SOCIAL SECURITY ADMINISTRATION (SSA)

3922. REVISED MEDICAL CRITERIA FOR EVALUATING HEMATOLOGIC DISORDERS AND MALIGNANT NEOPLASTIC DISEASES (399P)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 101-508, sec 5106; PL 103-296, sec 321(f)3 to (f)5; PL 106-170, sec 406

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1703; 20 CFR 416.1525; 20 CFR 404.1713; 20 CFR 404.1720; 20 CFR 404.1715 to 404.1717; 20 CFR 404.1725; 20 CFR 416.1503; 20 CFR 416.1513; 20 CFR 416.1520; 20 CFR 416.1515 to 416.1517

Legal Deadline:

None

Abstract:

We propose to amend the regulations to provide rules about authorization, direct payment, and administrative review of fees for representation based on fee agreements between claimants and their representatives; revise our rules about authorization, direct payment and administrative review of fees for representation based on fee petitions; and provide rules about assessment on attorneys who receive direct payment of authorized fees from withheld title II past-due benefits. The proposed rules reflect provisions of section 406 of the Ticket to Work and Work Incentives Improvement Act of 1999, Public Law 106-170; sections 321(f)(3) to (f)(5) of the Social Security Independence and Program Improvements Act of 1994, Public Law 103-296; and section 5106 of the Omnibus Budget Reconciliation Act of 1990, Public Law 101-508.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Lawrence V. Dudar, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5995

RIN:

0960-AD23

Priority:

Substantive, Nonsignificant

Legal Authority:

3923. MODIFICATION OF PRIVATE PRINTING AND PRESCRIBED APPLICATIONS AND OTHER FORMS (530P)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1500, app 1

Legal Deadline:

None

Abstract:

Sections 7.00 and 107.00 (hemic and lymphatic system), and 13.00 and 113.00 (malignant neoplastic diseases) of appendix 1 to subpart P of part 404 of our regulations (404.1501 through 404.1599) describe those impairments that are considered severe enough to prevent a person from doing any gainful activity, or for a child claiming SSI payments under title XVI, that causes marked and severe functional limitations. We are proposing revisions to these sections to ensure that the medical evaluation criteria are up-to-date and consistent with the latest advances in medical knowledge and treatment. The Supplemental Security Income Program incorporates and uses the same medical criteria as the Old-Age, Survivors, and Disability Insurance Program.

Timetable:

Action Date FR Cite

NPRM 04/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Michelle Hungerman, Social Insurance Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-2289
Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AD67

3924. SUPPLEMENTAL SECURITY INCOME; PLANS FOR ACHIEVING SELF-SUPPORT (506P)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 103-296, sec 312

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 422.527

Legal Deadline:

None

Abstract:

This regulation will implement section 312 of Public Law 103-296, which expands prohibitions on the use of certain letters and symbols and also the reproduction for a fee of forms and publications of SSA and HHS.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AE15

3925. FEDERAL SALARY OFFSET (WITHHOLDING A PORTION OF A FEDERAL EMPLOYEE'S SALARY TO COLLECT A DELINQUENT DEBT OWED TO THE SOCIAL SECURITY ADMINISTRATION) (721P)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 103-296, sec 203; 42 USC 1383b(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 416.1180; 20 CFR 416.1181; 20 CFR 416.1182; 20 CFR 416.1224; 20 CFR 416.1225; 20 CFR 416.1226

Legal Deadline:

None

Abstract:

These proposed regulations will revise our rules on plans to achieve self-support (PASS) to take into account the time period an individual will need for completion of his or her PASS and other factors determined to be appropriate.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Lawrence V. Dudar, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5995

RIN:

0960-AE17

3926. PRIVATE COLLECTION AGENCIES (USING PRIVATE COLLECTION AGENCIES TO HELP SSA COLLECT DELINQUENT TITLE II AND TITLE XVI DEBTS OWED BY FORMER BENEFICIARIES) (722P)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 404; 42 USC 405; 42 USC 902; 42 USC 1383; 5 USC 5514

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 422

Legal Deadline:

None

Abstract:

This initiative will enable the Social Security Administration (SSA) to collect from Federal salaries qualifying, delinquent title II and title XVI debts owed by former beneficiaries who are currently Federal employees. The debt collection will be accomplished by the partial reduction of the employee's disposable salary.

Timetable:

Action Date FR Cite

NPRM 09/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

Federal

Agency Contact:

Edward Johns, Financial Management Analyst, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-0392
Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AE89

3927. CHARGING INTEREST (CHARGING INTEREST ON DELINQUENT DEBTS) (723P)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 404; 42 USC 405; 42 USC 902; 42 USC 1383(b); 31 USC 3718

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 422

Legal Deadline:

None

Abstract:

This initiative will enable the Social Security Administration (SSA) to refer delinquent title II and title XVI debts owed by former beneficiaries to private collection agencies for further debt collection efforts.

Timetable:

Action Date FR Cite

NPRM 09/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

Federal

Agency Contact:

RIN:

0960-AE90

3928. ADMINISTRATIVE WAGE GARNISHMENT (TO REPAY A DEBT OWED TO THE SOCIAL SECURITY ADMINISTRATION) (724P)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 404; 42 USC 405; 42 USC 902; 42 USC 1383(b); 31 USC 3717

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 422

Legal Deadline:

None

Abstract:

Under this initiative, the Social Security Administration (SSA) will charge interest and penalties on qualifying, delinquent title II debts and title XVI owed by former beneficiaries.

Timetable:

Action Date FR Cite

NPRM 09/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

Federal

Agency Contact:

RIN:

0960-AE91

3929. WORK ACTIVITY STANDARD AS A BASIS FOR REVIEW OF AN INDIVIDUAL'S DISABLED STATUS (TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999) (725P)

Priority:

Substantive, Nonsignificant

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 405; 42 USC 902; 42 USC 1383; 31 USC 3720D

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 422

Legal Deadline:

None

Abstract:

This initiative will enable the Social Security Administration (SSA) to collect qualifying, delinquent titles II and XVI debts owed by former beneficiaries who are now employed (as other than Federal employees). Administrative wage garnishment allows SSA to order an employer to deduct a percentage of the disposable pay earned by the worker/debtor, and to send that amount to SSA as payment toward satisfying the delinquent debt. Administrative wage garnishment does not require a court judgment to impose the withholding order.

Timetable:

Action Date FR Cite

NPRM 05/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

State, Local, Tribal, Federal

Agency Contact:

RIN:

0960-AE92

3930. EXPEDITED REINSTATEMENT OF DISABILITY BENEFITS (TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT) (790P)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 421

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1590

Legal Deadline:

NPRM, Statutory, January 1, 2002, Section 111 of Public Law 106-170, effective January 1, 2002.

Abstract:

One of SSA's most important initiatives is to assure that Social Security (SSDI) and Supplemental Security Income (SSI) beneficiaries with disabilities who want to work have the opportunity to do so. Individuals with disabilities face multiple barriers in attempting to return to work. Section 111 of Public Law 106-170 provides a new statutory work incentive by eliminating the scheduling of continuing disability medical reviews solely because of an SSDI beneficiary's work activity, once the beneficiary has been entitled to SSDI benefits for 24 months. (Such beneficiaries will continue to be subject to regularly scheduled continuing disability reviews, work investigations, and benefit termination due to earnings from work activity at the level of substantial gainful activity.)

Timetable:

Action Date FR Cite

NPRM 09/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Geoffrey Funk, Social Insurance Specialist, Social Security Administration, Office of Employment Support Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9010
Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AE93

3931. SOCIAL SECURITY COVERAGE OF EMPLOYMENT FOR RESIDENTS OF THE NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, AND GUAM (792P)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 423

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

Not Yet Determined

Legal Deadline:

NPRM, Statutory, January 1, 2001, Section 112 of Public Law 106-170, effective January 1, 2001.

Abstract:

One of SSA's most important initiatives is to assure that Social Security (SSDI) and Supplemental Security Income (SSI) beneficiaries with disabilities who want to work have the opportunity to do so. Individuals with disabilities face multiple barriers in attempting to return to work. Section 112 of Public Law 106-170 provides a new statutory work incentive by providing for expedited reinstatement of SSDI and SSI benefits terminated due to work activity, when the former beneficiary requests reinstatement within 60 months because his or her disability prevents work activity. Section 112 also provides for payment of provisional benefits up to six months until SSA makes a determination on the requester's entitlement to reinstated benefits.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

0960-AF21

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

Not Yet Determined

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1004(8); 20 CFR 404.1004(9); 20 CFR 404.1022(a); 20 CFR 404.1022(c)

Legal Deadline:

None

Abstract:

These proposed rules will amend our regulations to include the Commonwealth of the Northern Mariana Islands in the definition of United States under title II. These revisions will also include coverage of employment for workers in the Commonwealth of the Northern Mariana Islands as well as workers in American Samoa or Guam.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121
Dianne Freelump, Social Insurance Specialist, Social Security Administration, Office of Program Benefits, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9812

RIN:

0960-AF23

3932. $30 PRIVATE INSURANCE (794P)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 1382(e)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 416.201; 20 CFR 416.211; 20 CFR 416.212; 20 CFR 416.414; 20 CFR 416.1149; 20 CFR 416.1165; 20 CFR 416.1167; 20 CFR 416.1202

Legal Deadline:

None

Abstract:

These proposed rules make technical and conforming updates to title XVI based on section 5522(c) of the Balanced Budget Act of 1997 (Pub. L. 105-33). Section 5522(c) eliminated obsolete terminology in section 1611(e)(1) of the SSACT that specified particular kinds of medical facilities where the $30 reduced benefit rate could apply. Section 5522(c) also amended section 1611(e)(1)(G) of the SSACT to extend applicability of temporary institutionalization benefits to children who enter private medical treatment facilities and who otherwise would be subject to a reduced benefit because of private insurance coverage.

Timetable:

Action Date FR Cite

NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

Undetermined

Federalism:

Undetermined

Agency Contact:

Karen E. Kerwath, Social Insurance Specialist, Social Security Administration, Office of Program Benefits, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9835
Lawrence V. Dudar, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5995

RIN:

0960-AF25

3933. DIGESTIVE SYSTEM LISTING (800P)

Priority:

Substantive, Nonsignificant

Legal Authority:

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404, subpart P, app 1

Legal Deadline:

None

Abstract:

We are proposing to revise the criteria in the Listing of Impairments (the Listings) that we use to evaluate claims involving digestive impairments. We apply these criteria at step three of our sequential evaluation processes to adults and children who claim Social Security or Supplemental Security Income (SSI) benefits based on disability under title II and title XVI of the Social Security Act (the Act). The proposed revisions reflect advances in medical knowledge, treatment, and methods of evaluating digestive impairments. We also propose to remove listings that are redundant and serve only to refer to other listings.

Timetable:

Action Date FR Cite

NPRM 04/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Cheryl Worbel, Policy Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9108
Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AF28

3934. SKIN MEDICAL LISTING (801P)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

3935. MULTIPLE BODY SYSTEMS LISTINGS (803P)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404, subpart P, app 1

Legal Deadline:

None

Abstract:

We are proposing to revise the criteria in the Listing of Impairments (the Listings) for the Skin Medical Listing.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

0960-AF29

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Legal Authority:

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404

Legal Deadline:

None

Abstract:

We propose to revise the criteria in the Listing of Impairments (the Listings) for evaluating Multiple Body Systems.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Victoria Dorf, Social Insurance Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9245
Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AF32

3936. IMMUNE SYSTEM LISTINGS (804P)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Legal Authority:

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404

Legal Deadline:

None

Abstract:

We propose to revise the criteria in the Listing of Impairments (the Listings) for evaluating the Immune System.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

0960-AF33

3937. SPECIAL SENSES (805P)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404, subpart P, app 1

Legal Deadline:

None

Abstract:

We propose to revise the criteria in the Listing of Impairments (the Listings) for Special Senses.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Fran O. Thomas, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-9822

RIN:

0960-AF34

3938. NEUROLOGICAL LISTINGS (806P)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

3939. BURDEN OF PROOF AT STEP 5 OF SEQUENTIAL EVALUATION (808P)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404, subpart P, app 1

Legal Deadline:

None

Abstract:

We propose to revise the criteria in the Listing of Impairments (the Listings) for Neurological Listings.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

Undetermined

Federalism:

Undetermined

Agency Contact:

Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AF35

3940. WAGE REPORTS AND PENSION INFORMATION (809P)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

Not Yet Determined

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

Not Yet Determined

Legal Deadline:

None

Abstract:

This proposed rule will take a look at step 5 of Sequential Evaluation.

Timetable:

Action Date FR Cite

NPRM 04/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

Undetermined

Federalism:

Undetermined

Agency Contact:

Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AF37

3941. EXTENSION OF DISABILITY INSURANCE PROGRAM DEMONSTRATION PROJECT AUTHORITY (TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT) (789P)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Legal Authority:

42 USC 405; 42 USC 432; 42 USC 902(a)(5)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 422.114

Legal Deadline:

None

Abstract:

The Social Security Administration (SSA) proposes to amend its rules on processing reports of wages submitted annually by employers. We propose to amend this rule to reflect the threshold now in use for accepting wage reports with unidentified or incorrectly identified wage items. The rule is intended to ensure that wages are reported to SSA with accurate information so that earnings can be properly credited to the employee's Social Security record.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

None

Agency Contact:

Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AF38

3942. ACCESS TO INFORMATION HELD BY FINANCIAL INSTITUTIONS (815P)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 434

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1599

Legal Deadline:

None

Abstract:

One of SSA's most important initiatives is to assure that Social Security (SSDI) and Supplemental Security Income (SSI) beneficiaries with disabilities who want to work have the opportunity to do so. Section 301 of Public Law 106-170 extends to the Commissioner of Social Security the authority to develop and carry out experiments and demonstration projects designed to determine the relative advantages and disadvantages of various alternative methods of treating the work activity of individuals entitled to disability insurance benefits.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

Undetermined

Federalism:

Undetermined

Agency Contact:

RIN:

0960-AF41

3943. REVISED MEDICAL CRITERIA FOR DETERMINATION OF DISABILITY, CARDIOVASCULAR SYSTEM AND RELATED CRITERIA (826P)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 1383(e); PL 106-169, sec 213

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 416.200; 20 CFR 416.206 to 416.208; 20 CFR 416.217

Legal Deadline:

None

Abstract:

We propose to implement a new law that will enhance our access to bank account information of Supplemental Security Income (SSI) applicants or recipients and other individuals whose income and resources we treat as belonging to the applicant or recipient.

Timetable:

Action Date FR Cite

NPRM 04/00/01
Final Action 06/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

None

Federalism:

Undetermined

Agency Contact:

Kathy Branch, Social Insurance Specialist, Social Security Administration, Office of Program Benefits, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-8766
Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AF43

3944. REPRESENTATIVE PAYMENT UNDER TITLE II AND XVI OF THE SOCIAL SECURITY ACT (827P)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 405; 42 USC 1302; 42 USC 1383

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1500, app 1

Legal Deadline:

None

Abstract:

Listings 4.00 and 104.00 of appendix 1 to the disability regulation at 20 CFR 404.1501 through 404.1599 describe those cardiovascular impairments that are considered severe enough to prevent a person from doing any gainful activity or, for a child claiming SSI payments under title XVI, that causes marked and severe functional limitations. Comprehensive revisions to these listings are being made to ensure that the medical evaluation criteria are up to date and consistent with the latest advances in medicine. The SSI program incorporates by reference and uses the same medical criteria as the old-age, survivors, and disability insurance program.

Timetable:

Action Date FR Cite

NPRM 06/00/01
Final Action 09/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

None

Federalism:

Undetermined

Agency Contact:

Bonnie Davis, Social Insurance Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-4172
Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AF48

3945. MUSCULOSKELETAL SYSTEM AND RELATED CRITERIA (143F)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 401(j); 42 USC 902(a)(5); 42 USC 405 note; 42 USC 421 note; 42 USC 1383(a)(2); 42 USC 1383(d)(1); 42 USC 404(f); 42 USC 405(a); 42 USC 405(b); 42 USC 405(d) to 405(h); 42 USC 405(j); 42 USC 405(k); 42 USC 421; 42 USC 425

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.902; 20 CFR 404.2011; 20 CFR 404.2022; 20 CFR 404.2024; 20 CFR 404.2025; 20 CFR 404.2030; 20 CFR 404.2041; 20 CFR 404.2050; 20 CFR 416.611; 20 CFR 416.622; 20 CFR 416.624; 20 CFR 416.625; 20 CFR 416.630

Legal Deadline:

None

Abstract:

Effective stewardship of SSA programs requires mechanisms to assure that benefits are used to meet the needs of beneficiaries who are not able to manage their own benefits due to legal incompetence or medical infirmity. Congress determined that improvements to the representative payment procedures were needed to assure program integrity. These regulations are required to further our program integrity efforts.

Timetable:

Action Date FR Cite

NPRM 06/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

None

Federalism:

Undetermined

Agency Contact:

Betsy Byrd, Program Policy Specialist, Social Security Administration, Office of Program Benefits, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7981
Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AF49

SOCIAL SECURITY ADMINISTRATION (SSA)

Final Rule Stage

3946. OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS; REPLACING SOCIAL SECURITY NUMBER CARDS (543F)

Priority:

Other Significant

Legal Authority:

42 USC 902(a)(5); 42 USC 405; 42 USC 1383

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1500, app 1

Legal Deadline:

None

Abstract:

Listings 1.00 and 101.00 of appendix 1 to subpart P of part 404 of our regulations describe those musculoskeletal impairments that are considered severe enough to prevent a person from doing any gainful activity or, for a child claiming SSI payments under title XVI, that causes marked and severe functional limitations. Comprehensive revisions to these listings are being made to ensure that the medical evaluation criteria are up to date and consistent with the latest advances in medicine. The SSI program incorporates by reference and uses the same medical criteria as the old-age, survivors, and disability insurance program.

Timetable:

Action Date FR Cite

NPRM 12/21/93 58 FR 67574

NPRM Comment Period End 02/22/94
Final Action 06/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

RIN:

0960-AB01

3947. FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE; DETERMINING DISABILITY AND BLINDNESS; REVISION TO MEDICAL-VOCATIONAL GUIDELINES (599F)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 405

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 422.103

Legal Deadline:

None

Abstract:

These final rules will support our pilot test for replacing Social Security number cards when we receive a request by telephone. We tested replacing the card based on information furnished by telephone, without requiring additional documentation. SSA is now evaluating the results of that test.

Timetable:

Action Date FR Cite

Interim Final Rule 06/22/95 60 FR 32444

Interim Final Rule Comment Period End 08/21/95
Final Action 12/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Daniel T. Bridgewater, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-3298

RIN:

0960-AE18

3948. OASDI AND SSI; EXPANSION OF THE USE OF VIDEO TELECONFERENCE TECHNOLOGY IN HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES OF THE SOCIAL SECURITY ADMINISTRATION (737F)

Priority:

Other Significant

Legal Authority:

42 USC 423; 42 USC 405(a); 42 USC 902(a)(5)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1500, app 2

Legal Deadline:

None

Abstract:

This rule will make clarifications to the Social Security Medical-Vocational guidelines used to evaluate disability in individuals under age 50, who have severe impairments that do not meet or equal the criteria of any listed impairment, but have a residual functional capacity for no more than the full range of sedentary work. The guidelines are contained in appendix 2 of subpart P of 20 CFR 404.

Timetable:

Action Date FR Cite

NPRM 09/23/97 62 FR 49636

NPRM Comment Period End 11/24/97
Final Action 04/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

Federal

Agency Contact:

Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AE42

3949. REVISED MEDICAL CRITERIA FOR DETERMINATION OF DISABILITY, APPENDIX 1 TO SUBPART P—LISTING OF IMPAIRMENTS (740F)

Priority:

Other Significant

Legal Authority:

42 USC 205(a); 42 USC 205(b); 42 USC 902(a)(5); 42 USC 1383

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.929; 20 CFR 404.936(b); 20 CFR 404.936(c); 20 CFR 404.936(d)(8)(New); 20 CFR 404.938; 20 CFR 416.1429; 20 CFR 416.1436(b); 20 CFR 416.1436(c); 20 CFR 416.1436(d)(8)(New); 20 CFR 416.1438

Legal Deadline:

None

Abstract:

We are amending our regulations to permit us to conduct hearings before an administrative law judge (ALJ) by video teleconference (VTC). We also will add new sections to the regulations that will state the conditions for an ALJ to find good cause to change the time and place of a hearing if we schedule a VTC hearing, and the individual tells us he/she does not want a VTC hearing.

Timetable:

Action Date FR Cite

NPRM 01/05/01 66 FR 1059

Comment Period End 03/06/01
Final Action 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AE97

Priority:

Substantive, Nonsignificant

Legal Authority:

3950. TICKET TO WORK AND SELF-SUFFICIENCY PROGRAM (TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999) (767F)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404 subpart P, app 1

Legal Deadline:

None

Abstract:

These regulations will make a certain number of discrete revisions to the Listing of Impairments, appendix 1 to subpart P, of part 404 of our regulations. We are making these changes in order to reflect advances in medical practices, to clarify certain listing criteria, to remove a few rarely-used listings, and to add new listings to address current medical practices such as organ transplantation. Also we will remove some technical references, which have become obsolete, and reword some listings to update medical terminology. We use these listings to adjudicate claims for disability under titles II and XVI of the Social Security Act when we evaluate claims of individuals at step three of our sequential evaluation process.

Timetable:

Action Date FR Cite

NPRM 02/11/00 65 FR 6929

NPRM Comment Period End 04/11/00
Final Action 04/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

Undetermined

Agency Contact:

Carolyn Kiefer, Social Insurance Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9104
Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AE99

3951. TITLE XVI, CROSS-PROGRAM RECOVERY (746F)

Priority:

Economically Significant. Major under 5 USC 801.

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 902(a)(5); 42 USC 1320b-19; PL 106-170, sec 101

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.316; 20 CFR 404.337; 20 CFR 404.352; 20 CFR 404.401; 20 CFR 404.902; 20 CFR 404.1586; 20 CFR 404.1590; 20 CFR 404.1596; 20 CFR 404.1597; 20 CFR 404.2101; 20 CFR 416.101; 20 CFR 416.213; 20 CFR 416.708; 20 CFR 416.990; 20 CFR 416.1321; 20 CFR 416.1328; 20 CFR 416.1331; 20 CFR 416.1338; 20 CFR 416.1402; 20 CFR 416.1701 to 416.1715; 20 CFR 416.2040; 20 CFR 416.2201

Legal Deadline:

Final, Statutory, December 17, 2000, One year after the date of enactment of Public Law 106-170.
Sec. 1148(l) of the Social Security Act (42 USC 1320b-19(1), as added by sec. 101(a) of PL 106-170, requires SSA to prescribe regulations to carry out the Ticket to Work and Self-Sufficiency Program.

Abstract:

These regulations will implement the Ticket to Work and Self-Sufficiency Program under section 1148 of the Act, as added by section 101(a) of Public Law 106-170. They also will carry out provisions of sections 101(d) and (e) of Public Law 106-170 relating to the implementation of that program and section 101(b) providing conforming amendments to the Act. One of SSA's most important initiatives is to assure that Social Security (SSDI) and Supplemental Security Income (SSI) beneficiaries with disabilities who want to work have the opportunity to do so. Individuals with disabilities face multiple barriers in attempting to return to work. The Ticket to Work and Self-Sufficiency Program, under section 1148 of the Act, removes such barriers by providing beneficiaries with disabilities with the opportunity to obtain rehabilitation, employment and support services from an approved vocational rehabilitation provider of their choice.

Timetable:

Action Date FR Cite

NPRM 12/28/00 65 FR 82843

NPRM Comment Period End 02/26/01
Final Action 04/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

State

Agency Contact:

Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769
Geoffrey Funk, Social Insurance Specialist, Social Security Administration, Office of Employment Support Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9010

RIN:

0960-AF11

3952. COST OF LIVING INCREASES IN PRIMARY INSURANCE AMOUNTS (759F)

Priority:

Other Significant

Legal Authority:

42 USC 1320b-17

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.401; 20 CFR 416.558; 20 CFR 416.570; 20 CFR 416.572

Legal Deadline:

None

Abstract:

These final regulations deal with the recovery of overpayments under the Supplemental Security Income (SSI) Program. They will permit SSA to recover SSI overpayments by adjusting the amount of Social Security benefits payable to the individual under title II of the Act. This collection practice will be limited to individuals who are not currently eligible to receive an SSI cash benefit. Also, the amount of the title XVI overpayment recoverable in a month would be limited to 10 percent of the amount payable under title II, unless the overpaid person (or his or her spouse) willfully misrepresented or concealed material information about the overpayment. In that case, the entire title II benefit amount would be adjusted to recover the overpayment.

Timetable:

Action Date FR Cite

NPRM 10/03/00 65 FR 58970

Comment Period End 12/04/00
Final Action 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

0960-AF13

3953. ADMINISTRATIVE REVIEW PROCESS; PREHEARING AND POSTHEARING CONFERENCES (778F)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 402(a); 42 USC 405(a); 42 USC 415; 42 USC 902(a)(5)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.273 to 404.275

Legal Deadline:

None

Abstract:

This final rule revises our rules dealing with automatic cost-of-living increases to primary insurance amounts under title II of the Social Security Act. The revisions eliminate the restriction that we could only grant cost-of-living increases based on rises in the Consumer Price Index (CPI) or the Average Wage Index (AWI) if either the CPI or AWI increased by 3 percent or more during the prescribed measuring period. The 3 percent restriction was removed by legislation enacted in 1986.

Timetable:

Action Date FR Cite

Final Action 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Jeff Kunkel, Actuary, Social Security Administration, Office of the Actuary, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-3013
Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AF14

Priority:

Substantive, Nonsignificant

Legal Authority:

3954. MEDICAL EQUIVALENCE FOR ADULTS AND CHILDREN (787I)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.961; 20 CFR 416.1461

Legal Deadline:

None

Abstract:

These final rules will amend our regulations that authorize an administrative law judge (ALJ) to hold a prehearing or posthearing conference to specify that certain attorney advisors in our Office of Hearings and Appeals (OHA) may hold formal prehearing or posthearing conferences when requested by an ALJ. We will also amend these regulations to include procedures to govern the informal developmental conferences that we may hold with claimants or their representatives.

Timetable:

Action Date FR Cite

NPRM 06/22/00 65 FR 38796

NPRM Comment Period End 08/21/00
Final Action 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AF17

Priority:

Substantive, Nonsignificant

Legal Authority:

3955. ADMINISTRATIVE PROCEDURES FOR IMPOSING PENALTIES FOR FALSE OR MISLEADING STATEMENTS (784F)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1526; 20 CFR 404.1529; 20 CFR 416.926; 20 CFR 416.929

Legal Deadline:

None

Abstract:

These interim final rules will clarify that a determination of medical equivalence will consider the severity of the individual's impairment, based on all relevant evidence in the case record. These rules will clarify our medical equivalence policy in light of the decision in Hickman v. Apfel, 187 F.3d 683 (7th Cir. 1999).

Timetable:

Action Date FR Cite

Interim Final Rule 07/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Jane Deweib, Social Insurance Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9878
Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AF19

3956. SSI TRUSTS AND TRANSFERS OF RESOURCES (791I)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 402; 42 USC 403; 42 USC 404(a); 42 USC 404(e); 42 USC 405(a); 42 USC 405(c); 42 USC 422(b); 42 USC 423(e); 42 USC 424a; 42 USC 425; 42 USC 902(a)(5); 42 USC 1382 to 1382d; 42 USC 1382h; 42 USC 1320a-8a; 42 USC 1383

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.475; 20 CFR 416.1339

Legal Deadline:

Final, Statutory, June 14, 2000.

Abstract:

These final rules implement section 207 of Public Law 106-169, which provides that SSA may impose a penalty on any person who knowingly makes, or causes to be made, a false or misleading statement or representation of a material fact for use in determining any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title XVI.

Timetable:

Action Date FR Cite

Interim Final Rule 07/10/00 65 FR 42283

Interim Final Rule Comment Period End 09/08/00
Final Action 04/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Gareth N. Dence, Social Insurance Specialist, Social Security Administration, Division of Payment Policy, Office of Program Benefits Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9872
Suzanne DiMarino, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1769

RIN:

0960-AF20

3957. CREDIT BUREAU REPORTING AND ADMINISTRATIVE OFFSET FOR SSI OVERPAYMENTS (795F)

Priority:

Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Legal Authority:

42 USC 1382a(a); 42 USC 1382b(c)(f); 42 USC 1382b(e); PL 106-169, sec 205; PL 106-169, sec 206

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 416

Legal Deadline:

None

Abstract:

These interim final rules amend our regulations to reflect sections 205 and 206 of Public Law 106-169, the Foster Care Independence Act of 1999. Section 205 generally provides for counting certain trusts as resources in the SSI program. Section 206 generally provides for a period of ineligibility for SSI benefits as a result of transferring resources for less than fair market value.

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

Undetermined

Federalism:

Undetermined

Agency Contact:

Kenneth A. Brown, Social Insurance Specialist, Social Security Administration, Office of Program Benefits, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9772
Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AF22

3958. IMPLEMENTING THE REDESIGNED DISABILITY PROCESS (816F)

Priority:

Substantive, Nonsignificant

Legal Authority:

31 USC ch 37; Sec 1631(b) of the Social Security Act

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 416.590; 20 CFR 416.1403; 20 CFR 422.301; 20 CFR 422.305

Legal Deadline:

None

Abstract:

We propose to modify our regulations dealing with the recovery of SSI overpayments to reflect statutory authority for SSA to selectively refer information about SSI overpayments to consumer reporting agencies and to recover SSI overpayments through administrative offset by the Department of Treasury against other Federal payments to which the overpaid individual may be entitled. These collection practices would be limited to overpayments made to a person after he or she attained age 18 and would be used after the individual ceases to be an SSI beneficiary.

Timetable:

Action Date FR Cite

NPRM 10/23/00 65 FR 63221

NPRM Comment Period End 12/22/00
Final Action 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AF31

3959. REVISIONS TO THE MEDICAL-VOCATIONAL GUIDELINES (823I)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Legal Authority:

42 USC 301

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404; 20 CFR 416

Legal Deadline:

None

Abstract:

We plan to implement elements of the redesigned disability claims process that have been tested and found to further redesign goals. Specifically, we will revise the disability determination process by: (1) eliminating the reconsideration step of the appeals process; (2) enhancing the roles of the disability examiner and medical/psychological consultant to streamline the process and make more effective use of the doctor's knowledge and expertise; and (3) increasing claimant contact and explanation of the requirements for disability. We will implement the redesigned process in phases; the existing process will remain in effect for States that have not yet adopted the redesigned process.

Timetable:

Action Date FR Cite

NPRM 01/19/01 66 FR 5494

NPRM Comment Period End 03/20/01
Final Action 10/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

State, Federal

Additional Information:

RIN 0960-AE73 was merged into this regulation on August 14, 2000.

Agency Contact:

Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121
Phillip Landis, Director, Disability Process Redesign Staff, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7414

RIN:

0960-AF44

3960. ELECTION OF BENEFITS BASED ON AGE BY DISABLED WIDOW, WIDOWER, AND SURVIVING DIVORCED SPOUSE BENEFICIARIES (343P)

Priority:

Substantive, Nonsignificant

Unfunded Mandates:

Undetermined

Legal Authority:

Not Yet Determined

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404, subpart P, app 2

Legal Deadline:

None

Abstract:

This rule will make several clarifications to our medical-vocational guidelines. First, for individuals whose previous semiskilled or skilled work does not allow him or her to transfer skills to other semiskilled or skilled work within his or her residual functional capacity (RFC), we will treat the past work experience as if it were unskilled. It will also clarify that where an individual is limited to medium work, is closely approaching retirement and is illiterate in English or unable to communicate in English, we will find him or her disabled if he or she has no past work experience, or unskilled, semiskilled, or skilled past work experience, with no transferable skills to other semiskilled or skilled work within his or her RFC.

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/01

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Elaine Tocco, Vocational Policy Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-6356
Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AF47

SOCIAL SECURITY ADMINISTRATION (SSA)

Long-Term Actions

3961. REVISED MEDICAL CRITERIA FOR DETERMINATION OF DISABILITY, ENDOCRINE SYSTEM (436P)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 405

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.335; 20 CFR 404.336; 20 CFR 404.337

Legal Deadline:

None

Abstract:

We propose to amend our regulations to permit the election of benefits based on age by widows, widowers and surviving divorced spouses (hereinafter, collectively widows) who are at least age 60 and who are already entitled to widow's benefits based on disability. This proposal would allow the widow to choose which of the two types of widow's benefits is more advantageous.

Timetable:

Action Date FR Cite

NPRM To Be Determined

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Lawrence V. Dudar, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5995

RIN:

0960-AD56

Priority:

Substantive, Nonsignificant

Legal Authority:

3962. COMPUTATION OF SSI BENEFITS FOR THE FIRST THREE MONTHS OF PAYMENT (476P)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.1500, app 1

Legal Deadline:

None

Abstract:

Sections 9.00 and 109.00 of appendix 1 to subpart P of part 404 of our regulations (404.1501 through 404.1599) describe those impairments that are considered severe enough to prevent a person from doing any gainful activity, or in the case of a child claiming SSA payments under title XVI, that cause marked and severe functional limitations. We are proposing to revise the criteria in these sections to reflect advances in medical knowledge, treatment, and methods of evaluating endocrine impairments. The Supplemental Security Income Program incorporates and uses the same medical criteria as the Old-Age, Survivors and Disability Insurance Program.

Timetable:

Action Date FR Cite

NPRM To Be Determined

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5121

RIN:

0960-AD78

3963. DEFINITION OF "LARGEST BENEFIT AMOUNT" FOR SIMULTANEOUS ENTITLEMENT TO CHILD'S BENEFITS (481P)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 902(a)(5); 42 USC 1383

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 416.320

Legal Deadline:

None

Abstract:

SSI eligibility and payment are calculated by taking into account income received by the applicant/recipient. Two calculations must be made for each month. The first is the eligibility computation and is based on the current (payment) month's income. The second is the payment computation, which, under retrospective monthly accounting, is based (usually) on the income of a prior month called the budget month. Generally the budget month is 2 months prior to the payment month. The transitional computation for the first 3 months of SSI payment is an exception to the general rule described above. While the eligibility computation continues to apply to the current month's income, the budget month on which each of the first 3 months' payments is based is the first month of eligibility or reeligibility. This policy was intended to facilitate the transition into the 2 month retrospective accounting cycle and to avoid penalizing the recipient for income received prior to initial SSI eligibility. However, the policy also has the effect of counting income which is only received in one month more than one time. In Jones v. Shalala, the Ninth Circuit Court of Appeals ruled that SSA's transitional computation for the first 3 months of eligibility is not permissible because it will result in the triple counting of nonrecurring income received only in the first month of eligibility. The proposed policy addresses the triple counting of nonrecurring income.

Timetable:

Action Date FR Cite

NPRM To Be Determined

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Lawrence V. Dudar, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5995

RIN:

0960-AD93

3964. REPEAL OF FACILITY OF PAYMENT PROVISION (508P)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 402; 42 USC 422(b); 42 USC 423; 42 USC 424a; 42 USC 428(a) to 428(e); 42 USC 902(a)(5); 42 USC 403; 42 USC 403(a); 42 USC 403(b); 42 USC 404(a); 42 USC 404(e); 42 USC 405(a); 42 USC 405(c); 42 USC 416

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.304; 20 CFR 404.353b; 20 CFR 404.407d

Legal Deadline:

None

Abstract:

Section 202(k)(2)(A) of the Act (42 U.S.C. 402(k)(2)(A)) contains the statutory requirements for determining the earnings record on which SSA will pay a person, who is simultaneously entitled to child's insurance benefits on the earnings records of more than one worker. Generally, the child's benefits will be paid on the earnings record that yields the highest primary insurance amount (PIA). However, under certain circumstances, the child's benefits will be paid on the earnings record that yields a lower PIA if that record produces the "largest benefit" to which the child could be entitled under section 202(d) without the application of the reduction under the "family maximum" provisions. In implementing section 202(k)(2)(A), SSA has determined the "largest benefit" under section 202(k)(2)(A) by comparing the original benefit amount (i.e., 50 percent of the PIA of a living worker and 75 percent of the PIA of a deceased worker) calculated on the dependent and/or survivor claim of the child on the earnings record of each worker without applying any reductions or deductions. The United States District Court for the Northern District of Alabama in Agee v. Sullivan rejected this interpretation and held that SSA must compare the amounts payable to the child under each earnings record after considering all applicable deductions and reductions other than the reduction under the family maximum provisions. Legal support for both interpretations can be found in the statutory language and legislative history of section 202(k)(2)(A) of the Act. We have found current regulations implementing section 202(k)(2)(A) to be ambiguous. We propose to amend these regulations to reflect the longstanding SSA interpretation, rather than the interpretation adopted by the District Court in the Agee decision.

Timetable:

Action Date FR Cite

NPRM To Be Determined

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Bill Hilton, Social Insurance Specialist, Social Security Administration, Office of Program Benefits, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-2468
Lawrence V. Dudar, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5995

RIN:

0960-AD95

3965. ADMINISTRATIVE REVIEW PROCESS; ADMINISTRATIVE RES JUDICATA AND RELATED RULES (526P)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 403

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 404.402(b); 20 CFR 404.458

Legal Deadline:

None

Abstract:

This regulation will reflect section 309 of Public Law 103-296 that repeals the facility of payment provision under which Social Security benefits, subject to the family maximum, would not be redistributed in certain cases, and provides that the reduction for the family maximum will be made prior to a temporary suspension for work when the nonworking auxiliary resides in a separate household from the working auxiliary.

Timetable:

Action Date FR Cite

NPRM To Be Determined

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Lawrence V. Dudar, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-5995

RIN:

0960-AE02