/professionals/bluebook/14.00-Immune-
Adult.htm, and listing 114.08O is available at https://
www.socialsecurity.gov/disability/professionals/bluebook/114.00-Immune-
Childhood.htm.
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.
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 people who
have digestive disorders. 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
represent people who have digestive disorders, State agencies that make
[[Page 70528]]
disability determinations for us, experts in the evaluation of
digestive disorders, and researchers.
What should you comment about?
We are specifically interested in any comments and suggestions you
have about adding a listing based on functional limitations to sections
5.00 and 105.00 of our listings. The issues we want to address are:
Should we add a listing based on functional limitations to
the listings for digestive disorders?
If so, what criteria should we use?
Should we use these criteria to evaluate all digestive
disorders, or should they be applicable only to the evaluation of
specific disorders, such as hepatitis?
Will we respond to your comments from this notice?
We will not respond directly to comments you send us in response to
this notice. However, after we consider your comments along with other
information, such as medical research and our adjudicative experience,
we may decide to add a listing based on functional limitations to the
listings for digestive disorders. If we propose the addition of such a
listing, 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 any proposed addition(s) to the digestive listings if we
publish an NPRM, and we will summarize and respond to the significant
comments on the NPRM in the preamble to any final rules.
Other Information
Who can get disability benefits?
Under title II of the Social Security Act (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 Supplemental Security
Income (SSI) payments on the basis of disability if you are disabled
and have limited income and resources.
How do we define disability?
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. Our definitions of disability are shown in the
following table:
------------------------------------------------------------------------
Disability means you
have a medically
If you file a claim under * determinable
* * And you are * * * impairment(s) as
described above that
results in * * *
------------------------------------------------------------------------
Title II.................... an adult or child... the inability to do
any substantial
gainful activity
(SGA).
Title XVI................... an individual age 18 the inability to do
or older. any SGA.
Title XVI................... an individual under marked and severe
age 18. functional
limitations.
------------------------------------------------------------------------
How do we decide whether you are disabled?
If you are applying for benefits under title II of the Act, or if
you are an adult applying for payments under title XVI 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 SGA? If you are
working and the work you are doing is SGA, 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 to step 4.
4. Do you have the residual functional capacity (RFC) 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 RFC, 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 children who
apply for payments based on disability under SSI. 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, 416.924, 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 as an adult 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 an individual 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 an individual under age 18, we first use the criteria in
part B of the listings. Part B contains criteria that apply only to
individuals who are under age 18. If the criteria in part B do not
apply, we may use the criteria in part A when those criteria give
appropriate
[[Page 70529]]
consideration to the effects of the impairment(s) in children. (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 as an impairment in the listings. (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 not 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.''
Likewise, we will not decide that your disability has ended only
because your impairment(s) no longer meets or medically equals 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: November 26, 2007.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E7-24061 Filed 12-11-07; 8:45 am]
BILLING CODE 4191-02-P