Amendments to the quick disability determination process. Final rule

We are amending our regulations to extend the quick disability determination process (QDD), which is operating now in the Boston region, to all of the State disability determination services (DDSs). We also are removing from the QDD process the existing requirements that each State DDS maintain a separate QDD unit and that each case referred under QDD be adjudicated within 20 days. These actions stem from our continuing effort to improve our disability adjudication process.     

Recent developments in writing sequence determination

Two modifications of the Igoe-Reynolds lift technique for examination of line margins to determine the sequence of intersecting ball-point pen strokes are proposed. One for handwriting-typewriting intersections and the other extending the lift technique to ball-point pen writings of some age that are otherwise insensitive to the lift efforts.Attention is also directed to the increased usefulness of spectular light reflection examination resulting from changes in writing materials and instruments, particularly as applied to handwriting-typewriting sequence determination. An inexpensive, readily improvised vertical illuminator is described suitable for use with stereomicroscopes and cameras.     

Reinstatement of entitlement to disability benefits. Final rules

We are publishing final rules regarding the Reinstatement of Entitlement (Expedited Reinstatement) provision in section 112 of the Ticket to Work and Work Incentives Improvement Act of 1999. This provision allows former Social Security disability and Supplemental Security Income (SSI) disability or blindness beneficiaries, whose entitlement or eligibility had been terminated due to their work activity, to have their entitlement or eligibility reinstated in a timely fashion if they become unable to do substantial gainful work. These rules provide beneficiaries an additional incentive to return to work.     

Revised medical criteria for determination of disability, endocrine system and related criteria--SSA. Proposed rule

We are proposing to delete "Obesity," from the listing to adjudicate claims for disability under titles II and XVI of the Social Security Act (the Act) when we evaluate claims of individuals at step 3 of our sequential evaluation process. Current medical and vocational research demonstrates that, while many individuals with obesity are disabled, obesity, in and of itself, is not necessarily determinative of an individual's inability to engage in any gainful activity. Instead, individuals with obesity would have their cases reviewed under the listing for an affected body system(s) or, on a case-by-case basis, at the remaining steps of the sequential evaluation process.     

Continuing disability review failure to cooperate process. Final rules

We are amending our regulations to provide that we will suspend your disability benefits before we make a determination during a continuing disability review (CDR) under title II and title XVI of the Social Security Act (the Act) when you fail to comply with our request for necessary information. Should you remain non-compliant for a period of one year following your suspension, we will then terminate your disability benefits. Although our current title XVI regulations generally provide for the termination of payments after 12 months of suspension, we are amending our regulations by adding this policy to our title II regulations and by restating it in the title XVI CDR regulatory provisions.     

Medicare program; expedited determination procedures for provider service terminations. Final rule with comment period

This final rule with comment period responds to comments on one discrete aspect of the proposed rule published in the Federal Register on November 15, 2002. The portion of that proposed rule addressed here involves the expedited determination and reconsideration procedures available to beneficiaries when a provider informs them of a decision that Medicare coverage of their provider services is about to end.     

The use of melting point and refractive index determination to compare colourless polyester fibres

The incidence of polyesters encountered in forensic fibre examinations continues to increase. To meet different consumer needs such fibres can be subjected to many physical and chemical variations during production. Some of these variations are discussed. Accurate comparison of these fibres presents a particular problem to the forensic scientist. Melting point and refractive index determinations were made on various samples of colourless polyesters provided by different manufacturers to assess the comparative value of such information and to find out the possibility of relating it to modifications of the basic polymer. Melting points alone were found to be of little comparative value, but determination of both refractive indices n_∥ and n_⊥ does allow discrimination between samples. Consideration of both melting point and refractive index together may help to provide an insight into polymer variation, though this remains somewhat speculative.     

Technical revisions to medical criteria for determinations of disability. Final rules

These final rules make a number of technical revisions to the Listing of Impairments (the listings). We use the listings when you claim benefits based on disability under titles II and XVI of the Social Security Act (the Act). We are making these revisions to reflect advances in medical knowledge, treatment and terminology, to clarify certain criteria in the listings, to remove listings that we rarely use, and to add new listings consistent with current medical practice. We are making these individual technical revisions in order to improve our medical listings and make them easier to understand and use.     

Analytical procedures for determination of opiates in hair: a review

This article reviews the analysis of opiates in hair. Hair matrix pretreatment, hydrolysis, extraction and detection procedures are presented amongst a study of over 70 bibliographic data. In addition, a new method for the extraction of opiates from hair, in which a powdered sample of hair is extracted directly by subcritical fluid, is presented.     

Health insurance reform: modifications to electronic data transaction standards and code sets. Final rule

In this final rule, we respond to public comments received and finalize provisions applicable to electronic data transaction standards from two related proposed rules published in the May 31, 2002, Federal Register. We are also adopting proposed modifications to implementation specifications for health care entities and others. In addition, we are adopting modifications to implementation specifications for several electronic transaction standards that were omitted from the May 31, 2002, proposed rules.     

Accessibility to infrastructure and disability rights in Nigeria: an analysis of the potential of the discrimination against persons with disability (prohibition) act 2018

A viable way to establish a sense of inclusion for the physically challenged in Nigeria like elsewhere is to provide a sustainable infrastructural plan that integrates the utility concerns of the disabled. Overcoming the difficulties faced by people with disabilities requires interventions to remove environmental and social barriers. This paper examines the right of persons with disability to public vehicular and infrastructural use. It focuses on the recently enacted Discrimination against Persons with Disability (Prohibition) Act, 2018 as well as other international human rights instruments from which Nigeria derives her international obligations. It is observed that the Nigerian society is still unfriendly to the disabled as public infrastructure is constructed without considerations for the disabled.     

Amendments to procedures for certain determinations and decisions. Final rules

We are revising the procedures for how claimants who receive fully favorable revised determinations based on prehearing case reviews or fully favorable attorney advisor decisions may seek further review. We are also revising our procedure to provide that we will notify claimants who receive partially favorable determinations based on prehearing case reviews that an administrative law judge (ALJ) will still hold a hearing unless all parties to the hearing tell us in writing that we should dismiss the hearing request. These changes will simplify our administrative review process and free up scarce administrative resources that we can better use to reduce the hearings-level case backlog.     

Report of the European Network of Forensic Science Institutes (ENSFI): formulation and testing of principles to evaluate STR multiplexes

This paper describes a collaborative exercise organised under the auspices of the European Network of Forensic Science Institutes (ENFSI). The purpose of this EU (European Union) funded group is to carry out research to enable STR loci to be compared between European laboratories, ultimately leading to the formation of a pan-European database. Accordingly, an exercise was designed to evaluate a prototype STR multiplex system manufactured by Applied Biosystems (ABD). Each laboratory was sent 12 samples to analyse along with a multiplex kit. Of specific interest was the definition of parameters to define the efficiency of the system. Stutter, split allelic peaks (differing by one base), pull-up, heterozygous balance and between locus balance were all objectively measured. Once the important parameters are defined it is possible to directly compare performances of different multiplexes and the different laboratories carrying out the tests. Since the multiplex used was a prototype system, this exercise cannot be regarded as a proficiency test.     

Catching the Bad Guy: Morphing Composite Faces Helps

Composite faces built by eyewitnesses commonly are poor likenesses of the target face. When there are multiple witnesses, however, an opportunity exists to morph the composites. Morphs were rated as more similar to the target face than were the mean ratings of the individual composites. However, as hypothesized, the morph also came to resemble non-target faces more than the individual composites did (a prototype effect). This prototype effect was so strong that the morphs resembled non-targets more than the individual composites resembled the targets. In addition, morphing composites produced an attractiveness bias, which made the morphing of composites less effective for less attractive targets. Even when the prototype effect and the attractiveness bias were controlled for, however, a true morph-superiority effect continued to exist. The author won the Psi Chi/APS Albert Bandura Graduate Research Award in 2005--2006 for this study.     

Medicare program; improvement to the Medicare+Choice appeal and grievance procedures. Final rule with comment period

This final rule with comment period responds to comments on the January 24, 2001, proposed rule regarding improvements to the Medicare+Choice (M+C) appeal and grievance procedures. It establishes new notice and appeal procedures for enrollees when an M+C organization decides to terminate coverage of provider services. The January 24, 2001 proposed rule was published as a required element of an agreement entered into between the parties in Grijalva v. Shalala, civ. 93-711 (U.S.D.C. Az.), to settle a class action lawsuit. This rule also specifies a Medicare-participating hospital's responsibility for issuing discharge or termination notices under both the original Medicare and M+C programs, amends the Medicare provider agreement regulations with regard to beneficiary notification requirements, and amends M+C enrollee grievance procedures.     

Stigma as a barrier to employment: mental disability and the Americans with Disabilities Act

In a controversial expansion of workplace civil rights, the 1990 Americans with Disability Act (ADA) extended anti-discrimination protection to individuals with "mental impairments." One of the most critical barriers to the employment of individuals with mental disabilities is the degree of social stigma such disabilities incur, and there is compelling evidence that employers have stigmatizing attitudes and have discriminated against those with mental disabilities. This study examines the role played by stigma in employers' response to the 1990 Americans with Disability Act (ADA). A stratified sample of one hundred ninety employers were surveyed in 1996-1997 in a major Southern metropolitan area. Telephone interviews were completed with one hundred seventeen employers (response rate of 61.6%). The article describes employers' experiences with employees with mental disabilities and accommodations, specific employment practices, and attitudes towards those with mental disabilities. Stigma played an important role in conformity to the ADA (operationalized as either hiring or having specific recruiting policies for hiring individuals with mental disabilities). Furthermore, employers expressing coercive (fear of a lawsuit) as opposed to normative (belief that it is the right thing to do) rationales for compliance were more likely to hold stigmatized attitudes. Employers' beliefs about mental disability form a crucial foundation for truly supportive work environments (those that value difference and diversity), and further research is needed to determine if over time the ADA is successful in changing attitudes as well as behavior.     

Heckler v. Campbell and the grid: are disability claimants entitled to examples of suitable jobs?

The Social Security Administration promulgated the medical-vocational guidelines (the grid) in 1978 in order to improve consistency and efficiency in disability claim adjudications. The grid takes administrative notice of the availability of jobs suited to claimants' capabilities, eliminating the need to make such a determination on a case-by-case basis. In Heckler v. Campbell, the Supreme Court held that the grid is valid and that the Secretary of Health and Human Services cannot be required to give specific examples of jobs available in the national economy. In so doing, the Court reversed the Second Circuit, which had required the Secretary to give claimants examples of jobs suited to their individual characteristics to assure them adequate notice of the issues involved in their hearings. This Case Comment contends that the Supreme Court misperceived the Second Circuit's purpose in requiring the Secretary to provide specific examples of available jobs. Nonetheless, the Comment argues that the Supreme Court decision does not foreclose requiring such examples to assure adequate notice and to aid in resolving adjudicative factual issues. This Comment concludes that such a requirement would improve the efficiency, accuracy and consistency of Social Security disability determinations.     

Racial variation in the sternal extremity of the rib and its effect on age determination

Most research on the aging process in the skeleton has not considered or elaborated differences that may exist between the races. Thus, techniques developed for the estimation of age assume that the racial background of the standards is compatible with the specimens to be assessed. However, racial differences in areas such as skeletal growth and bone density have been reported, along with specific variations in the aging process, in the ribs of disparate populations. The present investigation examines metamorphosis in the sternal ribs of American blacks (N = 53 males, N = 20 females), and tests the application of age estimation standards developed by the authors from a white population. All specimens were obtained from medical examiner's cases of known age, sex, and race. Although the sample was limited in both quantity and age range, analysis of the data revealed racial differences in both rate and pattern of metamorphosis. Statistical analysis showed that the calculated mean age per phase for black ribs was nearly identical to whites in Phases 1 through 4 or until the mean age of 28 years. By the early 30s, differences in morphology and their chronological association with the aging process became apparent and increased with age in both sexes. Blacks were consistently overaged from 3 to 10 years in Phases 5 through 7. Therefore, it was concluded that biological differences between these populations do exist and can affect age estimation from the rib. Social factors may also be involved, but they cannot be demonstrated from the available data. While the degree of interracial variation does not require completely new standards, the authors have suggested specific modifications of the white standards for use on black specimens.