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SSA RIN: 0960-AF58 Publication ID: Fall 2008 
Title: Revised Medical Criteria for Evaluating Respiratory System Disorders (859P) 
Abstract: Sections 3.00 and 103.00, Respiratory System, of appendix 1 subpart P of part 404 of our regulations describe respiratory system disorders that are considered severe enough to prevent an individual from doing any gainful activity, or for a child claiming SSI payments under title XVI, that cause marked and severe functional limitations. We are proposing revisions to these sections to ensure that the medical evaluation criteria are up-to-date and consistent with the latest advances in medical knowledge and treatment. 
Agency: Social Security Administration(SSA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 20 CFR 404.1500, app 1   
Legal Authority: 42 USC 402    42 USC 405(a)    42 USC 405(b)    42 USC 405(d) to 42 USC 405(h)    42 USC 416(i)    42 USC 421(a)    42 USC 421(i)    42 USC 422(c)    42 USC 423    42 USC 425    42 USC 902(a)(5)   
Legal Deadline:  None

Statement of Need: These regulations are necessary to update the respiratory system listings to reflect advances in medical knowledge, treatment, and methods of evaluating respiratory disorders. The changes will ensure that determinations of disability have a sound medical basis and that people who are disabled can be readily identified and awarded benefits if all other factors of entitlement or eligibility are met.

Summary of the Legal Basis: Administrative--not required by statute or court order.

Alternatives: We considered not revising the listings and continuing to use our current criteria. However, we believe that proposing these revisions is preferable because of the medical advances that have been made in treating and evaluating respiratory diseases and because of our adjudicative experience.

Anticipated Costs and Benefits: Estimated costs - low.

Risks: None.

Timetable:
Action Date FR Cite
ANPRM  04/13/2005  70 FR 19358   
ANPRM Comment Period End  06/13/2005    
NPRM  03/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Cheryl A. Williams
Director
Social Security Administration
Office of Medical Policy, 6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-1020
Email: cheryl.a.williams@ssa.gov

Suzanne DiMarino
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations, 6401 Security Boulevard,
Baltimore, MD 21225-6401
Phone:410 965-7102