in effect
This is a final rule issued by the Social Security Administration, labeled a “technical amendment.” It directs a wording change to the agency’s disability regulations to comply with Executive Order 14168, which requires federal agencies to use the term “sex” instead of “gender.” Because the agency treats it as a non-substantive change, it was issued without the usual public notice-and-comment period.
Everywhere the word “gender” appears in the Listing of Impairments (Appendix 1 to Subpart P of 20 CFR Part 404), it is replaced with the word “sex.” The agency identifies the affected spots as certain respiratory-disorder criteria (listings 3.02A, 3.02B, 3.02C, 3.03A, 3.04A, 103.02A, 103.02B, 103.04A) and the introductory text for several body systems (such as 3.00E3, 5.00F2, 6.00B2, and others). The rule was published April 2, 2026, and takes effect May 4, 2026. The agency states this is only a terminology swap and makes no substantive change to the regulations, policies, or procedures. It also states there is no expected effect on program costs, benefit amounts, or eligibility.
The change applies to the rules used to evaluate disability claims under Social Security’s Title II (Disability Insurance) and Title XVI (Supplemental Security Income) programs, affecting both adults and children whose impairments are assessed against these listings. Because the agency describes the edit as wording-only with no change to how claims are decided, it reports no expected practical effect on applicants, benefits, states, or small businesses.