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6424 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulationssetting. Likewise, the fact that you arein a special education classroom setting,or that you are not in such a setting, willnot in itself establish your actuallimitations or abilities. We will considerthe fact of such placement or lack ofplacement in the context of theremainder of the evidence in your caserecord.(3) However, if you are unable toattend school on a regular basis becauseof your impairment(s), we will considerthis when we determine whether youare disabled.(h) Treatment and intervention, ingeneral. With adequate treatment orintervention, some children not onlyhave their symptoms and signs reduced,but also maintain, return to or achievea level of functioning that is notdisabling. Treatment or interventionmay prevent, eliminate, or reducefunctional limitations; if suchlimitations were disabling in theabsence of treatment or intervention,treatment or intervention may eliminatethem or reduce them so that they are notdisabling. We will, therefore, evaluatethe effects of your treatment orintervention to determine the actualoutcome of the treatment or interventionin your particular case.18. Section 416.924d is removed.19. Section 416.924e is removed.20. Section 416.925 is amended byrevising paragraph (a) and adding fivesentences to the end of paragraph (b)(2)to read as follows:§ 416.925 Listing of Impairments inappendix 1 of subpart P of part 404 of thischapter.(a) Purpose of the Listing ofImpairments. The Listing ofImpairments describes, for each of themajor body systems, impairments thatare considered severe enough to preventan adult from doing any gainful activityor, for a child, that causes marked andsevere functional limitations. Most ofthe listed impairments are permanent orexpected to result in death, or a specificstatement of duration is made. For allothers, the evidence must show that theimpairment has lasted or is expected tolast for a continuous period of at least12 months.(b) * * *(2) * * * Although the severitycriteria in Part B of the Listing ofImpairments are expressed in differentways for different impairments, thelevel of severity for impairments listedin part B is intended to be the same asthat expressed in the functional severitycriteria of the childhood mentaldisorders listings. (See listings 112.01 ff.of appendix 1 of subpart P of part 404of this chapter.) Therefore, in general, achild’s impairment(s) is of ‘‘listing-levelseverity’’ if it causes marked limitationsin two broad areas of functioning orextreme limitations in one such area.(See § 416.926a for definition of theterms marked and extreme as they applyto children.) However, when we decidewhether your impairment(s) meets therequirements for any listed impairment,we will decide that your impairment isof ‘‘listing-level severity’’ even if it doesnot result in marked limitations in twobroad areas of functioning, or extremelimitations in one such area, if thelisting that we apply does not requiresuch limitations to establish that animpairment(s) is disabling.* * * * *21. Section 416.926 is amended byrevising the section heading, paragraph(a), the last sentence of paragraph (b),and the first sentence of paragraph (c),and by adding paragraph (d) to read asfollows:§ 416.926 Medical equivalence for adultsand children.(a) How medical equivalence isdetermined. We will decide that yourimpairment(s) is medically equivalent toa listed impairment in appendix 1 ofsubpart P of part 404 of this chapter ifthe medical findings are at least equalin severity and duration to the listedfindings. We will compare thesymptoms, signs, and laboratoryfindings about your impairment(s), asshown in the medical evidence we haveabout your claim, with thecorresponding medical criteria shownfor any listed impairment. When wemake a finding regarding medicalequivalence, we will consider allrelevant evidence in your case record.Medical equivalence can be found intwo ways:(1) If you have an impairment that isdescribed in the Listing of Impairmentsin appendix 1 of subpart P of part 404of this chapter, but:(i) You do not exhibit one or more ofthe medical findings specified in theparticular listing, or(ii) You exhibit all of the medicalfindings, but one or more of the findingsis not as severe as specified in thelisting, we will nevertheless find thatyour impairment is medicallyequivalent to that listing if you haveother medical findings related to yourimpairment that are at least of equalmedical significance.(2) If you have an impairment that isnot described in the Listing ofImpairments in appendix 1, or you havea combination of impairments, no one ofwhich meets or is medically equivalentto a listing, we will compare yourmedical findings with those for closelyanalogous listed impairments. If themedical findings related to yourimpairment(s) are at least of equalmedical significance to those of a listedimpairment, we will find that yourimpairment(s) is medically equivalent tothe analogous listing.(b) * * * We will also consider themedical opinion given by one or moremedical or psychological consultantsdesignated by the Commissioner indeciding medical equivalence. (See§ 416.1016.)(c) Who is a designated medical orpsychological consultant. A medical orpsychological consultant designated bythe Commissioner includes any medicalor psychological consultant employedor engaged to make medical judgmentsby the Social Security Administration,the Railroad Retirement Board, or aState agency authorized to makedisability determinations. * * *(d) Responsibility for determiningmedical equivalence. In cases where theState agency or other designee of theCommissioner makes the initial orreconsideration disabilitydetermination, a State agency medicalor psychological consultant or otherdesignee of the Commissioner (see§ 416.1016) has the overallresponsibility for determining medicalequivalence. For cases in the disabilityhearing process or otherwise decided bya disability hearing officer, theresponsibility for determining medicalequivalence rests with either thedisability hearing officer or, if thedisability hearing officer’sreconsideration determination ischanged under § 416.1418, with theAssociate Commissioner for Disabilityor his or her delegate. For cases at theAdministrative Law Judge or AppealsCouncil level, the responsibility fordeciding medical equivalence rests withthe Administrative Law Judge orAppeals Council.22. Section 416.926a is revised to readas follows:§ 416.926a Functional equivalence forchildren(a) General. If your impairment orcombination of impairments does notmeet, or is not medically equivalent inseverity to, any listed impairment inappendix 1 of subpart P of part 404 ofthis chapter, we will assess allfunctional limitations caused by yourimpairment(s), i.e., what you cannot dobecause of your impairment(s), todetermine if your impairment(s) isfunctionally equivalent in severity toany listed impairment. While allpossible impairments are not addressedwithin the Listing of Impairments,within the listed impairments are all the