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SSA

RIN: 0960-AG20

Publication ID: Fall 2008

Title: Revised Medical Criteria for Evaluating Hearing Loss (2862F)
Abstract: Sections 2.00 and 102.00, Special Senses and Speech, of appendix 1 subpart P of part 404 of our regulations describe hearing loss that is considered severe enough to prevent a person from doing any gainful activity, or for a child claiming Supplemental Security Income (SSI) payments under title XVI, that causes marked and severe functional limitations. We are revising 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: Final Rule Stage
Major: No	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 hearing loss listings to reflect advances in medical knowledge, treatment, and methods of evaluating hearing impairments. The changes ensure that determinations of disability have a sound medical basis, that claimants receive equal treatment through the use of specific criteria, 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 or making only minor technical changes 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 these types of impairments. The current listings are now over 15 years old. Medical advances in disability evaluation and treatment and our program experience make clear that the current listings do not reflect state-of-the-art medical knowledge and technology.

Anticipated Costs and Benefits: Cost estimates for fiscal years 2008 - 2018: (in millions of dollars) OASDI - 105, SSI - 10.

Risks: None.

Timetable:

Action	Date	FR Cite
ANPRM	04/13/2005	70 FR 19353
ANPRM Comment Period End	06/13/2005
NPRM	08/13/2008	73 FR 47103
NPRM Comment Period End	10/14/2008
Final Action	09/00/2009

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 Rosemarie Greenwald Social Insurance Specialist, Regulations Writer Social Security Administration Office of Regulations, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 966-7813