Supporting Statement Part 404 -P-Appendix I

Supporting Statement for
Part 404, Subpart P, Appendix 1
Listing of Impairments

20 CFR 404.1512-404.1515; 416.912-416.915

OMB No. 0960-0642

A. Justification

1. Sections 205(a), 223(d)(5)(A), 1614(a)(3)(H)(i), and 1631(d)(1) of the Social Security Act (the Act); and 20 CFR 404.1512-404.1515 and 416.912-416.915 provide that an individual has the responsibility to furnish medical evidence showing that an impairment exists and the severity of the impairment. 20 CFR 404.1514 and 416.914 provide that the Social Security Administration (SSA) will generally pay the reasonable cost of providing this evidence. The Listing of Impairments (the listings), Part 404, Subpart P, Appendix 1, describes for each of the major body systems, impairments which are severe enough to prevent an individual from doing any gainful activity. As part of the listings, we provide an introductory text which identifies specific requirements that affect the body system, such as documentation requirements and other factors that must be considered when evaluating impairments within that body system. These can include requirements for medical and other evidence. This clearance request covers the Listing of Impairments in Appendix 1, Subpart P: growth impairment (100.00ff); musculoskeletal system (1.00ff, 101.00ff); special senses and speech (2.00ff, 102.00ff); respiratory system (3.00ff, 103.00ff); cardiovascular system (4.00ff, 104.00ff); digestive system (5.00ff, 105.00ff); genitourinary impairments (6.00ff, 106.00ff); hematological disorders (7.00ff, 107.00ff); skin disorders (8.00ff, 108,00ff); endocrine system (9.00ff, 109.00ff); impairments that affect multiple body systems (10.00ff, 110.00ff); neurological (11.00ff, 111.00ff); mental disorders (12.00ff, 112.00ff); malignant neoplastic diseases (13.00ff, 113.00ff); and immune system (14.00ff, 114.00ff). It also covers two impairments that we are updating and have published proposed and final rules: immune system (71 FR 44432; 73 FR 14570) and visual disorders covered under special senses and speech (71 FR 48342; 71 FR 67037).

2. The medical evidence documentation described in the listings is used by State Disability Determination Services and Administrative Law Judges to assess the alleged disability. The information, together with other evidence, is used to determine if an individual claiming disability benefits has an impairment that meets severity and duration requirements.

3. The medical evidence described in the listings is collected through various SSA forms. The information requested in each form provides specific information on the use of information technology to collect the information.

4. SSA uses various forms to obtain the specific information requested from the medical community. Similar medical findings may occasionally be provided by several medical sources. However, the nature of the information being collected and the manner in which it is collected preclude duplication.

5. The information is collected from physicians and other health care providers, hospital directors, medical records librarians, and others who may or may not be a part of a small business or other small entity. However, the burden has been minimized to the greatest extent practicable and the respondent is reimbursed for the reasonable cost of providing the evidence.

6. The cost of the disability program would increase if data to obtain the medical evidence necessary to evaluate disability claims were collected through other more costly methods (e.g., consultative examinations). In addition, the requirements of the law and regulations cited in Item 1 would not be met. Therefore, this information collection cannot be conducted less frequently. There are no technical or legal obstacles that prevent burden reduction.

7. This collection of information complies with 5 CFR 1320.5.

8. SSA published the 60-day advance Federal Register Notice on January 7, 2008 at 73 FR 1253, and SSA has received no public comments. We published the 30-day Notice on February 29 at 73 FR 11185. There have been no outside consultations with members of the public.

9. SSA provides remuneration to the State Disability Determination Services to reimburse them for administering the disability program, in accordance with the circumstances and authorities described in Item 1, above.

10. The information collected is protected and held confidential in accordance with 42 U.S.C. 1306, 20 CFR 401 and 422, 5 U.S.C. 552 (Freedom of Information Act), 5 U.S.C. 552a (Privacy Act of 1974) and OMB Circular No. A-130.

11. SSA is not collecting information of a sensitive nature such as sexual behavior, religious beliefs, etc.

12. The public reporting burden is accounted for in the Information Collection Requests for the various forms that the public uses to submit the information to SSA. Consequently, a 1-hour placeholder burden is being assigned to the specific reporting requirements contained in the rule.

13. See item 9 above. There is no cost to respondents as they are being remunerated in accordance with the circumstances and authorities cited in Item 1 above.

14. The costs to collect the information are accounted for in the various forms that SSA uses to collect medical evidence.

15. There are no changes in the public reporting burden.

16. The results of the information collected on this form will not be published for statistical purposes.

17. SSA is not requesting an exception to display the OMB expiration date.

18. SSA is not requesting an exception to the certification requirements. Please note, however, that statistical survey methodology is not used for this information collection.

B. Collection of Information Employing Statistical Methods

Statistical methods are not used for this information collection.

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