Unified Agenda
20 CFR Ch. III
AGENCY:
Social Security Administration.
ACTION:
Semiannual regulatory agenda.
SUMMARY:
Executive Order 12866, entitled Regulatory Planning and Review, issued September 30, 1993, and the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) require each Federal agency to publish semiannually a brief description of all regulatory actions then under development or review, expected to be under development or review for the next 12 months, or completed since the previous publication of the agenda. Our last agenda of regulations was published May 14, 2001.
FOR FURTHER INFORMATION CONTACT:
For further information about a specific regulatory action, contact the person identified as the agency contact for that action. Comments or inquiries of a general nature should be directed to Georgia E. Myers, Regulations Officer, Social Security Administration, L2109 West Low Rise Building, 6401 Security Boulevard, Baltimore, MD 21235-6401; Telephone (410) 965-3632 or TTY (410) 966-5609.
SUPPLEMENTARY INFORMATION:
The Social Security Administration (SSA) has responsibility for the retirement, survivors, and disability insurance programs under title II of the Social Security Act (the Act) and the Supplemental Security Income (SSI) program under title XVI of the Act. We are not a regulatory agency. Our regulations generally do not impose burdens on the private sector or on State, local or tribal governments. Our regulations document the rules under which we make eligibility determinations and set forth both the responsibilities of the Agency towards the public and beneficiaries' rights and responsibilities under the programs we administer.
Our regulatory efforts can be placed into one of the following three categories: (1) legislative implementation; (2) program improvements to provide better service to SSA customers; and (3) improvements or clarifications to provide effective stewardship of SSA programs.
We continue to seek legislative improvements for the programs we administer. However, because of the complexity of our programs, statutory language is rarely detailed enough to govern the actions of agency adjudicative decisionmakers. Supporting regulations are often required. In some instances, Congress directs SSA to issue implementing regulations. For other legislative provisions, SSA regulations provide program information to applicants for benefits, current beneficiaries and their legal counsels.
Included in our Agenda are items that will amend our regulations to provide more choices for people with disabilities who seek Return-to-Work services so that they may become self-sufficient. These regulations are required by provisions of "The Ticket to Work and Work Incentives Improvement Act of 1999," (Pub. L. 106-170), which was signed by former President Clinton on December 17, 1999. Among the provisions requiring regulations are provisions that will establish the Ticket to Work and Self-Sufficiency program in SSA, suspend continuing disability reviews based on work activity, and expedite reinstatement of disability benefits terminated due to work activity.
An area in which we are working hard to deliver high quality service is our disability determination process. Several of our agenda items support improvements to disability program administration. We have tested a prototype involving a combination of modifications to the disability determination process. The regulation will incorporate a series of changes that improve the initial disability determination process. This Agenda includes a regulation to allow phased-in implementation of these features.
The Agenda also contains updates to many of the medical listings to reflect advances in medical knowledge, treatment and methods of evaluation.
SSA is committed to enhancing the service that we provide to our customers by reducing the time it takes them to receive a hearing and a decision. We believe that the Hearings Process Improvement (HPI) Initiative will enhance the timeliness of decisions and improve customer service by effectively utilizing the staffing resources that are dedicated to this goal. The HPI Initiative is part of SSA's overall plan for managing the disability process. One important HPI initiative listed in the Agenda, Prehearing and Posthearing Conference, is expected to improve the hearings process by standardizing and increasing the efficiency of our procedures for holding prehearing and posthearing conferences. Another important HPI initiative listed in the Agenda, Expansion of the Use of Video Teleconference Technology in Hearings before Administrative Law Judges (ALJs) of the Social Security Administration, is expected to improve customer service by providing faster access to a hearing before an ALJ. It removes the need for the claimant (and representative, if any) and the ALJ to be physically present at the same location.
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. A proposed regulation will make improvements to the representative payment procedures needed to assure program integrity.
We have also included in this agenda, a regulation that provides SSA with an additional tool to strengthen the integrity of the Social Security and SSI programs. A proposed regulation that implements a provision of the Foster Care Independence Act of 1999 authorizing SSA to obtain information from financial institutions in order to determine initial or continuing eligibility for SSI benefits.
We continue to work diligently to improve our program benefit regulations and to develop partnerships with large segments of the community of stakeholders interested in Social Security programs. The remaining of our Unified Agenda items reflect such improvements and clarifications.
For this edition of the Social Security Administration's regulatory agenda, the most important significant regulatory actions are included in The Regulatory Plan, which appears in part II of this issue of the Federal Register. The Regulatory Plan entries are listed in the table of contents below and are denoted by a bracketed bold reference, which directs the reader to the appropriate sequence number in part II.
The October 2001 regulatory agenda for the Social Security Administration follows.
Dated:
October 3, 2001.
Georgia E. Myers, SSA Regulations Officer.
| Social Security Administration—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4070 | OASDI and SSI for the Aged, Blind, and Disabled; Fees for Representation of Parties Under Title II and Title XVI of the Social Security Act (296P) | 0960-AD23 |
| 4071 | Revised Medical Criteria for Evaluating Hematologic Disorders and Malignant Neoplastic Diseases (399P) | 0960-AD67 |
| 4072 | Revised Medical Criteria for Determination of Disability, Endocrine System (436P) | 0960-AD78 |
| 4073 | Modification of Private Printing and Prescribed Applications and Other Forms (530P) | 0960-AE15 |
| 4074 | Privacy and Disclosure of Official Records and Information (711P) (Reg Plan Seq No. 155) | 0960-AE88 |
| 4075 | Administrative Wage Garnishment (To Repay a Debt Owed to the Social Security Administration) (724P) (Reg Plan Seq No. 156) | 0960-AE92 |
| 4076 | $30 Private Insurance (794P) | 0960-AF25 |
| 4077 | Revised Medical Criteria for Evaluation Digestive System Disorders (800P) | 0960-AF28 |
| 4078 | Revised Medical Criteria for Evaluating Skin Disorders (801P) | 0960-AF29 |
| 4079 | Revised Medical Criteria for Evaluating Genitourinary Disorders (802P) | 0960-AF30 |
| 4080 | Multiple Body Systems Listings (803P) | 0960-AF32 |
| 4081 | Revised Medical Criberia for Evaluating Immune Systems (804P) | 0960-AF33 |
| 4082 | Revised Medical Criteria for Evaluating Special Senses (805P) | 0960-AF34 |
| 4083 | Revised Medical Criteria for Evaluating Neurological Disorders (806P) | 0960-AF35 |
| 4084 | Clarification of Rules Involving RFC Assessments; Clarification of Use of Vocational Experts & Other Sources of the Sequential Evaluation Process; Incorporation of "Special Profile" Into Regs (808P) | 0960-AF37 |
| 4085 | Filing Claims Under the Federal Tort Claims Act and the Military Personnel and Civilian Employees Claims Act (785P) | 0960-AF39 |
| 4086 | Access to Information Held by Financial Institutions (815P) (Reg Plan Seq No. 157) | 0960-AF43 |
| 4087 | Revisions to the Medical-Vocational Guidelines (823P) | 0960-AF47 |
| 4088 | Revised Medical Criteria for Determination of Disability, Cardiovascular System and Related Criteria (826P) | 0960-AF48 |
| 4089 | Representative Payment Under Title II and XVI of the Social Security Act (827P) | 0960-AF49 |
| 4090 | Removal of Clothing from the Definition of Income and From the Definition of In-Kind Support and Maintenance Under the Supplemental Security Income Program (834P) | 0960-AF50 |
| 4091 | Exclusion of One Automobile From Resources (835P) | 0960-AF51 |
| 4092 | Exclusion of Household Goods and Personal Effects Under the Supplemental Security Income (SSI) Program (837P) | 0960-AF55 |
| 4093 | Determining Disability for an Individual with Drug Addiction or Alcoholism (851P) | 0960-AF57 |
| 4094 | Revised Medical Criteria for Evaluating Respiratory Medical Disorders (859P) | 0960-AF58 |
| 4095 | Special Benefits for Certain World War II Veterans (880P) | 0960-AF61 |
| 4096 | Technical Amendments to Annual Earnings Test (866P) | 0960-AF62 |
| 4097 | Federal Old-Age, Survivors, Disability and Supplemental Security Income; De Novo Review at all Levels of Appeal (888P) | 0960-AF63 |
| 4098 | Revising the Rules on Work Experience as a Vocational Factor (875P) | 0960-AF64 |
| 4099 | Compensation for Qualified Organizations Serving as a Representative Payee (846P) (Reg Plan Seq No. 158) | 0960-AF66 |
| 4100 | Revised Medical Criteria for Determination of Disability, Growth Impairments (444P) | 0960-AF67 |
| 4101 | Revised Medical Criteria for Evaluating Mental Disorders (886P) | 0960-AF69 |
| Social Security Administration—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4102 | Old-Age, Survivors, and Disability Insurance Benefits; Replacing Social Security Number Cards (543F) | 0960-AE18 |
| 4103 | Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants) (554F) | 0960-AE27 |
| 4104 | OASDI and SSI; Expansion of the Use of Video Teleconference Technology in Hearings Before Administrative Law Judges of the Social Security Administration (737F) (Reg Plan Seq No. 159) | 0960-AE97 |
| 4105 | Revised Medical Criteria for Determination of Disability, Appendix 1 to Subpart P—Listing of Impairments (740F) | 0960-AE99 |
| 4106 | Ticket to Work and Self-Sufficiency Program (Ticket to Work and Work Incentives Improvement Act of 1999) (767F) (Reg Plan Seq No. 160) | 0960-AF11 |
| 4107 | Cost of Living Increases in Primary Insurance Amounts (759F) | 0960-AF14 |
| 4108 | Administrative Review Process; Prehearing and Posthearing Conferences (778F) | 0960-AF17 |
| 4109 | Administrative Procedures for Imposing Penalties for False or Misleading Statements (784F) (Reg Plan Seq No. 161) | 0960-AF20 |
| 4110 | Credit Bureau Reporting and Administrative Offset for SSI Overpayments (795F) | 0960-AF31 |
| 4111 | Implementing the Redesigned Disability Process (816F) (Reg Plan Seq No. 162) | 0960-AF44 |
| 4112 | Filing of Applications and Related Forms (797F) | 0960-AF52 |
| 4113 | Collection of Supplemental Security Income Overpayments from Title VIII Benefits (819F) | 0960-AF53 |
| 4114 | Supplemental Security Income for the Aged, Blind and Disabled; Student Child Earned Income Exclusion (865F) | 0960-AF60 |
| Social Security Administration—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4115 | Computation of SSI Benefits for the First Three Months of Payment (476P) | 0960-AD93 |
| 4116 | Definition of "Largest Benefit Amount" for Simultaneous Entitlement to Child's Benefits (481P) | 0960-AD95 |
| 4117 | Repeal of Facility of Payment Provision (508P) | 0960-AE02 |
| 4118 | Administrative Review Process; Administrative Res Judicata and Related Rules (526P) | 0960-AE11 |
| 4119 | OASDI; Nonpayment of Benefits to Incarcerated Individuals and Individuals Confined in Criminal Cases, Pursuant to Conviction or by Court Order Based on Findings of Insanity (531P) | 0960-AE16 |
| 4120 | Supplemental Security Income; Plans for Achieving Self-Support (506P) | 0960-AE17 |
| 4121 | Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, Other Nonprofit Organizations, and Commercial Organizations (547F) | 0960-AE25 |
| 4122 | Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and Indian Tribal Governments (555F) | 0960-AE28 |
| 4123 | Restrictions on Lobbying in Connection with the Award of Grants, Contracts, and Cooperative Agreements (556F) | 0960-AE29 |
| 4124 | Elimination of Rounding Distortion in the Calculation of the Contribution and Benefit Base and Earnings Test Exempt Amounts (512F) | 0960-AE40 |
| 4125 | Supplemental Standards for Ethical Conduct for Employees of the Social Security Administration (601P) | 0960-AE48 |
| 4126 | Deeming of Income From an Ineligible Spouse to an Eligible Individual and an Eligible Child (606P) | 0960-AE50 |
| 4127 | Dedicated Accounts and Installment Payments for Certain Past Due SSI Benefits (622F) | 0960-AE59 |
| 4128 | Effectuation of Title VI of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975 in Programs Receiving Financial Assistance by SSA (617P) | 0960-AE63 |
| 4129 | Enforcement of Nondiscrimination in Social Security Programs or Activities (661P) | 0960-AE78 |
| 4130 | Technical Changes to Title XVI (664F) | 0960-AE79 |
| 4131 | Federal Salary Offset (Withholding a Portion of a Federal Employee's Salary To Collect a Delinquent Debt Owed to the Social Security Administration) (721P) | 0960-AE89 |
| 4132 | Private Collection Agencies (Using Private Collection Agencies to Help SSA Collect Delinquent Title II and Title XVI Debts Owed by Former Beneficiaries) (722P) | 0960-AE90 |
| 4133 | Charging Interest (Charging Interest on Delinquent Debts) (723P) | 0960-AE91 |
| 4134 | 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) | 0960-AE93 |
| 4135 | Assignment of Social Security Administration Numbers (SSN) for Nonwork Purposes (751P) | 0960-AF05 |
| 4136 | Change in Retirement Age (775F) | 0960-AF16 |
| 4137 | Medical Equivalence for Adults and Children (787P) | 0960-AF19 |
| 4138 | Expedited Reinstatement of Disability Benefits (Ticket to Work and Work Incentives Improvement Act) (790P) | 0960-AF21 |
| 4139 | SSI Trusts and Transfers of Resources (791I) | 0960-AF22 |
| 4140 | Social Security Coverage of Employment for Residents of the Northern Mariana Islands, American Samoa, and Guam (792P) | 0960-AF23 |
| 4141 | Effects of Being Considered a Child (793P) | 0960-AF24 |
| 4142 | Wage Reports and Pension Information (809P) | 0960-AF38 |
| 4143 | Disability Insurance Program Demonstration Project Authority (Ticket to Work and Work Incentives Improvement Act of 1999) (789P) | 0960-AF41 |
| 4144 | Exclusion of Representatives and Health Care Providers Convicted of Violations from Participation in Social Security Disability Programs (820F) | 0960-AF46 |
| 4145 | Non-Payment of Monthly Social Security Benefits to Aliens Residing in the United States Who Are Not Lawfully Present (849P) | 0960-AF56 |
| 4146 | Revising the Rules on the Steps for Evaluating Disability (894P) | 0960-AF65 |
| 4147 | Program: Cooperative Agreements for Benefits Planning, Assistance, and Outreach Projects (844P) | 0960-AF68 |
| Social Security Administration—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4148 | Musculoskeletal System and Related Criteria (143F) | 0960-AB01 |
| 4149 | Election of Benefits Based on Age by Disabled Widow, Widower, and Surviving Divorced Spouse Beneficiaries (343P) | 0960-AD56 |
| 4150 | Federal Old-Age, Survivors, and Disability Insurance; Determining Disability and Blindness; Revision to Medical-Vocational Guidelines (599F) | 0960-AE42 |
| 4151 | Coverage of Employees of State and Local Governments; Office of Management and Budget (OMB) Control Number (280F) | 0960-AE69 |
| 4152 | Title XVI, Cross-Program Recovery (746F) | 0960-AF13 |
| 4153 | Federal Old-Age, Survivors and Disability Insurance; Supplemental Security Income; Determining Disability and Blindness; Revisions to the Growth Impairment Listings (758P) | 0960-AF18 |
| 4154 | Extension of Expiration Dates for Several Body System Listings (857F) | 0960-AF59 |
4070. OASDI AND SSI FOR THE AGED, BLIND, AND DISABLED; FEES FOR REPRESENTATION OF PARTIES UNDER TITLE II AND TITLE XVI OF THE SOCIAL SECURITY ACT (296P)
Agency:
Social Security Administration (SSA)
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.
| Action | Date | FR Cite |
| NPRM | 03/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Cynthia Pullen-Carroll, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-3691
RIN:
0960-AD23
4071. REVISED MEDICAL CRITERIA FOR EVALUATING HEMATOLOGIC DISORDERS AND MALIGNANT NEOPLASTIC DISEASES (399P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 405; 42 USC 902(a)(5); 42 USC 1383
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.1500, 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.
| Action | Date | FR Cite |
| NPRM | 11/00/01 |
Regulatory Flexibility Analysis Required:
No
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
4072. REVISED MEDICAL CRITERIA FOR DETERMINATION OF DISABILITY, ENDOCRINE SYSTEM (436P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 405; 42 USC 902(a)(5); 42 USC 1383
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.1500, 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.
| Action | Date | FR Cite |
| NPRM | 11/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Maria D. Smith, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-3661
RIN:
0960-AD78
4073. MODIFICATION OF PRIVATE PRINTING AND PRESCRIBED APPLICATIONS AND OTHER FORMS (530P)
Agency:
Social Security Administration (SSA)
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.
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
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
4074. PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION (711P)
Regulatory Plan:
This entry is Seq. No. 155 in part II of this issue of the Federal Register.
RIN:
0960-AE88
4075. ADMINISTRATIVE WAGE GARNISHMENT (TO REPAY A DEBT OWED TO THE SOCIAL SECURITY ADMINISTRATION) (724P)
Regulatory Plan:
This entry is Seq. No. 156 in part II of this issue of the Federal Register.
RIN:
0960-AE92
4076. $30 PRIVATE INSURANCE (794P)
Agency:
Social Security Administration (SSA)
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 416.571; 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.
| Action | Date | FR Cite |
| NPRM | 03/00/02 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
No
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
Maria D. Smith, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-3661
RIN:
0960-AF25
4077. REVISED MEDICAL CRITERIA FOR EVALUATION DIGESTIVE SYSTEM DISORDERS (800P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 405; 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, 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.
SSA has determined administrative costs to be negligible (i.e., less than $2 million and 25 workyears). We also estimate a reduction in OASDI benefit payments and Federal SSI payments for fiscal years 2003 through 2012.
| Action | Date | FR Cite |
| NPRM | 11/14/01 | 66 FR 57009 |
| NPRM Comment Period End | 01/14/02 | |
| Final Action | 02/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
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
4078. REVISED MEDICAL CRITERIA FOR EVALUATING SKIN DISORDERS (801P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 405; 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, subpart P, app 1
Legal Deadline:
None
Abstract:
We are proposing to revise the criteria in the Listing of Impairments (the Listings) we use for evaluating skin disorders in adults and to introduce corresponding medical criteria for evaluating skin disorders in children. We are proposing revisions to the skin listings to ensure that the medical evaluation criteria are up-to-date and consistent and that the latest advances in medical knowledge and treatment are included.
| Action | Date | FR Cite |
| NPRM | 01/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
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-AF29
4079. REVISED MEDICAL CRITERIA FOR EVALUATING GENITOURINARY DISORDERS (802P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 405; 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, subpart P, app 1
Legal Deadline:
None
Abstract:
We propose to revise the criteria in the Listing of Impairments (the Listings) that we use to evaluate genito-urinary impairments. We apply these criteria at step three of our sequential evaluation processes for adults and children who claim Social Security or Supplemental Security Income benefits based on disability under title II and title XVI of the Social Security Act. The revisions reflect advances in medical knowledge, treatment, and methods of evaluating digestgenito-urinary impairments.
| Action | Date | FR Cite |
| NPRM | 11/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Harry J. Short Jr., Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7713
RIN:
0960-AF30
4080. MULTIPLE BODY SYSTEMS LISTINGS (803P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 405; 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
Legal Deadline:
None
Abstract:
We propose to revise the criteria in the Listing of Impairments (the Listings) for evaluating Multiple Body Systems.
| Action | Date | FR Cite |
| NPRM | 04/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
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
4081. REVISED MEDICAL CRIBERIA FOR EVALUATING IMMUNE SYSTEMS (804P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
42 USC 405; 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
Legal Deadline:
None
Abstract:
We propose to revise the criteria in the Listing of Impairments (the Listings) for evaluating the Immune System.
| Action | Date | FR Cite |
| NPRM | 04/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
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-AF33
4082. REVISED MEDICAL CRITERIA FOR EVALUATING SPECIAL SENSES (805P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 405; 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, subpart P, app 1
Legal Deadline:
None
Abstract:
We propose to revise the criteria in the Listing of Impairments (the Listings) for Special Senses.
| Action | Date | FR Cite |
| NPRM | 02/00/02 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Cheryl A. Williams, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-4163
RIN:
0960-AF34
4083. REVISED MEDICAL CRITERIA FOR EVALUATING NEUROLOGICAL DISORDERS (806P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 405; 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, subpart P, app 1
Legal Deadline:
None
Abstract:
We propose to revise the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving neurological disorders at the third step of our sequential evaluation processes for adults and children 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 neurological disorders.
| Action | Date | FR Cite |
| NPRM | 03/00/02 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
No
Government Levels Affected:
Undetermined
Federalism:
Undetermined
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-AF35
4084. CLARIFICATION OF RULES INVOLVING RFC ASSESSMENTS; CLARIFICATION OF USE OF VOCATIONAL EXPERTS & OTHER SOURCES OF THE SEQUENTIAL EVALUATION PROCESS; INCORPORATION OF "SPECIAL PROFILE" INTO REGS (808P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
442 usc 402; 42 USC 405(a); 42 USC 405(b); 42 USC 405(d) to 405(h); 42 USC 416(i); 42 USC 421(a); 42 USC 421(i); 42 USC 422(c); 42 USC 423; 42 USC 4225; 42 USC 902(a)(5); 42 USC 1382; 42 USC 1382c; 42 USC 1382h; 42 USC 1383(a); 42 USC 1383(c); 42 USC 1383(d)(l); 42 USC 1383b
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.1501; 20 CFR 404.1505; 20 CFR 404.1512; 20 CFR 404.1520; 20 CFR 404.1545; 20 CFR 404.1546; 20 CFR 404.1560; 20 CFR 404.1561; 20 CFR 404.1563; 20 CFR 404.1569a; 20 CFR 404.1594
Legal Deadline:
None
Abstract:
We propose changing several sections of our rules to clarify how we make determinations and decisions at steps 4 and 5 of the sequential evaluation process. Among other things, the proposed rules would clarify (1) the responsibility that claimants have to provide evidence of their disability (including evidence related to their residual functional capacity, and (2) that SSA may use a vocational expert to help determine whet6her a claimant is able to do his or her past relevant work at step 4 of the sequential evaluation process.
| Action | Date | FR Cite |
| NPRM | 11/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
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
4085. FILING CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES CLAIMS ACT (785P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 429.101 to 429.110; 20 CFR 429.201 to 429.211
Legal Deadline:
None
Abstract:
We propose to establish a new subpart B in part 429 that would prescribe the procedures SSA follows when claims are filed by employees against SSA for personal property damage or loss incident to their service with SSA. We also propose to make corrections and clarifications to our current procedures and practices on claims against the government for damage to or loss of property or personal injury or death that is caused by the negligent or wrongful act or omission of an SSA employee.
| Action | Date | FR Cite |
| NPRM | 11/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Agency Contact:
Jonathan R. Cantor, General Attorney, Social Security Administration, General Law Division, Office of the General Counsel, 6401 Security Boulevard, Baltimore, MD 21235
Phone: 410 965-3166
Cheryl A. Williams, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-4163
RIN:
0960-AF39
4086. ACCESS TO INFORMATION HELD BY FINANCIAL INSTITUTIONS (815P)
Regulatory Plan:
This entry is Seq. No. 157 in part II of this issue of the Federal Register.
RIN:
0960-AF43
4087. REVISIONS TO THE MEDICAL-VOCATIONAL GUIDELINES (823P)
Agency:
Social Security Administration (SSA)
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 which medical-vocational rules apply to individuals who are illiterate or unable to communicate in English. These rules will not result in any additional administrative costs or savings.
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
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
Cheryl A. Williams, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-4163
RIN:
0960-AF47
4088. REVISED MEDICAL CRITERIA FOR DETERMINATION OF DISABILITY, CARDIOVASCULAR SYSTEM AND RELATED CRITERIA (826P)
Agency:
Social Security Administration (SSA)
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.
| Action | Date | FR Cite |
| NPRM | 03/00/02 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
No
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
Cynthia Pullen-Carroll, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-3691
RIN:
0960-AF48
4089. REPRESENTATIVE PAYMENT UNDER TITLE II AND XVI OF THE SOCIAL SECURITY ACT (827P)
Agency:
Social Security Administration (SSA)
Priority:
Other Significant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
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 405(a); 42 USC 405(b); 42 USC 405(d) to 405(h); 42 USC 405(j); 42 USC 405(k); 42 USC 421
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.902; 20 CFR 404.2011; 20 CFR 404.2021; 20 CFR 404.2022; 20 CFR 404.2024; 20 CFR 404.2025; 20 CFR 404.2030; 20 CFR 404.2040a; 20 CFR 404.2041; 20 CFR 404.2050; 20 CFR 404.2065; 20 CFR 416.611; 20 CFR 416.621; 20 CFR 416.622; 20 CFR 416.624; 20 CFR 416.625; 20 CFR 416.630; 20 CFR 416.640a; 20 CFR 416.641; 20 CFR 416.650; 20 CFR 416.665; 20 CFR 416.1402
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.
| Action | Date | FR Cite |
| NPRM | 11/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
No
Government Levels Affected:
None
Federalism:
Undetermined
Agency Contact:
Betsy Byrd, Social Insurance Specialist, Social Security Administration, Office of Program Benefits, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7981
Cheryl A. Williams, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-4163
RIN:
0960-AF49
4090. ¤ REMOVAL OF CLOTHING FROM THE DEFINITION OF INCOME AND FROM THE DEFINITION OF IN-KIND SUPPORT AND MAINTENANCE UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM (834P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
Sec 1612 of the Social Security Act
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 416.1102 to 416.1104; 20 CFR 416.1121; 20 CFR 416.1124; 20 CFR 416.1130; 20 CFR 416.1133; 20 CFR 416.1140; 20 CFR 416.1142; 20 CFR 416.1144 to 416.1145; 20 CFR 416.1147 to 416.1149; 20 CFR 416.1157
Legal Deadline:
None
Abstract:
We propose to change the SSI rules to remove clothing from the definition of income and from the definition of in-kind support and maintenance. As a result, we generally will not count gifts of clothing as income when we decide whether a person can receive SSI benefits or when we compute the amount of benefits.
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Harry J. Short Jr., Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7713
RIN:
0960-AF50
4091. ¤ EXCLUSION OF ONE AUTOMOBILE FROM RESOURCES (835P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
Sec 1613(a)(2)(A) of the Social Security Act
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 416.1210; 20 CFR 416.1218
Legal Deadline:
None
Abstract:
We propose to simplify our rules on how we exclude an automobile in determining the resources of an SSI applicant or recipient. Specifically, we propose to exclude one automobile from resources if it is used for transportation, without consideration of its value.
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Harry J. Short Jr., Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7713
RIN:
0960-AF51
4092. ¤ EXCLUSION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER THE SUPPLEMENTAL SECURITY INCOME (SSI) PROGRAM (837P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Unfunded Mandates:
Undetermined
Legal Authority:
Sec 1613(a)(2)(A) of the Social Security Act
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 416.1210; 20 CFR 416.1216
Legal Deadline:
None
Abstract:
We propose to change our resource counting rules in the SSI program by eliminating the dollar value limit for the exclusion of household goods and personal effects. As a result, we would not count household goods and personal effects as resources when we decide whether a person can receive SSI benefits.
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Harry J. Short Jr., Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7713
RIN:
0960-AF55
4093. ¤ DETERMINING DISABILITY FOR AN INDIVIDUAL WITH DRUG ADDICTION OR ALCOHOLISM (851P)
Agency:
Social Security Administration (SSA)
Priority:
Other Significant
Unfunded Mandates:
Undetermined
Legal Authority:
PL 104-121, sec 105; PL 105-33, sec 5525; PL 106-170, sec 401
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.315; 20 CFR 404.316; 20 CFR 404.321; 20 CFR 404.332; 20 CFR 404.335; 20 CFR 404.337; 20 CFR 404.350; 20 CFR 404.352; 20 CFR 404.402; 20 CFR 404.470; 20 CFR 404.480; 20 CFR 404.902; 20 CFR 404.1535 to 404.1541; 20 CFR 1500, app 1; 20 CFR 416.202; 20 CFR 416.213; 20 CFR 416.262; 20 CFR 416.265; 20 CFR 416.535; 20 CFR 416.542; 20 CFR 416.554; 20 CFR 416.558; 20 CFR 416.601; 20 CFR 416.610; 20 CFR 416.935 to 416.941; 20 CFR 416.1123; 20 CFR 416.1326; 20 CFR 416.1331; 20 CFR 416.1335; 20 CFR 416.1402; 20 CFR 416.1725
Legal Deadline:
None
Abstract:
We propose to revise our regulations that address drug addiction and alcoholism (DAA) under title II and XVI of the Social Security Act. The proposed rules reflect provisions of section 105 of the Contract with America Advancement Act of 1996, Public Law 104-121; section 5525 of the Balanced Budget Act of 1997, Public Law 105-33; and section 401 of the Ticket to Work and Work Incentives Improvement Act of 1999, Public Law 106-170.
| Action | Date | FR Cite |
| NPRM | 02/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Deborah Barnes, Social Insurance Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235
Phone: 410 965-4171
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-AF57
4094. ¤ REVISED MEDICAL CRITERIA FOR EVALUATING RESPIRATORY MEDICAL DISORDERS (859P)
Agency:
Social Security Administration (SSA)
Priority:
Other Significant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 405; 42 USC 902(a)(5); 42 USC 1383
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.1500, app 1
Legal Deadline:
None
Abstract:
This proposed regulation will update the Respiratory Medical Listings.
| Action | Date | FR Cite |
| NPRM | 04/00/02 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
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
Cynthia Pullen-Carroll, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-3691
RIN:
0960-AF58
4095. ¤ SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS (880P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 405(a); 42 USC 405(j); 42 USC 405(k); 42 USC 902(a)(5); 42 USC 1001 to 1013; 42 USC 1102; 42 USC 1104; 42 USC 1106
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.2022; 20 CFR 404.2024; 20 CFR 408.101 (New); 20 CFR 408.105 (New); 20 CFR 408.110 (New); 20 CFR 408.120 (New); 20 CFR 408.201 (New); 20 CFR 408.202 (New); 20 CFR 408.204 (New); 20 CFR 408.206 (New); 20 CFR 408.208 (New); 20 CFR 408.210 (New); 20 CFR 408.212 (New); 20 CFR 408.214 (New); 20 CFR 408.216 (New); 20 CFR 408.218 (New); 20 CFR 408.220 (New); 20 CFR 408.222 (New); 20 CFR 408.224 (New); 20 CFR 408.226 (New); 20 CFR 408.228 (New); 20 CFR 408.230 (New); 20 CFR 408.232 (New); 20 CFR 408.234 (New); 20 CFR 408.301 (New); 20 CFR 408.305 (New); 20 CFR 408.310 (New); 20 CFR 408.315 (New); 20 CFR 408.320 (New); 20 CFR 408.325 (New); 20 CFR 408.330 (New); 20 CFR 408.340 (New); 20 CFR 408.345 (New); 20 CFR 408.351 (New); 20 CFR 408.355 (New); 20 CFR 408.360 (New); 20 CFR 408.401 (New); 20 CFR 408.402 (New); 20 CFR 408.403 (New); 20 CFR 408.404 (New); 20 CFR 408.405 (New); 20 CFR 408.406 (New); 20 CFR 408.410 (New); 20 CFR 408.412 (New); 20 CFR 408.413 (New); 20 CFR 408.420 (New); 20 CFR 408.425 (New); 20 CFR 408.430 (New); 20 CFR 408.432 (New); 20 CFR 408.435 (New); 20 CFR 408.437 (New); 20 CFR 408.501 (New); 20 CFR 408.505 (New); 20 CFR 408.510 (New); 20 CFR 408.515 (New); 20 CFR 408.601 (New); 20 CFR 408.610 (New); 20 CFR 408.615 (New); 20 CFR 408.620 (New); 20 CFR 408.621 (New); 20 CFR 408.622 (New); 20 CFR 408.624 (New); 20 CFR 408.625 (New); 20 CFR 408.635 (New); 20 CFR 408.640 (New); 20 CFR 408.641 (New); 20 CFR 408.645 (New); 20 CFR 408.650 (New); 20 CFR 408.655 (New); 20 CFR 408.660 (New); 20 CFR 408.665 (New)
Legal Deadline:
None
Abstract:
We propose to add to Chapter 20 of the CFR new subparts in a new part 408 that would set forth our rules applicable to claims for special veterans benefits (SVB) under title VIII of the Social Security Act. The title VIII program provides monthly benefits to certain WW II veterans who were previously eligible for supplemental security income payments under title XVI of the Act and reside outside the United States. These initial subparts would establish the legal basis for the title VIII program as well as codify the title VIII rules on qualification filing applications, evaluating evidence, computing and paying benefits, and representative payment. We will be proposing additional subparts dealing with other aspects of the title VIII at a later date.
| Action | Date | FR Cite |
| NPRM | 02/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of International Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-0020
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-AF61
4096. ¤ TECHNICAL AMENDMENTS TO ANNUAL EARNINGS TEST (866P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 402; 42 USC 403; 42 USC 403(a); 42 USC 405(a); 42 USC 416; 42 USC 423; 42 USC 425; 42 USC 428(a) to 428(e); 42 USC 902(a)(5); PL 106-182
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.415; 20 CFR 404.416
Legal Deadline:
None
Abstract:
The Senior Citizen's Freedom to Work Act of 2000, enacted on April 7, 2000, eliminates the annual earnings test for beneficiaries, starting from the month in which they reach full retirement age.
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
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-AF62
4097. ¤ FEDERAL OLD-AGE, SURVIVORS, DISABILITY AND SUPPLEMENTAL SECURITY INCOME; DE NOVO REVIEW AT ALL LEVELS OF APPEAL (888P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 401(j); 42 USC 405(a); 42 USC 405(b); 42 USC 405(d) to 405(h); 42 USC 405(j); 42 USC 421; 42 USC 425; 42 USC 902(a)(5); 42 USC 1383; 42 USC 1383(b)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.900; 20 CFR 404.913; 20 CFR 404.946; 20 CFR 404.970; 20 CFR 416.1400; 20 CFR 416.1413; 20 CFR 416.1446; 20 CFR 416.1470
Legal Deadline:
None
Abstract:
The current regulations are silent on SSA's practice of reviewing the entire record upon a claimant's request for appeal. SSA will review those parts of the decision that the claimant believes are wrong and will look at any new facts presented. SSA may also review those parts of the decision that the claimant believes are correct and may make them unfavorable or less favorable to the claimant. SSA revised many of its notices in 1990 to inform the public about its de novo review as a result of the decision in Powell v. Heckler, 789 F2d (3rd Cir. 1986).
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Cheryl A. Williams, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-4163
RIN:
0960-AF63
4098. ¤ REVISING THE RULES ON WORK EXPERIENCE AS A VOCATIONAL FACTOR (875P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 402; 42 USC 405(a); 42 USC 405(b); 42 USC 405(d) to 405(h); 42 USC 416(i); 42 USC 421(a); 42 USC 421(i); 42 USC 422(c); 42 USC 423; 42 USC 425; 42 USC 902(a)(5); 42 USC 1382; 42 USC 1382c; 42 USC 1382h; 42 USC 1383(a); 42 USC 1383(c); 42 USC 1383(d)(1); 42 USC 1383b
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.1520; 20 CFR 404.1560; 20 CFR 404.1565; 20 CFR 404.1594(b)(4)(iii); 20 CFR 416.920; 20 CFR 416.960; 20 CFR 416.965; 20 CFR 416.994(b)(l)(iv)(c)
Legal Deadline:
None
Abstract:
We propose to change some of the rules we use to decide whether an individual is "disabled." These rules govern how we look at an individual's past work history. Currently, we consider work performed in the last 15 years to be relevant when we decide whether an individual is "disabled." We propose to change our rules so that we only look at work performed in the last five years.
| Action | Date | FR Cite |
| NPRM | 11/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Cheryl A. Williams, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-4163
RIN:
0960-AF64
4099. ¤ COMPENSATION FOR QUALIFIED ORGANIZATIONS SERVING AS A REPRESENTATIVE PAYEE (846P)
Regulatory Plan:
This entry is Seq. No. 158 in part II of this issue of the Federal Register.
RIN:
0960-AF66
4100. ¤ REVISED MEDICAL CRITERIA FOR DETERMINATION OF DISABILITY, GROWTH IMPAIRMENTS (444P)
Agency:
Social Security Administration (SSA)
Priority:
Other Significant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 1302; 42 USC 1383; 42 USC 405
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404 subpart P, app 1; 20 CFR 416 subpart I
Legal Deadline:
None
Abstract:
Section 100.00 of part B of appendix 1 to subpart P of part 404 of the Disability Regulations describes growth impairments considered severe enough to cause marked and severe functional limitations in a child under age 18. We are proposing revisions to the growth impairment listings. The revisions contained in these regulations reflect advances in medical knowledge, treatment, and methods of evaluating growth impairments. The Supplemental Security Income program incorporates and uses the same medical criteria as the Old-Age, Survivors, and Disability Insurance program.
| Action | Date | FR Cite |
| NPRM | 11/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
No
Government Levels Affected:
None
Federalism:
Undetermined
Additional Information:
This regulation is cross-referenced with 0960-AD80.
Agency Contact:
Regina Connell, Social Insurance Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-1891
Patricia Hora, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7183
RIN:
0960-AF67
4101. ¤ REVISED MEDICAL CRITERIA FOR EVALUATING MENTAL DISORDERS (886P)
Agency:
Social Security Administration (SSA)
Priority:
Other Significant. 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 404.1500, app 1
Legal Deadline:
None
Abstract:
We proposed to revise the criteria in the Listing of Impairments (the Listing) that we use to evaluate claims for disability benefits where the individual is alleging a mental impairment. The Listing describes, for each of the major body systems, impairments that are considered severe enough to prevent a person from doing any gainful activity. Our proposed revisions will reflect advances in medical knowledge, treatment, and methods of evaluating mental impairments in both adults and children.
| Action | Date | FR Cite |
| NPRM | 06/00/02 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Deborah Barnes, Social Insurance Specialist, Social Security Administration, Office of Disability, 6401 Security Boulevard, Baltimore, MD 21235
Phone: 410 965-4171
Harry J. Short Jr., Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7713
RIN:
0960-AF69
4102. OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS; REPLACING SOCIAL SECURITY NUMBER CARDS (543F)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
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 the process 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.
| 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:
No
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
4103. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) (554F)
Agency:
Social Security Administration (SSA)
Priority:
Info./Admin./Other
Legal Authority:
41 USC 403(11); 41 USC 701 et seq; 42 USC 902(a)(5)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 436.000
Legal Deadline:
None
Abstract:
This final regulation migrates the HHS grants regulation at 45 CFR part 76 into a new SSA regulation at 20 CFR part 436 now that SSA is an independent agency.
| Action | Date | FR Cite |
| Final Action | 11/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Patricia Hora, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7183
RIN:
0960-AE27
4104. OASDI AND SSI; EXPANSION OF THE USE OF VIDEO TELECONFERENCE TECHNOLOGY IN HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES OF THE SOCIAL SECURITY ADMINISTRATION (737F)
Regulatory Plan:
This entry is Seq. No. 159 in part II of this issue of the Federal Register.
RIN:
0960-AE97
4105. REVISED MEDICAL CRITERIA FOR DETERMINATION OF DISABILITY, APPENDIX 1 TO SUBPART P—LISTING OF IMPAIRMENTS (740F)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 405; 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 subpart P, app 1
Legal Deadline:
None
Abstract:
These regulations will make a certain number of discrete technical 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.
| Action | Date | FR Cite |
| NPRM | 02/11/00 | 65 FR 6929 |
| NPRM Comment Period End | 04/11/00 | |
| Final Action | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
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
4106. TICKET TO WORK AND SELF-SUFFICIENCY PROGRAM (TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999) (767F)
Regulatory Plan:
This entry is Seq. No. 160 in part II of this issue of the Federal Register.
RIN:
0960-AF11
4107. COST OF LIVING INCREASES IN PRIMARY INSURANCE AMOUNTS (759F)
Agency:
Social Security Administration (SSA)
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. These regulations codify statutory provisions enacted in 1986.
| Action | Date | FR Cite |
| Final Action | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
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
Cheryl A. Williams, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-4163
RIN:
0960-AF14
4108. ADMINISTRATIVE REVIEW PROCESS; PREHEARING AND POSTHEARING CONFERENCES (778F)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 405; 42 USC 902(a)(5); 42 USC 1383
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.961; 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.
| Action | Date | FR Cite |
| NPRM | 06/22/00 | 65 FR 38796 |
| NPRM Comment Period End | 08/21/00 | |
| Final Action | 03/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
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
4109. ADMINISTRATIVE PROCEDURES FOR IMPOSING PENALTIES FOR FALSE OR MISLEADING STATEMENTS (784F)
Regulatory Plan:
This entry is Seq. No. 161 in part II of this issue of the Federal Register.
RIN:
0960-AF20
4110. CREDIT BUREAU REPORTING AND ADMINISTRATIVE OFFSET FOR SSI OVERPAYMENTS (795F)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
31 USC 3711(f); 31 USC 3716; 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.
| Action | Date | FR Cite |
| NPRM | 10/23/00 | 65 FR 63221 |
| NPRM Comment Period End | 12/22/00 | |
| Final Action | 11/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Patricia Hora, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7183
RIN:
0960-AF31
4111. IMPLEMENTING THE REDESIGNED DISABILITY PROCESS (816F)
Regulatory Plan:
This entry is Seq. No. 162 in part II of this issue of the Federal Register.
RIN:
0960-AF44
4112. ¤ FILING OF APPLICATIONS AND RELATED FORMS (797F)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 402(i); 42 USC 402(j); 42 USC 402(o); 42 USC 402(p); 42 USC 402(r); 42 USC 405; 42 USC 416(i)(2); 42 USC 423(b); 42 USC 428(a); 42 USC 902(a)(5)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 404.610; 20 CFR 404.611; 20 CFR 422.505
Legal Deadline:
None
Abstract:
We will include language that explains the Internet applications completed on SSA's website and submitted to SSA are prescribed applications for filing for social security benefits. We plan to incorporate an explanation that once SSA has an approved electronic signature method in place, the signature method will be included as part of the Internet application process and will be required for the applications.
| Action | Date | FR Cite |
| NPRM | 08/17/01 | 66 FR 43136 |
| NPRM Comment Period End | 10/16/01 | |
| Final Action | 02/00/02 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Lola Doyle, Social Insurance Specialist, Social Security Administration, Office of Program Benefits, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-5899
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-AF52
4113. ¤ COLLECTION OF SUPPLEMENTAL SECURITY INCOME OVERPAYMENTS FROM TITLE VIII BENEFITS (819F)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
42 USC 902; 42 USC 1320b-17; 42 USC 1382(b)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 416.570; 20 CFR 416.572
Legal Deadline:
None
Abstract:
We plan to modify our rules for dealing with the recovery of Supplemental Security Income (SSI) benefit overpayments under title XVI of the Social Security Act (the Act). The final rules would implement statutory authority for SSA to recover SSI overpayments by adjusting the amount of special veterans benefits payable under title VIII of the Act. (Title VIII provides monthly benefits to certain World War II veterans residing outside the United States.) This collection practice would be used when the overpaid individual is no longer eligible for SSI cash benefits. Also, the amount of the SSI overpayment recoverable in a month would be limited to 10 percent of the benefit payable in a month under title VIII unless a different rate of collection is requested and approved or the overpaid person (or that person's spouse) willfully misrepresented or concealed information in connection with the overpayment. In cases of misrepresentation or concealment, the entire title VIII benefit would be subject to adjustment to recover the overpayment.
| Action | Date | FR Cite |
| NPRM | 07/26/01 | 66 FR 38963 |
| NPRM Comment Period End | 09/24/01 | |
| Final Action | 01/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Robert J. Augustine, Social Insurance Specialist, Social Security Administration, Office of International Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 966-0020
Patricia Hora, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-7183
RIN:
0960-AF53
4114. ¤ SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND AND DISABLED; STUDENT CHILD EARNED INCOME EXCLUSION (865F)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 902(a)(5); 42 USC 1381a; 42 USC 1382; 42 USC 1382a; 42 USC 1382b; 42 USC 1382c(f); 42 USC 1382j; 42 USC 1383
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 416.1161
Legal Deadline:
None
Abstract:
The monthly and yearly SSI student earned income exclusion (SEIE) amounts were increased for eligible children based on final rules published December 29, 2000. Those final rules should have made the same increase for ineligible children for purposes of deeming calculations, but it was inadvertently not included. Under SSA's longstanding rules, the same SEIE amounts have applied to the income of both eligible and ineligible children. These rules will apply the same increase made in the SEIE to ineligible children as for eligible children.
| Action | Date | FR Cite |
| Final Action | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
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
Cynthia Pullen-Carroll, Social Insurance Specialist, Social Security Administration, Office of Process and Innovation Management, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-3691
RIN:
0960-AF60
4115. COMPUTATION OF SSI BENEFITS FOR THE FIRST THREE MONTHS OF PAYMENT (476P)
Agency:
Social Security Administration (SSA)
Priority:
Substantive, Nonsignificant
Legal Authority:
42 USC 902(a)(5); 42 USC 1382(c)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 416.420
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 o