federal register - U.S. Government Printing Office

Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6429of paragraph (c), the first and lastsentences of paragraph (c)(1), the secondsentence of paragraph (c)(2), the headingand the first and last sentences ofparagraph (c)(4), the reference at the endof paragraph (d)(1), the sixth and ninthsentences of paragraph (d)(3), andparagraph (d)(4) to read as follows:§ 416.929 How we evaluate symptoms,including pain.(a) * * * These include statements orreports from you, your treating orexamining physician or psychologist,and others about your medical history,diagnosis, prescribed treatment, dailyactivities, efforts to work, and any otherevidence showing how yourimpairment(s) and any relatedsymptoms affect your ability to work (orif you are a child, your functioning). Wewill consider all of your statementsabout your symptoms, such as pain, andany description you, your physician,your psychologist, or other persons mayprovide about how the symptoms affectyour activities of daily living and yourability to work (or if you are a child,your functioning). * * * We will thendetermine the extent to which youralleged functional limitations andrestrictions due to pain or othersymptoms can reasonably be acceptedas consistent with the medical signs andlaboratory findings and other evidenceto decide how your symptoms affectyour ability to work (or if you are achild, your functioning).* * * * *(c) * * * (1) General. When themedical signs or laboratory findingsshow that you have a medicallydeterminable impairment(s) that couldreasonably be expected to produce yoursymptoms, such as pain, we must thenevaluate the intensity and persistence ofyour symptoms so that we candetermine how your symptoms limityour capacity for work or, if you are achild, your functioning. * * *Paragraphs (c)(2) through (c)(4) of thissection explain further how we evaluatethe intensity and persistence of yoursymptoms and how we determine theextent to which your symptoms limityour capacity for work (or, if you are achild, your functioning) when themedical signs or laboratory findingsshow that you have a medicallydeterminable impairment(s) that couldreasonably be expected to produce yoursymptoms, such as pain.(2) * * * Objective medical evidenceof this type is a useful indicator to assistus in making reasonable conclusionsabout the intensity and persistence ofyour symptoms and the effect thosesymptoms, such as pain, may have onyour ability to work or, if you are achild, your functioning. * * ** * * * *(4) How we determine the extent towhich symptoms, such as pain, affectyour capacity to perform basic workactivities, or, if you are a child, yourfunctioning). In determining the extentto which your symptoms, such as pain,affect your capacity to perform basicwork activities (or if you are a child,your functioning), we consider all of theavailable evidence described inparagraphs (c)(1) through (c)(3) of thissection. * * * Your symptoms,including pain, will be determined todiminish your capacity for basic workactivities (or, if you are a child, yourfunctioning) to the extent that youralleged functional limitations andrestrictions due to symptoms, such aspain, can reasonably be accepted asconsistent with the objective medicalevidence and other evidence.(d) * * *(1) * * * (See § 416.920(c) for adultsand § 416.924(c) for children.)* * * * *(3) * * * (If you are a child and wecannot find equivalence based onmedical evidence only, we will considerpain and other symptoms under§ 416.926(a)(b)(3) in determiningwhether you have an impairment(s) thatcauses overall functional limitationsthat are the same as the disablinglimitations of a listed impairment.)* * * If they are not, we will considerthe impact of your symptoms on yourresidual functional capacity if you arean adult.* * *(4) Impact of symptoms (includingpain) on residual functional capacity or,if you are a child, on your functioning.If you have a medically determinablesevere physical or mentalimpairment(s), but your impairment(s)does not meet or equal an impairmentlisted in appendix 1 of subpart P of part404 of this chapter, we will consider theimpact of your impairment(s) and anyrelated symptoms, including pain, oryour residual functional capacity, if youare an adult, or, on your functioning ifyou are a child. (See §§ 416.945 and416.924a through 416.924e.)25. Section 416.930 is amended byrevising paragraph (a) to read as follows:§ 416.930 Need to follow prescribedtreatment.(a) What treatment you must follow.In order to get benefits, you must followtreatment prescribed by your physicianif this treatment can restore your abilityto work, or, if you are a child, if thetreatment can reduce your functionallimitations so that they are no longermarked and severe.* * * * *26. Section 416.987 and anundesignated center heading are addedto 20 CFR part 416, subpart I to read asfollows:Disability Redeterminations forIndividuals Who Attain Age 18§ 416.987 Disability redeterminations forindividuals who attain age 18.(a)(1) Public Law 104–193, ThePersonal Responsibility and WorkOpportunity Reconciliation Act of 1996,requires that the individuals describedin paragraph (b) of this section musthave their eligibility redetermined.(2) For these individuals, subject tothe provisions of paragraphs (b)(2) and(b)(3) of this section, we will use therules for new applicants; we will notuse the rules for determining whetherdisability continues set out in § 416.994.If you are an individual affected by theprovisions of this section, we may findthat you are not now disabled eventhough we previously found that youwere disabled.(3) Before we begin your disabilityredetermination, we will notify you thatwe are redetermining your eligibility forpayments, why we are redeterminingyour eligibility, which disability ruleswe will apply, that our review couldresult in a finding that your SSIpayments based on disability could beterminated, that you have the right tosubmit medical and other evidence forour consideration during theredetermination, and that when wemake our determination, we will notifyyou of our determination, your right toappeal the determination, and your rightto request continuation of benefitsduring appeal.(4) We will notify you in writing ofthe results of the disabilityredetermination. The notice will tellyou what our determination is, thereasons for our determination and yourright to request reconsideration of thedetermination. If our determinationshows that we should stop your SSIpayments based on disability, the noticewill also tell you of your right to requestthat your benefits continue during anyappeal. The results of an initialdisability redetermination are bindingunless you request a reconsiderationwithin the stated time period, or werevise the initial determination.(b)(1) We will redetermine theeligibility of individuals(i) Who became eligible for SSIbenefits by reason of disability prior toattaining age 18, and