81 FR 78757 - Providing Evidence of Disability

RAILROAD RETIREMENT BOARD

Federal Register Volume 81, Issue 217 (November 9, 2016)

Page Range		78757-78759
FR Document		2016-27060
We propose to amend our regulations regarding the submission of evidence in disability claims to require you to inform us or submit all evidence known to you that ``relates to'' your disability claims with exceptions for privileged communications and duplicates. This requirement would include the duty to submit all evidence obtained from any source in its entirety, subject to one of these exceptions. These modifications to our regulations would better describe your duty to submit all evidence that relates to your disability claim and will enable us to have a more complete case record which will allow us to make more accurate determinations of your disability status.
Federal Register, Volume 81 Issue 217 (Wednesday, November 9, 2016)
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Proposed Rules]
[Pages 78757-78759]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27060]


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RAILROAD RETIREMENT BOARD

20 CFR Part 220

RIN 3220-AB68


Providing Evidence of Disability

AGENCY: Railroad Retirement Board.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to amend our regulations regarding the submission 
of evidence in disability claims to require you to inform us or submit 
all evidence known to you that ``relates to'' your disability claims 
with exceptions for privileged communications and duplicates. This 
requirement would include the duty to submit all evidence obtained from 
any source in its entirety, subject to one of these exceptions. These 
modifications to our regulations would better describe your duty to 
submit all evidence that relates to your disability claim and will 
enable us to have a more complete case record which will allow us to 
make more accurate determinations of your disability status.

DATES: Submit comments on or before January 9, 2017.

ADDRESSES: You may submit comments, identified by [3220-AB68], by any 
of the following three methods--Internet, fax, or mail. Do not submit 
the same comments multiple times or by more than one method. Regardless 
of which method you choose, please state that your comments refer to 
RIN number 3220-AB68.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available as comments are 
posted without change, with any personal information provided. We

[[Page 78758]]

strongly urge you not to include in your comments any personal 
information, such as Social Security numbers or medical information.
    1. Internet: Email comments to the Secretary to the Board at 
[email protected].
    2. Fax: Fax comments to (312) 751-7102.
    3. Mail: Address your comments to the Secretary to the Board, 
Railroad Retirement Board, 844 N. Rush Street, Chicago, Illinois 60611-
2092.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant 
General Counsel, Railroad Retirement Board, 844 North Rush Street, 
Chicago, IL 60611-2092, (312) 751-4945, TTD (312) 751-4701.

SUPPLEMENTARY INFORMATION: 

Background

    The Railroad Retirement Act (Act) gives the Railroad Retirement 
three member Board (Board) the authority to issue regulations governing 
the production of evidence used to adjudicate both occupational 
disability and total and permanent disability claims under the Act.\1\
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    \1\ See 45 U.S.C. 231a(a)(2) and (3).
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    There has been recent interest by members of Congress in ensuring 
that Railroad Retirement disability benefits are reserved for only 
those who are truly disabled under either the standards of the 
occupational disability or total and permanent disability programs.\2\ 
Additionally, the Social Security Administration (SSA) has recently 
published new regulations requiring the comprehensive submission of all 
evidence known to the claimant that `relates to' the claimant's 
disability claims with exceptions for privileged communications and 
duplicates. Previously, Social Security disability claimants were 
required to submit evidence that was `material' to the disability 
determination. The effect of the SSA's new regulations is to require 
that claimants submit evidence that is both favorable and unfavorable 
to their claims.\3\
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    \2\ See, e.g., Is the Railroad Retirement Board Doing Enough to 
Protect Against Fraud? Hearing Before the H. Comm. on Oversight and 
Government Reform: Subcommittee on Government Operations, 114th 
Cong. (2015), https://www.congress.gov/congressional-record/2015/5/1/daily-digest.
    \3\ Submission of Evidence in Disability Claims, 80 FR 14828, 
March 20, 2015.
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    The analogy between total and permanent disability under the 
Railroad Retirement Act and the Social Security Act (SS Act) is well-
established. See, e.g. Webb v. Railroad Retirement Board, 358 F. 2d 451 
(6th Cir. 1966); Peppers v. Railroad Retirement Board, 728 F. 2d 404 
(7th Cir. 1984); Goodwin v. Railroad Retirement Board, 546 F. 2d 1169 
(5th Cir. 1977).
    Additionally, the Railroad Retirement Board's (RRB) occupational 
disability program incorporates the records requirements of the total 
and permanent disability program.\4\ The SSA's regulations specify a 
broader scope for claimants when providing records in support of his or 
her disability claim than the RRB's current regulations. Revising the 
RRB's regulations would allow the RRB to similarly obtain more complete 
case records and adjudicate disability claims more precisely.
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    \4\ See 20 CFR 222.12.
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Proposed Changes

Providing Evidence of Disability

    We propose to revise Sec.  220.45(a) to require you to inform the 
Board about or submit all evidence known to you that relates to your 
claimed disability.\5\ The RRB's current regulations require that the 
``[t]he claimant for a disability annuity is responsible for providing 
evidence of the claimed disability and the effect of the disability on 
the ability to do work.'' 20 CFR 220.45(a). Additionally, RRB's 
regulations require that ``[t]he claimant must provide medical evidence 
showing that he or she has an impairment(s) and how severe it is during 
the time the claimant claims to be disabled.'' 20 CFR 220.45(b).
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    \5\ Under the Act, a claimant will be considered to be 
occupationally disabled if he or she has a current connection to the 
railroad industry and a permanent physical and mental condition such 
as to be disabling for work in his or her regular occupation. 45 
U.S.C. 231a(a)(1)(iv). A claimant will be considered to be totally 
and permanently disabled if his or her permanent physical or mental 
condition is such that he or she is unable to engage in any regular 
employment. 45 U.S.C. 231a(a)(1)(v).
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    The RRB's regulations further state that the Board may ask the 
claimant to provide evidence about his or her- (1) Age; (2) Education 
and training; (3) Work experience; (4) Daily activities both before and 
after the date the claimant says that he or she became disabled; (5) 
Efforts to work; and (6) Any other evidence showing how the claimant's 
impairment(s) affects his or her ability to work.'' 20 CFR 220.45(b)(1) 
through (6).
    The proposed rule would amend Sec.  220.45(a) by adding ``you must 
inform the Board about or submit all evidence known to you that relates 
to the claimed disability. This duty is ongoing and requires you to 
disclose any additional related evidence about which you become aware. 
This duty applies at each level of the administrative review process, 
including the appeals level, if the evidence relates to the period on 
or before the date of the hearings officer's decision.''
    The proposed rule would also amend Sec.  220.45(b) by expanding the 
explanation of the kinds of evidence to be submitted and excluding 
certain information protected by attorney-client privilege or by the 
attorney work product doctrine.

Clarity of This Proposed Rule

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this proposed rule, we invite your 
comments on how to make it easier to understand.
    For example:
     Are the requirements for the rule clearly stated?
     Have we organized the material to meet your needs?
     What else could we do to make the rule easier to 
understand?
     Does the rule contain technical language or jargon that is 
not clear?
     Would a different format make the rule easier to 
understand?

When will we start to use this rule?

    We will not use this proposed rule until we evaluate public 
comments and publish a final rule in the Federal Register. All final 
rules we issue include an effective date. We will continue to use our 
current rules until that date. If we publish a final rule, we will 
include a summary of relevant comments we received, if any, and 
responses to them. We will also include an explanation of how we will 
apply the new rule.

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

    The Board, with the concurrence of the Office of Management and 
Budget, has determined that this is not a significant regulatory action 
under Executive Order 12866, as supplemented by Executive Order 13563. 
Therefore, no regulatory impact analysis is required.

Regulatory Flexibility Act

    We certify that this proposed rule would not have a significant 
economic impact on a substantial number of small entities because it 
affects individuals only. Therefore, a regulatory flexibility analysis 
is not required under the Regulatory Flexibility Act, as amended.

[[Page 78759]]

Paperwork Reduction Act

    This NPRM imposes no reporting or recordkeeping requirements 
subject to OMB clearance.

List of Subjects in 20 CFR Part 220

    Disability benefits, Railroad retirement.

    The Railroad Retirement Board proposes to amend title 20, chapter 
II, subchapter F, part 220 of the Code of Federal Regulations as 
follows:

PART 220 DETERMINING DISABILITY

0
1. The authority citation for part 220 continues to read as follows:

    Authority: 45 U.S.C. 231a(1); 45 U.S.C. 231f.

0
2. Revise Sec.  220.45 to read as follows:


Sec.  220.45   Providing evidence of disability.

    (a) General. You are responsible for providing all evidence of the 
claimed disability and the effect of the disability on your ability to 
work. You must inform the Board about or submit all evidence known to 
you that relates to the claimed disability. This duty is ongoing and 
requires you to disclose any additional related evidence about which 
you become aware. This duty applies at each level of the administrative 
review process, including the appeals level, if the evidence relates to 
the period on or before the date of the hearings officer's decision. 
The Board will assist you, when necessary, in obtaining the required 
evidence. At its discretion, the Board will arrange for an examination 
by a consultant at the expense of the Board as explained in Sec. Sec.  
220.50 and 220.51.
    (b) Kind of evidence. (1) You must provide medical evidence proving 
that you have an impairment(s) and how severe it is during the time you 
claim to be disabled. The Board will consider only impairment(s) you 
claim to have or about which the Board receives evidence. Before 
deciding your disability status, the Board will develop a complete 
medical history (i.e., evidence from the records of the your medical 
sources) covering at least the preceding 12 months, unless you say that 
your disability began less than 12 months before you filed an 
application. The Board will make every reasonable effort to help you in 
getting medical reports from your own medical sources when you give the 
Board permission to request them. Every reasonable effort means that 
the Board will make an initial request and, after 20 days, one follow-
up request to your medical source to obtain the medical evidence 
necessary to make a determination before the Board evaluates medical 
evidence obtained from another source on a consultative basis. The 
medical source will have 10 days from the follow-up request to reply 
(unless experience indicates that a longer period is advisable in a 
particular case). In order to expedite processing, the Board may order 
a consultative exam from a non-treating source while awaiting receipt 
of medical source evidence. If the Board asks you to do so, you must 
contact the medical sources to help us get the medical reports.
    (2) Exceptions. Notwithstanding paragraph (a) of this section, 
evidence does not include:
    (i) Oral or written communications between you and your 
representative that are subject to the attorney-client privilege, 
unless you voluntarily disclose the communication to us; or
    (ii) Your representative's analysis of your claim, unless he or she 
voluntarily discloses it to us. Your representative's ``analysis of 
your claim,'' means information that is subject to the attorney work 
product doctrine, but it does not include medical evidence, medical 
source opinions, or any other factual matter that we may consider in 
determining whether or not you are entitled to benefits (See paragraph 
(b)(2)(iv) of this section).
    (iii) The provisions of paragraph (b)(2)(i) of this section apply 
to communications between you and your non-attorney representative only 
if the communications would be subject to the attorney-client 
privilege, if your non-attorney representative were an attorney. The 
provisions of paragraph (b)(2)(ii) of this section apply to the 
analysis of your claim by your non-attorney representative only if the 
analysis of your claim would be subject to the attorney work product 
doctrine, if your non-attorney representative were an attorney.
    (iv) The attorney-client privilege generally protects confidential 
communications between an attorney and his or her client that are 
related to providing or obtaining legal advice. The attorney work 
product doctrine generally protects an attorney's analysis, theories, 
mental impressions, and notes. In the context of your disability claim, 
neither the attorney-client privilege nor the attorney work product 
doctrine allows you to withhold factual information, medical source 
opinions, or other medical evidence that we may consider in determining 
whether or not you are entitled to benefits. For example, if you tell 
your representative about the medical sources you have seen, your 
representative cannot refuse to disclose the identity of those medical 
sources to us based on the attorney-client privilege. As another 
example, if your representative asks a medical source to complete an 
opinion form related to your impairment(s), symptoms, or limitations, 
your representative cannot withhold the completed opinion form from us 
based on the attorney work product doctrine. The attorney work product 
doctrine would not protect the source's opinions on the completed form, 
regardless of whether or not your representative used the form in his 
or her analysis of your claim or made handwritten notes on the face of 
the report.
    (c) Your responsibility. You must inform us about or submit all 
evidence known to you that relates to whether or not you are blind or 
disabled. When you submit evidence received from another source, you 
must submit that evidence in its entirety, unless you previously 
submitted the same evidence to us or we instruct you otherwise. The 
Board may also ask you to provide evidence about:
    (1) Your age;
    (2) Your education and training;
    (3) Your work experience;
    (4) Your daily activities both before and after the date you say 
that you became disabled;
    (5) Your efforts to work; and
    (6) Any other evidence showing how your impairment(s) affects your 
ability to work. (In Sec. Sec.  220.125 through 220.134, we discuss in 
more detail the evidence the Board needs when it considers vocational 
factors.)

    Dated: November 3, 2016.

    By Authority of the Board.
Martha P. Rico,
Secretary to the Board.
[FR Doc. 2016-27060 Filed 11-8-16; 8:45 am]
 BILLING CODE P
Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Proposed Rules 78757

specifically requested that, where an which is of utmost importance to this NOPR. As previously indicated, the
investor directly or indirectly acquires Commission.4 comments submitted raised concerns
10 percent or more but less than 20 5. With these concerns in mind, the regarding the scope and implementation
percent of a public utility’s outstanding Commission provided an alternative of the proposal. Having considered
voting securities and is eligible to file a proposal in the NOPR. The Commission these comments, we are persuaded to
statement of beneficial ownership with first proposed to amend part 33 of its not seek to adopt the Affirmation and
the Securities and Exchange regulations to grant a blanket blanket authorization that the
Commission (SEC) on SEC Schedule authorization under section 203(a)(2) of Commission originally proposed.
13G,3 such investment would not be the FPA, as well as a parallel blanket 9. As a result, we withdraw the NOPR
deemed to result in a disposition of the authorization under section 203(a)(1), and terminate this rulemaking
public utility’s jurisdictional facilities for acquisitions of 10 percent or more, proceeding. We also terminate the
under FPA section 203(a)(1) or to result but less than 20 percent of the proceeding on EPSA’s Petition
in affiliation with the public utility for outstanding voting securities of a public requesting guidance in Docket No.
purposes of the Commission’s market- utility or holding company, where the PL09–3–000.
based rate requirements under FPA acquiring company files a statement By the Commission.
section 205. certifying that such securities were not Issued: October 28, 2016.
3. Commission staff held a workshop acquired and not held for the purpose
Nathaniel J. Davis, Sr.,
to address the issues raised by EPSA in or with the effect of changing or
Deputy Secretary.
its request. Comments were submitted influencing the control of the public
utility and such acquiring company [FR Doc. 2016–26540 Filed 11–8–16; 8:45 am]
in response to the workshop. In the
course of considering the comments complies with certain conditions BILLING CODE 6717–01–P

submitted and the discussions at the designed to limit its ability to exercise
workshop, the Commission determined control (Affirmation). Under the
proposed amendment to part 33, a RAILROAD RETIREMENT BOARD
that the issues may call for more formal
treatment and issued the NOPR in light public utility whose voting securities
are acquired, directly or indirectly, in 20 CFR Part 220
of the comments and discussions.
any such transaction would be exempt RIN 3220–AB68
4. In the NOPR, in connection with
from the requirements of an ‘‘affiliate’’
EPSA’s proposal to rely on the filing of
in part 35. The Commission also Providing Evidence of Disability
SEC Schedule 13G to demonstrate proposed to amend subpart H and
conclusively that an investor will not subpart I of part 35 of the Commission’s AGENCY: Railroad Retirement Board.
control the public utility in which it has regulations to define an ‘‘affiliate’’ of a Notice of proposed rulemaking
ACTION:
invested, the Commission stated that specified company as any person that (NPRM).
while it has relied on these filings, in controls, is controlled by, or is under
conjunction with other conditions and SUMMARY: We propose to amend our
common control with such specified regulations regarding the submission of
reporting requirements in the past for company.
various purposes, it believed the evidence in disability claims to require
6. The Commission received several
Commission could better fulfill its you to inform us or submit all evidence
comments in response to the proposal in
statutory responsibilities if it did not known to you that ‘‘relates to’’ your
the NOPR. A number of commenters
rely exclusively on the Schedule 13G. disability claims with exceptions for
raised concerns about the scope of the
The Commission stated that the primary privileged communications and
proposal, including the content of the
regulatory purpose behind the beneficial duplicates. This requirement would
proposed Affirmation and the
ownership disclosure requirements include the duty to submit all evidence
commitments that the Commission
under section 13(d) of the 1934 Act is obtained from any source in its entirety,
proposed an acquiring company would
to provide companies and their subject to one of these exceptions. These
need to agree to. Commenters also
shareholders with information about modifications to our regulations would
raised concerns regarding
large accumulations of a company’s better describe your duty to submit all
implementation of the proposal.
stock and that the requirements of evidence that relates to your disability
section 13(d) do not bar an investor II. Discussion claim and will enable us to have a more
from acquiring control of a company, 7. Upon further consideration and complete case record which will allow
after review of the comments received us to make more accurate
Docket No. EL08–87–000 (filed Sept. 2, 2008) in response to the NOPR, we will determinations of your disability status.
(Petition). The petition was originally docketed in withdraw the NOPR and terminate this DATES: Submit comments on or before
Docket. No. EL08–87–000 but was subsequently January 9, 2017.
redocketed in Docket No. PL09–3–000. Elec. Power
proceeding. We also terminate the
Supply Ass’n, Notice Redocketing Proceeding, proceeding on EPSA’s Petition ADDRESSES: You may submit comments,
Docket Nos. EL08–87–000 and PL09–3–000 (Nov. 5, requesting guidance in Docket No. identified by [3220–AB68], by any of the
2008). PL09–3–000. following three methods—Internet, fax,
3 Schedule 13G is filed with the SEC pursuant to
8. As noted above, in the course of or mail. Do not submit the same
section 13(d) of the Securities Exchange Act of
1934, 15 U.S.C. 78a et seq. (1934 Act), and the considering the discussions at the comments multiple times or by more
SEC’s rules thereunder, by any person when such workshop to address the issues raised than one method. Regardless of which
person has acquired beneficial ownership of more by EPSA in its Petition and the method you choose, please state that
jstallworth on DSK7TPTVN1PROD with PROPOSALS

than five percent but less than 20 percent of the comments received following the your comments refer to RIN number
outstanding voting equity securities of a company
that are registered under section 12 of and the 1934 workshop, the Commission determined 3220–AB68.
Act and such person certifies that it has not that the issues may call for more formal Caution: You should be careful to
acquired, and does not hold, such securities for the treatment and issued the NOPR. We include in your comments only
purpose of or with the effect of changing or appreciate the feedback that the information that you wish to make
influencing the control of the issuer. Amendments
to Beneficial Ownership Reporting Requirements, Commission received in response to the publicly available as comments are
File No. S7–16–96, 1998 SEC LEXIS 63, at * 17 n. posted without change, with any
20 (Jan. 12, 1998). 4 See NOPR, FERC Stats. & Regs. ¶ 32,650 at P 35. personal information provided. We

VerDate Sep<11>2014 14:36 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1
Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Proposed Rules 78759

Paperwork Reduction Act necessary to make a determination to disclose the identity of those medical
This NPRM imposes no reporting or before the Board evaluates medical sources to us based on the attorney-
recordkeeping requirements subject to evidence obtained from another source client privilege. As another example, if
OMB clearance. on a consultative basis. The medical your representative asks a medical
source will have 10 days from the source to complete an opinion form
List of Subjects in 20 CFR Part 220 follow-up request to reply (unless related to your impairment(s),
Disability benefits, Railroad experience indicates that a longer symptoms, or limitations, your
retirement. period is advisable in a particular case). representative cannot withhold the
The Railroad Retirement Board In order to expedite processing, the completed opinion form from us based
Board may order a consultative exam on the attorney work product doctrine.
proposes to amend title 20, chapter II,
from a non-treating source while The attorney work product doctrine
subchapter F, part 220 of the Code of
awaiting receipt of medical source would not protect the source’s opinions
Federal Regulations as follows:
evidence. If the Board asks you to do so, on the completed form, regardless of
PART 220 DETERMINING DISABILITY you must contact the medical sources to whether or not your representative used
help us get the medical reports. the form in his or her analysis of your
■ 1. The authority citation for part 220 (2) Exceptions. Notwithstanding claim or made handwritten notes on the
continues to read as follows: paragraph (a) of this section, evidence face of the report.
does not include: (c) Your responsibility. You must
Authority: 45 U.S.C. 231a(1); 45 U.S.C.
231f.
(i) Oral or written communications inform us about or submit all evidence
between you and your representative known to you that relates to whether or
■ 2. Revise § 220.45 to read as follows: that are subject to the attorney-client not you are blind or disabled. When you
§ 220.45 Providing evidence of disability.
privilege, unless you voluntarily submit evidence received from another
disclose the communication to us; or source, you must submit that evidence
(a) General. You are responsible for (ii) Your representative’s analysis of
providing all evidence of the claimed in its entirety, unless you previously
your claim, unless he or she voluntarily submitted the same evidence to us or we
disability and the effect of the disability discloses it to us. Your representative’s
on your ability to work. You must instruct you otherwise. The Board may
‘‘analysis of your claim,’’ means
inform the Board about or submit all also ask you to provide evidence about:
information that is subject to the
evidence known to you that relates to (1) Your age;
attorney work product doctrine, but it
the claimed disability. This duty is (2) Your education and training;
does not include medical evidence,
ongoing and requires you to disclose (3) Your work experience;
medical source opinions, or any other
any additional related evidence about (4) Your daily activities both before
factual matter that we may consider in
which you become aware. This duty and after the date you say that you
determining whether or not you are
applies at each level of the became disabled;
entitled to benefits (See paragraph
administrative review process, (5) Your efforts to work; and
(b)(2)(iv) of this section).
including the appeals level, if the (iii) The provisions of paragraph (6) Any other evidence showing how
evidence relates to the period on or (b)(2)(i) of this section apply to your impairment(s) affects your ability
before the date of the hearings officer’s communications between you and your to work. (In §§ 220.125 through 220.134,
decision. The Board will assist you, non-attorney representative only if the we discuss in more detail the evidence
when necessary, in obtaining the communications would be subject to the the Board needs when it considers
required evidence. At its discretion, the attorney-client privilege, if your non- vocational factors.)
Board will arrange for an examination attorney representative were an Dated: November 3, 2016.
by a consultant at the expense of the attorney. The provisions of paragraph By Authority of the Board.
Board as explained in §§ 220.50 and (b)(2)(ii) of this section apply to the Martha P. Rico,
220.51. analysis of your claim by your non- Secretary to the Board.
(b) Kind of evidence. (1) You must attorney representative only if the [FR Doc. 2016–27060 Filed 11–8–16; 8:45 am]
provide medical evidence proving that analysis of your claim would be subject
BILLING CODE P
you have an impairment(s) and how to the attorney work product doctrine, if
severe it is during the time you claim to your non-attorney representative were
be disabled. The Board will consider an attorney.
only impairment(s) you claim to have or (iv) The attorney-client privilege DEPARTMENT OF HOMELAND
about which the Board receives generally protects confidential SECURITY
evidence. Before deciding your communications between an attorney
disability status, the Board will develop and his or her client that are related to Coast Guard
a complete medical history (i.e., providing or obtaining legal advice. The
evidence from the records of the your attorney work product doctrine 33 CFR Part 165
medical sources) covering at least the generally protects an attorney’s analysis, [Docket Number USCG–2016–0799]
preceding 12 months, unless you say theories, mental impressions, and notes.
that your disability began less than 12 In the context of your disability claim, RIN 1625–AA87
months before you filed an application. neither the attorney-client privilege nor
Safety and Security Zones; New York
The Board will make every reasonable the attorney work product doctrine
jstallworth on DSK7TPTVN1PROD with PROPOSALS

Marine Inspection and Captain of the
effort to help you in getting medical allows you to withhold factual
Port Zone
reports from your own medical sources information, medical source opinions,
when you give the Board permission to or other medical evidence that we may AGENCY: Coast Guard, DHS.
request them. Every reasonable effort consider in determining whether or not ACTION: Technical correction.
means that the Board will make an you are entitled to benefits. For
initial request and, after 20 days, one example, if you tell your representative SUMMARY: The Coast Guard is publishing
follow-up request to your medical about the medical sources you have this notice to correct a misstatement and
source to obtain the medical evidence seen, your representative cannot refuse typographical error in a previous

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Document Created: 2016-11-09 01:39:56
Document Modified: 2016-11-09 01:39:56
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking (NPRM).
Dates		Submit comments on or before January 9, 2017.
Contact		Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092, (312) 751-4945, TTD (312) 751-4701.
FR Citation		81 FR 78757
RIN Number		3220-AB68
CFR Associated		Disability Benefits and Railroad Retirement