82 FR 12485 - Rescission of Social Security Ruling 87-6; Policy Interpretation Ruling; Titles II and XVI: The Role of Prescribed Treatment in the Evaluation of Epilepsy

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 82, Issue 41 (March 3, 2017)

In accordance with 20 CFR 402.35(b)(1), the Acting Commissioner of Social Security gives notice of the rescission of Social Security Ruling (SSR) 87-6.

[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12485-12486]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04122]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2006-0140]


Rescission of Social Security Ruling 87-6; Policy Interpretation 
Ruling; Titles II and XVI: The Role of Prescribed Treatment in the 
Evaluation of Epilepsy

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Ruling.

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SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Acting 
Commissioner of Social Security gives notice of the rescission of 
Social Security Ruling (SSR) 87-6.

DATES: This rescission is effective March 3, 2017.

FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Office of 
Disability Policy, Social Security Administration, 6401 Security 
Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1020. For 
information on eligibility or filing for benefits, call our national 
toll-free number 1-800-772-1213, or TTY 1-800-325-0778, or visit our 
Internet site, Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: Through SSRs, we make available to the 
public precedential decisions relating to the Federal old-age, 
survivors, disability, supplemental security income, and special 
veterans benefits programs. We may base SSRs on determinations or 
decisions made at all levels of administrative adjudication, Federal 
court decisions, Commissioner's decisions, opinions of the Office of 
the General Counsel, and other interpretations of the law and 
regulations.

[[Page 12486]]

    Under our prior listings 11.02 and 11.03, and SSR 87-6, we 
evaluated epilepsy according to the type, frequency, duration, and 
sequelae of seizures.\1\ If the claimant was following prescribed 
treatment and his or her epilepsy did not meet or medically equal the 
requirements of the listings, we would assess his or her residual 
functional capacity and evaluate the claimant's impairments under the 
remaining steps of the sequential evaluation process.
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    \1\ 20 CFR part 404, subpart P, app. 1, Sec.  11.00A (2016).
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    SSR 87-6 provided guidance to adjudicators on the role of 
prescribed treatment in the evaluation of epilepsy. The SSR stated the 
file must contain adequate information regarding the history of the 
treatment regimen and the claimant's response to it, and a satisfactory 
description of the treatment regimen by the treating physician. The SSR 
also required a record of anticonvulsant blood levels before we could 
allow a claim. Under SSR 87-6, without an ongoing treating 
relationship, we could not find the claimant's impairment to meet or 
medically equal the listing for epilepsy. When anticonvulsant blood 
levels were low, information obtained from the treating physician 
should explain why the levels were low and include the results of any 
relevant diagnostic studies.
    On July 1, 2016, we published in the Federal Register a final rule, 
Revised Medical Criteria for Evaluating Neurological Disorders, in 
which we incorporated the portions of SSR 87-6 that continue to be 
relevant to the treatment of epilepsy. 81 FR 43048, 43049 (2016). The 
final rule became effective September 29, 2016. Id., at 43048. 
Consequently, we are rescinding SSR 87-6 as obsolete.

(Catalog of Federal Domestic Assistance Programs Nos. 96.001, Social 
Security--Disability Insurance; 96.002, Social Security--Retirement 
Insurance; 96.004, Social Security--Survivors Insurance; 96.006--
Supplemental Security Income)

    Dated: February 28, 2017.
Nancy A. Berryhill,
Acting Commissioner of Social Security.
[FR Doc. 2017-04122 Filed 3-2-17; 8:45 am]
BILLING CODE 4191-02-P