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SSA

RIN: 0960-AG38

Publication ID: Fall 2017

Title: Revised Medical Criteria for Evaluating Musculoskeletal Disorders (3318P)
Abstract: Sections 1.00 and 101.00, Musculoskeletal System, of appendix 1 to subpart P of part 404 of our regulations describe those musculoskeletal system disorders that we consider severe enough to prevent a person from doing any gainful activity, or that cause marked and severe functional limitations for a child. We propose to revise the criteria in these sections to reflect our adjudicative experience, advances in medical knowledge and treatment of musculoskeletal disorders, and comments from medical experts.
Agency: Social Security Administration(SSA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
EO 13771 Designation: Fully or Partially Exempt
CFR Citation: 20 CFR 404.1500, app 1
Legal Authority: 42 U.S.C. 402 42 U.S.C. 405(a) 42 U.S.C. 405(b) 42 U.S.C. 405(d) to 405(h) 42 U.S.C. 416(i) 42 U.S.C. 421(a) 42 U.S.C. 421(i) 42 U.S.C. 423 42 U.S.C. 902(a)(5) 42 U.S.C. 1381a 42 U.S.C. 1382c 42 U.S.C. 1383 42 U.S.C. 1383b

Legal Deadline: None

Statement of Need:

We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving musculoskeletal disorders in adults and children under titles II and XVI of the Social Security Act (Act). These proposed revisions reflect our adjudicative experience, advances in medical knowledge and treatment of musculoskeletal disorders, recommendations from medical experts, and comments we received in response to a final rule with request for public comments that we published in November 2001.

These rules are necessary to evaluate claims for Social Security disability benefits.

Summary of the Legal Basis:

Administrative--not required by statute or court order.

Alternatives:

We considered continuing to use our current criteria. However, we believe these proposed revisions are necessary to ensure that our criteria reflect advances in medical knowledge and treatment since we last revised these rules.

Anticipated Costs and Benefits:

Anticipated costs and benefits -- not yet determined.

Risks:

We expect the public and adjudicators to support the removal and clarification of ambiguous terms and phrases, and the addition of specific, demonstrable functional criteria for determining listing-level severity of all musculoskeletal disorders.

We expect adjudicators to support the change in the framework of the text because it makes the guidance in the introductory text and listings easier to access and understand.

Timetable:

Action	Date	FR Cite
NPRM	01/00/2018

Additional Information: Includes Retrospective Review under E.O. 13563.
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: Michael J. Goldstein Director Social Security Administration Office of Medical Policy, 6401 Security Boulevard, Woodlawn, MD 21235-6401 Phone:410 966-2733 Email: michael.j.goldstein@ssa.gov 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 Brian J. Rudick Social Insurance Specialist, Regulations Writer Social Security Administration Office of Regulations and Reports Clearance, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-7102 Email: brian.rudick@ssa.gov