[Federal Register Volume 65, Number 74 (Monday, April 17, 2000)]
[Rules and Regulations]
[Pages 20371-20372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9516]


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RAILROAD RETIREMENT BOARD

20 CFR Part 220

RIN 3220-AB42


Determining Disability

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) hereby amends its 
disability regulations to discontinue the current policy of conducting 
continuing disability reviews (CDR's) for medical recovery of 
disability annuitants in medical improvement not expected (MINE) cases. 
The Board has found that these reviews have not been cost effective and 
impose an unnecessary burden on the annuitant.

EFFECTIVE DATE: This rule will be effective May 17, 2000.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 North 
Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Senior Attorney, 
(312) 751-4945, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: The Board conducts continuing disability 
reviews (CDRs) to determine whether or not a disability annuitant 
continues to meet the disability requirements contained in the Railroad 
Retirement Act and, in some cases, the Social Security Act. Payment of 
cash benefits based on disability ends if the medical or other evidence 
shows that the annuitant is no longer disabled under the standards set 
out in the Railroad Retirement Act or, for some benefits, the Social 
Security Act. Section 220.186 of the regulations of the Board provides 
when and how often the Board will conduct a CDR. This rulemaking would 
amend Sec. 220.186(d) to discontinue the Board's current policy of 
conducting a CDR in cases where medical improvement is not expected 
(MINE). The current regulation requires a review no less frequently 
than once every 7 years but no more frequently than once every 5 years 
in MINE cases. The Board's CDR of MINE cases has not proved cost 
effective. For fiscal years 1995 through 1997 the Board conducted 552 
MINE exams; however, in only 1 case did the evidence merit termination 
of the annuity. For fiscal years 1998 and 1999, 300 MINE reviews were 
conducted with no annuity terminations. Such results, in the Board's 
view, do not justify continuation of this program. Consequently, the 
Board proposes to cease routine continuing disability review in these 
cases. The cessation will be of routine reviews only. These cases

[[Page 20372]]

will still be reviewed for continuing eligibility: If the beneficiary 
returns to work and successfully completes a trial work period; if 
substantial earnings are posted to the beneficiary's earnings record; 
or if information is received either from the annuitant or a reliable 
source that the annuitant has recovered or returned to work, or that a 
review is otherwise warranted.
    The Board published this rule as a proposed rule on November 18, 
1999, and invited comments by January 18, 2000. No comments were 
received. The Board, with the concurrence of the Office of Management 
and Budget, has determined that this is not a significant regulatory 
action for purposes of Executive Order 12866. Therefore, no regulatory 
analysis is required. There are no information collections associated 
with this rule.

List of Subjects in 20 CFR Part 220.186

    Disability benefits, Railroad employees; Railroad retirement.

    For the reasons set out in the preamble, the Railroad Retirement 
Board amends title 20, chapter II, part 220 of the Code of Federal 
Regulations as follows:

PART 220--DETERMINING DISABILITY

    1. The authority citation for part 220 continues to read as 
follows:

    Authority: 45 U.S.C. 231a; 45 U.S.C. 231f.


Sec. 220.186  When and how often the Board will conduct a continuing 
disability review. [Amended]

    2. In Sec. 220.186, paragraph (b)(2), remove the phrase ``(medical 
improvement possible or medical improvement not expected)'', and 
paragraph (d), remove the fourth sentence which reads: ``If the 
annuitant's disability is considered permanent, the Board will review 
the annuitant's continuing eligibility for benefits no less frequently 
than once every 7 years but no more frequently than once every 5 
years.'', and add in its place ``If no medical improvement is expected 
in the annuitant's impairment(s), the Board will not routinely review 
the annuitant's continuing eligibility.''

    Dated: April 6, 2000.

    By Authority of the Board.

    For the Board.

Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 00-9516 Filed 4-14-00; 8:45 am]
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