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SSA | RIN: 0960-AG38 | Publication ID: Fall 2018 |
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. |
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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 |
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 |
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Statement of Need: These rules are necessary to evaluate claims for Social Security disability benefits. |
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Summary of the Legal Basis: Administrative--not required by statute or court order. |
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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. |
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Anticipated Costs and Benefits: Ensuring that the medical evaluation criteria are up-to-date and consistent with the latest advances in medical knowledge, technology, and treatment will provide for accurate disability evaluations. |
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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. |
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Timetable:
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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: Joanna Firmin Social Insurance Specialist Social Security Administration Office of Medical Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 966-2733 Email: joanna.firmin@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 |