Notice & Comment

SSA Seeks Comment on Revisions to List of Child Growth & Weight Disorders, by Shannon Allen

The Social Security Administration (“SSA”) seeks comment on proposed changes to the Listing of Impairments (“listings”) for children “based on impairment of linear growth or weight loss.”  These changes propose to replace listings with new listings, add a listing to the genitourinary body system for children, and provide new introductory text for each listing explaining how to apply the new criteria.

The SSA proposals include:

  • Revising 100.00, Growth Impairment – Childhood by eliminating impairment listings for linear growth alone and by applying new listings only to infants born with low birth weight and to children under 3 years who fail to grow at expected rates and have delays in development.
  • Revising 105.08, Digestive System – Childhood, Malnutrition by eliminating references to Centers for Disease Control and Prevention (“CDC”) measurement growth charts and replacing references with currently used weight-for-length growth tables and body mass index (“BMI”) growth tables.
  • Revising listings in the respiratory, cardiovascular, and immune systems that refer to the CDC’s or other growth charts to incorporate the tables and other criteria we are proposing for listing 105.08 and adding a listing in the Genitourinary Impairments body system.
  • Revising the introductory text and listings to use the term “growth failure” for the body systems with growth listings which includes impairment of linear and weight growth.

In addition to substantive comments, interested parties are invited to comment on how to make the proposed rules easier to understand.
For example:

  • Would more, but shorter, sections be better?
  • Are the requirements in the rules clearly stated?
  • Is the material organized to suit your needs?
  • Could clarity be improved by adding tables, lists, or diagrams?
  • What else could be done to make the rules easier to understand?
  • Do the rules contain technical language or jargon that is not clear?
  • Would a different format make the rules easier to understand, e.g., grouping and order of sections, use of headings, paragraphing?

Comments must be received no later than July 22, 2013.  Comments should refer to Docket No. SSA-2011-0081 and may be submitted by any one of the following three methods:

  1. Internet: Strongly recommended.  Please visit the Federal eRulemaking portal at Use the Search function to find docket number SSA-2011-0081.
  2. Fax: Fax comments to (410) 966-2830.
  3. Mail: Address your comments to the Office of Regulations and Reports Clearance, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.

This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation Notice and Comment blog in 2015.

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