PURPOSE: This rule prescribes standards for implementation of the Disability Determinations Program as contained in the Code of Federal Regulations, Title 20, Chapter III, part 404, subparts J, P and Q and part 416, subparts I, J and N.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) The disability program under the Social Security Act is administered in states under rules contained in Title 20, Chapter III, of the Code of Federal Regulations. Two (2) parts of the Code concern the Disability Determinations Program.

   1. (A) Part 404, subparts J, P, and Q, pertains to the disability insurance benefits under Title II of the Social Security Act. It includes the pertinent regulations regarding the administration of this program and the criteria for determining eligibility for these benefits. It has an appendix, containing a detailed listing of impairments, which is used to determine medical eligibility for disability benefits.
   2. (B) Part 416, subparts I, J, and N pertains to the Supplemental Security Income disability benefits under Title XVI of the Social Security Act. It includes the pertinent regulations regarding the administration of this program and the criteria for determining eligibility for these benefits.
2. (2) 20 CFR part 404, subparts J, P, and Q, and 20 CFR, part 416, subparts I, J, and N, which are incorporated by reference and made a part of this rule as published in January 2023 by the Office of Federal Register, Office of Administration, are available by contacting the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, and are also available on the department’s website at https://dese.mo.gov/ governmental-affairs/dese-administrative-rules/incorporatedreference-materials. This rule does not incorporate any subsequent amendments or additions.

AUTHORITY: section 161.092, RSMo 2016.* This rule previously filed as 5 CSR 90-50.010. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed April 24, 1979, effective Aug. 13, 1979. Amended: Filed Jan. 9, 1981, effective April 13, 1981. Amended: Filed April 28, 1994, effective Oct. 30, 1994. Moved to 5 CSR 20- 500.300, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2023, effective Aug. 30, 2023.

*Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014. Op. Atty. Gen. No. 96, Wheeler (6-15-55). Section 178.430, RSMo (1969) authorizes State Board of Education to formulate and execute plan of agreement in carrying out provisions of federal Social Security Act in making determination of disability under Title II thereof. State Board has authority to designate Vocational Rehabilitation Section to administer the plan.