Revised Medical Criteria for Evaluating HIV Infection, 14409-14411 [E8-5022]

Download as PDF Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Proposed Rules significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it proposes to establish Class E airspace at Philippi, WV. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth rwilkins on PROD1PC63 with PROPOSALS * * * * * AEA WV E5 Philippi, WV [New] Philippi/Barbour County Regional Airport, WV (Lat. 39°09′58″ N., long. 80°03′45″ W.) That airspace extending upward from 700 feet above the surface of the Earth within a 6.6-mile radius of Philippi/Barbour County Regional Airport. * * * VerDate Aug<31>2005 * * 16:08 Mar 17, 2008 Jkt 214001 Issued in College Park, Georgia, on February 25, 2008. Mark D. Ward, Manager, System Support Group Eastern Service Center. [FR Doc. E8–5170 Filed 3–17–08; 8:45 am] BILLING CODE 4910–13–M SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 [Docket No. SSA 2007–0082] RIN 0960–AG67 Revised Medical Criteria for Evaluating HIV Infection Social Security Administration. Advance Notice of Proposed Rulemaking. AGENCY: ACTION: SUMMARY: In a separate notice in today’s edition of the Federal Register, we are publishing final rules revising the criteria we use to evaluate immune system disorders, found in sections 14.00 and 114.00 of the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings). In those rules, we indicate that we will issue an Advance Notice of Proposed Rulemaking (ANPRM) inviting public comments on how we might update and revise listings 14.08 and 114.08, our listings for evaluating HIV infection. We are now requesting your comments and suggestions about possible revisions to those listings. After we have considered your comments and suggestions, other information about advances in medical knowledge, treatment, and methods of evaluating HIV infection, and our program experience using the current listings, we will determine whether we should revise listings 14.08 and 114.08. If we propose specific revisions to the listings, we will publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register. DATES: To be sure that your comments are considered, we must receive them no later than May 19, 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–2007–0082: • 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- PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 14409 down menu, then click ‘‘submit.’’ In the Docket ID Column, locate SSA–2007– 0082 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: Paul Scott, Office of Compassionate Allowances and Listings Improvement, Social Security Administration, 4422 Annex Building, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 966–1192, 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 ANPRM? The purpose of this ANPRM is to give you an opportunity to send us comments and suggestions on whether and how we might update and revise listings 14.08 and 114.08, our listings for evaluating HIV infection. In a separate notice in today’s edition of the Federal Register, we are publishing final rules revising the criteria we use to evaluate immune system disorders, found in sections 14.00 and 114.00 of the listings. We proposed changes to listings 14.08 and 114.08 when we published our NPRM on August 4, 2006 (71 FR 44432 (2006)), and we received some public comments suggesting changes to those listings. Although the final rules that we are are publishing today include changes to listings 14.08 and 114.08, the criteria in these listings are not substantively different from the criteria in our proposed rules and our current rules. We have decided to publish this ANPRM partly because we need additional information and partly because we believe that some of the E:\FR\FM\18MRP1.SGM 18MRP1 14410 Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Proposed Rules changes suggested in the public comments were too extensive to include in a final rule without giving the public a chance to comment on them. Which rules are we inviting comments about? We are considering whether and how to update and revise listings 14.08 and 114.08. You can find the revised rules for listing sections 14.00 and 114.00 in a separate notice that we are publishing in today’s edition of the Federal Register. What should you comment about? We are specifically interested in any comments and suggestions you have on how we might update and revise listings 14.08 and 114.08. The issues we want your comments to address are: • Should we add, change, or remove any of the criteria in listings 14.08 and 114.08? • If so, what revisions do you think we should make? Will we respond to your comments from this notice? We invite comments and suggestions from anyone who has an interest in the rules we use to evaluate claims for benefits filed by persons who have HIV infection. We are interested in getting comments and suggestions from persons who apply for or receive benefits from us, members of the general public, advocates and organizations who represent people who have HIV infection, State agencies that make disability determinations for us, experts in the evaluation of HIV infection, and researchers. 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 other information about advances in medical knowledge, treatment, and methods of evaluating HIV infection and our program experience, we will decide whether and how to revise listings 14.08 and 114.08. If we propose revisions to those listings, we will publish an NPRM in the Federal Register. In accordance with the usual rulemaking procedures we follow, if we publish an NPRM, you will have a chance to comment on any proposed revisions to listings 14.08 and 114.08, and we will summarize and If you file a claim under . . . And you are . . . title II .................................................................. An adult or child ............................................... title XVI .............................................................. title XVI .............................................................. An individual age 18 or older ........................... An individual under age 18 .............................. How do we decide whether you are disabled? 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. rwilkins on PROD1PC63 with PROPOSALS Who should send us comments and suggestions? 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 VerDate Aug<31>2005 16:08 Mar 17, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4702 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 § 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 determinable impairment(s) as described above that results in . . . Sfmt 4702 the inability to do any substantial gainful activity (SGA). the inability to do any SGA. marked and severe functional limitations. 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. 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 E:\FR\FM\18MRP1.SGM 18MRP1 Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Proposed Rules 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. DEPARTMENT OF HEALTH AND HUMAN SERVICES How do we use the listings? [Docket No. 2008N–0011] 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 do not 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. If the criteria in part B do not apply, we may use the criteria in part A when those criteria give appropriate 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 in 20 CFR Part 404 rwilkins on PROD1PC63 with PROPOSALS Administrative practice and procedure, Blind, Disability benefits, Old-Age, Survivors and Disability Insurance, Reporting and recordkeeping requirements, Social Security. Dated: January 15, 2008. Michael J. Astrue, Commissioner of Social Security. [FR Doc. E8–5022 Filed 3–17–08; 8:45 am] BILLING CODE 4191–02–P VerDate Aug<31>2005 16:08 Mar 17, 2008 Jkt 214001 Food and Drug Administration 21 CFR Part 516 RIN 0910–AG03 Defining Small Number of Animals for Minor Use Designation AGENCY: Food and Drug Administration, HHS. ACTION: Proposed rule. SUMMARY: The designation provision of the Minor Use and Minor Species Animal Health Act of 2004 (MUMS act) provides incentives to animal drug sponsors to encourage drug development and approval for minor species and for minor uses in major animal species. Congress provided a statutory definition of ‘‘minor use’’ that relied on the phrase ‘‘small number of animals’’ to characterize such use. At this time, FDA is proposing to amend the implementing regulations of the MUMS act. In response to Congress’ charge to the agency to further define minor use, this amendment proposes a specific ‘‘small number of animals’’ for each of the seven major animal species to be used in determining whether any particular intended use in a major species is a minor use. DATES: Submit written or electronic comments on the proposed rule by July 16, 2008. Submit comments regarding information collection by April 17, 2008 to OMB (see ADDRESSES). ADDRESSES: You may submit comments, identified by Docket No. 2008N–0011 and RIN number 0910–AG03, by any of the following methods: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Written Submissions Submit written submissions in the following ways: • FAX: 301–827–6870. • Mail/Hand delivery/Courier [For paper, disk, or CD–ROM submissions]: Division of Dockets Management (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. To ensure more timely processing of comments, FDA is no longer accepting comments submitted to the agency by email. FDA encourages you to continue to submit electronic comments by using the Federal eRulemaking Portal or the PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 14411 agency Web site, as described previously, in the ADDRESSES portion of this document under Electronic Submissions. Instructions: All submissions received must include the agency name and Docket No(s). and Regulatory Information Number (RIN) (if a RIN number has been assigned) for this rulemaking. All comments received may be posted without change to https:// www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the ‘‘Comments’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov and insert the docket number(s), found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Information Collection Provisions: Submit written comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB).To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–6974. FOR FURTHER INFORMATION CONTACT: Margaret Oeller, Center for Veterinary Medicine (HFV–50), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240–276–9005, email: Margaret.Oeller@fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background A. The Definition of Minor Use The MUMS act (Public Law 108–282) amended the Federal Food, Drug, and Cosmetic Act (the act) to provide incentives for the development of new animal drugs for use in minor animal species and for minor uses in major animal species. The MUMS act defines ‘‘minor use’’ as ‘‘the intended use of a drug in a major species for an indication that occurs infrequently and in only a small number of animals or in limited geographical areas and in only a small number of animals annually’’ (section 201(pp) of the act (21 U.S.C. 321(pp)). The major species are cattle, horses, swine, chickens, turkeys, dogs, and cats (21 U.S.C. 321(nn)). Prior to enactment of the MUMS act, FDA defined minor use by regulation to E:\FR\FM\18MRP1.SGM 18MRP1

Agencies

[Federal Register Volume 73, Number 53 (Tuesday, March 18, 2008)]
[Proposed Rules]
[Pages 14409-14411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5022]


=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA 2007-0082]
RIN 0960-AG67


Revised Medical Criteria for Evaluating HIV Infection

AGENCY: Social Security Administration.

ACTION: Advance Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: In a separate notice in today's edition of the Federal 
Register, we are publishing final rules revising the criteria we use to 
evaluate immune system disorders, found in sections 14.00 and 114.00 of 
the Listing of Impairments in appendix 1 to subpart P of part 404 of 
our regulations (the listings). In those rules, we indicate that we 
will issue an Advance Notice of Proposed Rulemaking (ANPRM) inviting 
public comments on how we might update and revise listings 14.08 and 
114.08, our listings for evaluating HIV infection. We are now 
requesting your comments and suggestions about possible revisions to 
those listings.
    After we have considered your comments and suggestions, other 
information about advances in medical knowledge, treatment, and methods 
of evaluating HIV infection, and our program experience using the 
current listings, we will determine whether we should revise listings 
14.08 and 114.08. If we propose specific revisions to the listings, we 
will publish a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register.

DATES: To be sure that your comments are considered, we must receive 
them no later than May 19, 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-2007-0082:
     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-2007-0082 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: Paul Scott, Office of Compassionate 
Allowances and Listings Improvement, Social Security Administration, 
4422 Annex Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
(410) 966-1192, 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 ANPRM?

    The purpose of this ANPRM is to give you an opportunity to send us 
comments and suggestions on whether and how we might update and revise 
listings 14.08 and 114.08, our listings for evaluating HIV infection. 
In a separate notice in today's edition of the Federal Register, we are 
publishing final rules revising the criteria we use to evaluate immune 
system disorders, found in sections 14.00 and 114.00 of the listings. 
We proposed changes to listings 14.08 and 114.08 when we published our 
NPRM on August 4, 2006 (71 FR 44432 (2006)), and we received some 
public comments suggesting changes to those listings. Although the 
final rules that we are are publishing today include changes to 
listings 14.08 and 114.08, the criteria in these listings are not 
substantively different from the criteria in our proposed rules and our 
current rules. We have decided to publish this ANPRM partly because we 
need additional information and partly because we believe that some of 
the

[[Page 14410]]

changes suggested in the public comments were too extensive to include 
in a final rule without giving the public a chance to comment on them.

Which rules are we inviting comments about?

    We are considering whether and how to update and revise listings 
14.08 and 114.08. You can find the revised rules for listing sections 
14.00 and 114.00 in a separate notice that we are publishing in today's 
edition of the Federal Register.

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 persons 
who have HIV infection. We are interested in getting comments and 
suggestions from persons who apply for or receive benefits from us, 
members of the general public, advocates and organizations who 
represent people who have HIV infection, State agencies that make 
disability determinations for us, experts in the evaluation of HIV 
infection, and researchers.

What should you comment about?

    We are specifically interested in any comments and suggestions you 
have on how we might update and revise listings 14.08 and 114.08. The 
issues we want your comments to address are:
     Should we add, change, or remove any of the criteria in 
listings 14.08 and 114.08?
     If so, what revisions do you think we should make?

 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 other information about 
advances in medical knowledge, treatment, and methods of evaluating HIV 
infection and our program experience, we will decide whether and how to 
revise listings 14.08 and 114.08. If we propose revisions to those 
listings, we will publish an NPRM in the Federal Register. In 
accordance with the usual rulemaking procedures we follow, if we 
publish an NPRM, you will have a chance to comment on any proposed 
revisions to listings 14.08 and 114.08, 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
                                                         determinable
 If you file a claim under . . .   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   the inability to
                                   18 or older.        do any SGA.
title XVI.......................  An individual       marked and severe
                                   under 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

[[Page 14411]]

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 do 
not 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. If the criteria in part B do not apply, we may 
use the criteria in part A when those criteria give appropriate 
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 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: January 15, 2008.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E8-5022 Filed 3-17-08; 8:45 am]
BILLING CODE 4191-02-P
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