Rule2021-16417
Extension of Expiration Date for Neurological Disorders Body System Listings
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2021
Effective
August 2, 2021
Issuing agencies
Social Security Administration
Abstract
We are extending the expiration date of the body system, Neurological Disorders, in the Listing of Impairments (listings) in our regulations. We are making no other revisions to this body system in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate neurological impairments at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
Full Text
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<title>Federal Register, Volume 86 Issue 145 (Monday, August 2, 2021)</title>
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[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Rules and Regulations]
[Pages 41382-41383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16417]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2021-0019]
RIN 0960-AI57
Extension of Expiration Date for Neurological Disorders Body
System Listings
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: We are extending the expiration date of the body system,
Neurological Disorders, in the Listing of Impairments (listings) in our
regulations. We are making no other revisions to this body system in
this final rule. This extension ensures that we will continue to have
the criteria we need to evaluate neurological impairments at step three
of the sequential evaluation processes for initial claims and
continuing disability reviews.
DATES: This final rule is effective on August 2, 2021.
FOR FURTHER INFORMATION CONTACT: Michael J. Goldstein, Director, Office
of Medical Policy, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235-6401, (410) 965-1020.
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 <a href="http://www.socialsecurity.gov">http://www.socialsecurity.gov</a>.
SUPPLEMENTARY INFORMATION:
Background
We use the listings in appendix 1 to subpart P of part 404 of 20
CFR at the third step of the sequential evaluation process to evaluate
claims filed by adults and children for benefits based on disability
under the title II and title XVI programs.\1\ 20 CFR 404.1520(d),
416.920(d), 416.924(d). The listings are in two parts: Part A has
listings criteria for adults and Part B has listings criteria for
children. If you are age 18 or over, we apply the listings criteria in
Part A when we assess your impairment or combination of impairments. If
you are under age 18, we first use the criteria in Part B of the
listings when we assess your impairment(s). If the criteria in Part B
do not apply, we may use the criteria in Part A when those criteria
consider the effects of your impairment(s). 20 CFR 404.1525(b),
416.925(b).
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\1\ We also use the listings in the sequential evaluation
processes we use to determine whether a beneficiary's disability
continues. See 20 CFR 404.1594, 416.994, and 416.994a.
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Explanation of Changes
In this final rule, we are extending the date on which the listings
for the following body system will no longer be effective as set out in
the following chart:
[[Page 41383]]
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Current expiration Extended
Body system listings date expiration date
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Neurological Disorders (11.00 September 29, 2021 September 29,
and 111.00). 2025.
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We continue to revise and update the listings on a regular basis,
including those body systems not affected by this final rule.\2\ We
intend to update the listings affected by this final rule as necessary
based on medical advances as quickly as possible, but may not be able
to publish final rules revising these listings by the current
expiration date. Therefore, we are extending the expiration date listed
above.
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\2\ We last revised the expiration date for the Neurological
Disorders body system listings when we updated the body system on
July 1, 2016 (81 FR 43038, 43052).
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Regulatory Procedures
Justification for Final Rule
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 in promulgating regulations.
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5).
Generally, the APA requires that an agency provides prior notice and
opportunity for public comment before issuing a final regulation. The
APA provides exceptions to the notice-and-comment requirements when an
agency finds there is good cause for dispensing with such procedures
because they are impracticable, unnecessary, or contrary to the public
interest.
We determined that good cause exists for dispensing with the notice
and public comment procedures. 5 U.S.C. 553(b)(B). This final rule only
extends the date on which the Neurological Disorders body system
listings will no longer be effective. It makes no substantive changes
to our rules. Our current regulations \3\ provide that we may extend,
revise, or promulgate the body system listings again. Therefore, we
determined that opportunity for prior comment is unnecessary, and we
are issuing this regulation as a final rule.
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\3\ See the first sentence of appendix 1 to subpart P of part
404 of 20 CFR.
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In addition, for the reasons cited above, we find good cause for
dispensing with the 30-day delay in the effective date of this final
rule. 5 U.S.C. 553(d)(3). We are not making any substantive changes to
the Neurological Disorders body system listing. Without an extension of
the expiration date for this listing, we will not have the criteria we
need to assess medical impairments in the body system at step three of
the sequential evaluation processes. We therefore find it is
unnecessary to delay the effective date of this final rule.
Executive Order 12866, as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that this final rule does not meet the requirements for a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563. Therefore, OMB did not review
it. We also determined that this final rule meets the plain language
requirement of Executive Order 12866.
Regulatory Flexibility Act
We certify that this final rule does not have a significant
economic impact on a substantial number of small entities because it
affects only individuals. Therefore, a regulatory flexibility analysis
is not required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new or affect any existing
collections and, therefore, do not require Office of Management and
Budget approval under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; 96.006,
Supplemental Security Income)
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.
The Acting Commissioner of the Social Security Administration,
Kilolo Kijakazi, having reviewed and approved this document, is
delegating the authority to electronically sign this document to Faye
I. Lipsky, who is the primary Federal Register Liaison for SSA, for
purposes of publication in the Federal Register.
Faye I. Lipsky,
Federal Register Liaison, Office of Legislative and Congressional
Affairs, Social Security Administration.
For the reasons set out in the preamble, we are amending subpart P
of part 404 of chapter III of title 20 of the Code of Federal
Regulations as set forth below.
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart P--[Amended]
0
1. The authority citation for subpart P of part 404 continues to read
as follows:
Authority: Secs. 202, 205(a)-(b) and (d)-(h), 216(i), 221(a) and
(h)-(j), 222(c), 223, 225, and 702(a)(5) of the Social Security Act
(42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a) and (h)-(j),
422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 110
Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42
U.S.C. 902 note).
0
2. Amend appendix 1 to subpart P of part 404 by revising item 12 of the
introductory text before Part A to read as follows:
Appendix 1 to Subpart P of Part 404--Listing of Impairments
* * * * *
12. Neurological Disorders (11.00 and 111.00): September 29, 2025.
* * * * *
[FR Doc. 2021-16417 Filed 7-30-21; 8:45 am]
BILLING CODE 4191-02-P
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