SOCIAL SECURITY ADMINISTRATION (SSA)

Priority:

Substantive, Nonsignificant

Legal Authority:

3493. DEFINITION OF "LARGEST BENEFIT AMOUNT" FOR SIMULTANEOUS ENTITLEMENT TO CHILD'S BENEFITS (481P)

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 endocrine 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 01/00/03

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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

3494. SUPPLEMENTAL STANDARDS FOR ETHICAL CONDUCT FOR EMPLOYEES OF THE SOCIAL SECURITY ADMINISTRATION (601P)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 402(k); 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 404.304; 20 CFR 404.353(b); 20 CFR 404.407(d)

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 determined under section 202(d)(2) of the Act (42 U.S.C. 402(d)(2)) (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. Some courts adopted a different 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 on the matter. We propose to clarify these regulations to reflect only the longstanding SSA interpretation.

Timetable:

Action Date FR Cite

NPRM 02/00/03

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
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-AD95

3495. DEEMING OF INCOME FROM AN INELIGIBLE SPOUSE TO AN ELIGIBLE INDIVIDUAL AND AN ELIGIBLE CHILD (606P)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC APP (Ethics in Government Act of 1978); 5 USC 7301; 5 USC 7353

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

5 CFR ch LXXXI (New)

Legal Deadline:

None

Abstract:

The Social Security Administration (SSA), with the concurrence of the Office of Government Ethics (OGE), proposes to issue regulations for officers and employees of SSA that supplement the OGE Standards of Ethical Conduct for Employees of the Executive Branch, which became effective February 3, 1993. The proposed rule specifies procedural and substantive requirements that are necessary to address ethical issues unique to SSA.

Timetable:

Action Date FR Cite

NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

Undetermined

Agency Contact:

Stuart M. Besser, Attorney, Social Security Administration, Office of the General Counsel, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-3194
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-AE48

3496. 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)

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 416.1160; 20 CFR 416.1165; 20 CFR 416.1166

Legal Deadline:

None

Abstract:

This rule would revise the method used under the SSI program to determine income for a child who lives with both parents where one parent is ineligible for SSI because of income deemed from an ineligible spouse. Instead of deeming any excess income from the ineligible spouse to the child, referred to as "pass-through deeming," we would deem income to the child using the method we use where neither parent files for SSI. Under current rules, "pass-through" deeming has had the unintended effect of deeming more income than would have been deemed if the regular rules for deeming from ineligible parents who do not file for SSI are used.

Timetable:

Action Date FR Cite

NPRM 02/00/03

Regulatory Flexibility Analysis Required:

Government Levels Affected:

Undetermined

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-AE50

3497. ENFORCEMENT OF NONDISCRIMINATION IN SOCIAL SECURITY PROGRAMS OR ACTIVITIES (661P)

Priority:

Substantive, Nonsignificant

Legal Authority:

20 USC 1405; 29 USC 794; 42 USC 290dd-2; 42 USC 902(a)(5); 42 USC 2000d-1; 42 USC 6101

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

20 CFR 431

Legal Deadline:

None

Abstract:

Prior to March 31, 1995, SSA was an operating component of HHS and the general regulatory authority for SSA programs and administration was vested in the Secretary of Health and Human Services (the Secretary) based on section 1102 of the Social Security Act (the Act) (42 U.S.C. 1302). The Social Security Independence and Program Improvements Act (SSIPIA) established SSA as an independent agency in the Executive Branch of the Federal Government effective March 31, 1995, and vested general regulatory authority in the Commissioner of Social Security (the Commissioner). Under section 106(b) of SSIPIA, HHS regulations in effect immediately prior to March 31, 1995, which relate to functions now vested in the Commissioner by reason of SSA's independence, continue to apply to SSA until such time as they are modified, suspended, terminated or repealed by the Commissioner. SSA is promulgating regulations at 20 CFR part 431, which are based in large measure upon the HHS regulations at 45 CFR parts 80, 81, 84, 85, 90, and 91. These SSA regulations reflect changes necessary to adapt the HHS regulations to SSA procedures. Upon SSA's rules becoming final regulations, the HHS regulations will cease to have application to SSA in accordance with section 106(b) of SSIPIA.

Timetable:

Action Date FR Cite

NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Eileen Houghton, Attorney, Social Security Administration, Office of the General Counsel, 6401 Security Bouleveard, Baltimore, MD 21235-6401
Phone: 410 965-4816
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-AE63

3498. PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION (711P)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 902(a)(5); 42 USC 1302; PL 103-296

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

20 CFR 431.100; 20 CFR 431.215; 20 CFR 431.220; 20 CFR 431.225; 20 CFR 431.230; 20 CFR 431.235; 20 CFR 431.240; 20 CFR 431.105; 20 CFR 431.110; 20 CFR 431.115; 20 CFR 431.120; 20 CFR 431.125; 20 CFR 431.130; 20 CFR 431.135; 20 CFR 431.140; 20 CFR 431.145; 20 CFR 431.150; 20 CFR 431.160; 20 CFR 431.200; 20 CFR 431.205; 20 CFR 431.210

Legal Deadline:

None

Abstract:

These proposed regulations are intended to ensure that individuals are not subjected to discrimination on the basis of disability, race, color, national origin, sex, age, or religion in any program or activity conducted by SSA.

Timetable:

Action Date FR Cite

NPRM 12/00/02

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-AE78

3499. 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:

Other Significant

Legal Authority:

5 USC 552; 5 USC 552a; 42 USC 1306(a); 42 USC 902(a)(5)

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

20 CFR 401.30; 20 CFR 401.45; 20 CFR 401.55; 20 CFR 401.150; 20 CFR 401.180

Legal Deadline:

None

Abstract:

We propose to revise our privacy and disclosure rules to:
1. Describe safeguards against inappropriate disclosure of personal information when individuals request information about themselves by electronic means (e.g., through the Internet);
2. Revise our special procedures on an individual's access to medical records;
3. Add a new section to grant direct access to a minor's medical records by the minor's parent or legal guardian acting on the minor's behalf; and
4. Fully describe the role and function of the Privacy Officer.

Timetable:

Action Date FR Cite

NPRM 08/00/02
Final Action 02/00/03

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Chris W. Johnson, Social Insurance Specialist, Social Security Administration, Office of Disclosure Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-8563
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-AE88

3500. 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; 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 would enable the Social Security Administration (SSA) to collect from Federal salaries qualifying, delinquent title II and title XVI overpayment debts owed by former beneficiaries who are currently Federal employees. The debt collection would be accomplished by the partial reduction of the employee's disposable salary.

Timetable:

Action Date FR Cite

NPRM 03/00/03

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
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-AE89

3501. 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:

Other Significant

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 404.903; 20 CFR 416.1403; 20 CFR 422.311; 20 CFR 422.312; 20 CFR 422.317

Legal Deadline:

None

Abstract:

This initiative will enable the Social Security Administration (SSA) to use administrative wage garnishment to collect administrative debts and to collect qualifying, delinquent titles II and XVI overpayment debts owed by former beneficiaries who are now employed in other than Federal employment. 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 08/00/02
Final Action 12/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

State, Local, Tribal

Agency Contact:

RIN:

0960-AE92

3502. MEDICAL EQUIVALENCE FOR ADULTS AND CHILDREN (787P)

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 Disability Insurance (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 received 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 12/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Jack Baumel, Social Insurance Specialist, Social Security Administration, Office of Employment Support programs, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9834
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

Priority:

Substantive, Nonsignificant

Legal Authority:

3503. EXPEDITED REINSTATEMENT OF DISABILITY BENEFITS (TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT) (790P)

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:

This notice of proposed rulemaking will clarify that we will consider the medical severity of the individual's impairment, based on all relevant evidence in the case record when we make a finding regarding medical equivalence. 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

NPRM 12/00/02

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
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-AF19

3504. SSI TRUSTS AND TRANSFERS OF RESOURCES (791P)

Priority:

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

Legal Authority:

42 USC 423(i); 42 USC 1383(p)

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

Not Yet Determined

Legal Deadline:

None

Abstract:

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 of termination because his or her disability prevents work activity. Section 112 also provides for payment of provisional benefits for up to six months until SSA makes a determination on the requester's entitlement to reinstated benefits.

Timetable:

Action Date FR Cite

NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

0960-AF21

3505. REVISED MEDICAL CRITERIA FOR EVALUATING GENITOURINARY DISORDERS (802P)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 1382a(a); 42 USC 1382b(c); 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:

We propose to 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

NPRM 11/00/02

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
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-AF22

Priority:

Substantive, Nonsignificant

Legal Authority:

3506. REVISED MEDICAL CRITERIA OF EVALUATING IMPAIRMENTS AFFECTING MULTIPLE BODY SYSTEMS (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 propose to revise the criteria in the Listing of Impairments (the Listings) that we use to evaluate genitourinary 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 genitourinary impairments.

Timetable:

Action Date FR Cite

NPRM 11/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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-AF30

Priority:

Substantive, Nonsignificant

Legal Authority:

3507. REVISED MEDICAL CRITERIA FOR EVALUATING SPECIAL SENSES AND SPEECH DISORDERS (805P)

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 that we use to evaluate claims involving impairments affecting multiple body systems. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act. The proposed revisions reflect current medical knowledge, treatment, and methods of evaluating impairments affecting multiple body systems.

Timetable:

Action Date FR Cite

NPRM 10/00/02

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

Priority:

Substantive, Nonsignificant

Legal Authority:

3508. 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)

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 that we use to evaluate claims involving special senses and speech disorders. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act. The proposed revisions reflect advances in medical knowledge, treatment, and methods of evaluating special senses and speech disorders.

Timetable:

Action Date FR Cite

NPRM 03/00/03

Regulatory Flexibility Analysis Required:

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

3509. WAGE REPORTS AND PENSION INFORMATION (809P)

Priority:

Substantive, Nonsignificant

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 4215; 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 whether a claimant is able to do his or her past relevant work at step 4 of the sequential evaluation process.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

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

3510. FILING CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES CLAIMS ACT (785P)

Priority:

Substantive, Nonsignificant

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 (paper Forms W-2, "Wage and Tax Statement," and W-3 "Transmittal of Income and Tax Statements," or equivalent W-2 and W-3 magnetic media or electronic reports) submitted annually by employers. We are proposing to eliminate the acceptance level for wage reports with unidentified or incorrectly identified wage items. We are proposing including electronic filing as a means of wage reporting. Also, we propose replacing references to obsolete technical instruction bulletins with Magnetic Media Reporting and Electronic Filing instructions. We have updated form names and updated the address for obtaining a publication. These rules are intended to ensure that wages are reported to SSA with accurate information so that earnings can be properly credited to employees' Social Security records.

Timetable:

Action Date FR Cite

NPRM 08/00/02

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

3511. DISABILITY INSURANCE PROGRAM DEMONSTRATION PROJECT AUTHORITY (TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999) (789P)

Priority:

Substantive, Nonsignificant

Legal Authority:

28 USC 2672; 31 USC 3721

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.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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

3512. 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 Disability Insurance (SSDI) beneficiaries with disabilities who want to work have the opportunity to do so. Section 301 of Public Law 106-170 provides 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 01/00/03

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

Undetermined

Federalism:

Undetermined

Agency Contact:

John Kearney, Social Insurance Specialist, Social Security Administration, Office of Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-6386
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-AF41

3513. REVISIONS TO THE MEDICAL-VOCATIONAL GUIDELINES (823P)

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 416.207; 20 CFR 416.421; 20 CFR 416.640; 20 CFR 416.1231; 20 CFR 416.1242; 20 CFR 416.1245; 20 CFR 416.1247; 20 CFR 416.1320; 20 CFR 416.1321; 20 CFR 416.1335; 20 CFR 416.1337; 20 CFR 416.1618

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 05/00/02
Final Action 09/00/02

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

3514. REVISED MEDICAL CRITERIA FOR EVALUATING CARDIOVASCULAR DISORDERS (826P)

Priority:

Substantive, Nonsignificant

Unfunded Mandates:

Undetermined

Legal Authority:

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

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.

Timetable:

Action Date FR Cite

NPRM 12/00/02

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
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

Priority:

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

Unfunded Mandates:

Undetermined

Legal Authority:

3515. REPRESENTATIVE PAYMENT UNDER TITLE II AND XVI OF THE SOCIAL SECURITY ACT (827P)

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 subpart P of our regulation (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 cause marked and severe functional limitations. We propose to revise the criteria that we use to evaluate cardiovascular impairments under the listings to reflect our program experience and advances in medical knowledge, treatment and methods of evaluating these disorders. 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 12/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

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

3516. 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)

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)

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. We recognized 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 09/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

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

3517. EXCLUSION OF ONE AUTOMOBILE FROM RESOURCES (835P)

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.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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-AF50

3518. EXCLUSION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER THE SUPPLEMENTAL SECURITY INCOME (SSI) PROGRAM (837P)

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.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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-AF51

3519. NON-PAYMENT OF MONTHLY SOCIAL SECURITY BENEFITS TO ALIENS RESIDING IN THE UNITED STATES WHO ARE NOT LAWFULLY PRESENT (849P)

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.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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-AF55

3520. DETERMINING DISABILITY FOR AN INDIVIDUAL WITH DRUG ADDICTION OR ALCOHOLISM (851P)

Priority:

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

Unfunded Mandates:

Undetermined

Legal Authority:

8 USC 1611(b)(2); 8 USC 1641; 42 USC 402(y)

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

20 CFR 404.401; 20 CFR 404.460; 20 CFR 404.481 (New); 20 CFR 404.482 (New); 20 CFR 404.483 (New); 20 CFR 404.485 (New); 20 CFR 404.486 (New); 20 CFR 404.487 (New); 20 CFR 404.488 (New); 20 CFR 404.489 (New); 20 CFR 404.490 (New)

Legal Deadline:

None

Abstract:

We propose to add rules to require evidence in our records of United States citizenship, status as a United States national or, in the case of an alien, lawful presence in the United States in order for an individual to receive benefits under title II of the Social Security Act while in the United States.

Timetable:

Action Date FR Cite

NPRM 09/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

Undetermined

Federalism:

Undetermined

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-AF56

3521. REVISED MEDICAL CRITERIA FOR EVALUATING RESPIRATORY SYSTEM DISORDERS (859P)

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 416.214; 20 CFR 416.262; 20 CFR 416.265; 20 CFR 416.535; 20 CFR 416.542; 20 CFR 416.544; 20 CFR 416.558; 20 CFR 416.601; 20 CFR 416.610; 20 CFR 416.925; 20 CFR 416.935; 20 CFR 416.1123; 20 CFR 416.1326; 20 CFR 416.1331; 20 CFR 416.1335; 20 CFR 416.1402; 20 CFR 416.1701; 20 CFR 416.1720; 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.

Timetable:

Action Date FR Cite

NPRM 09/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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

Priority:

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

Unfunded Mandates:

Undetermined

Legal Authority:

3522. SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS (880P)

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 propose to revise the criteria in the Listing of Impairments that we use to evaluate claims involving respiratory system disorders. The proposed revisions reflect advances in medical knowledge, treatment, and methods of evaluating respiratory disorders.

Timetable:

Action Date FR Cite

NPRM 01/00/03

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

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

3523. AMENDMENTS TO ANNUAL EARNINGS TEST REGULATIONS (866P)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 405(a); 42 USC 405(j); 42 USC 405(k); 42 USC 902(a)(5); 42 USC 1001 to 1013

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

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 5 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 WWII 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, and computing and paying benefits. We will be proposing additional subparts dealing with other aspects of the title VIII at a later date.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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

3524. REVISING THE RULES ON CONSIDERATION OF WORK HISTORY IN DETERMINING WHETHER AN INDIVIDUAL IS DISABLED (875P)

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.

Timetable:

Action Date FR Cite

NPRM 08/00/02

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-AF62

3525. REVISING THE RULES ON THE STEPS FOR EVALUATING DISABILITY (894P)

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.

Timetable:

Action Date FR Cite

NPRM 12/00/02

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

3526. COMPENSATION FOR QUALIFIED ORGANIZATIONS SERVING AS A REPRESENTATIVE PAYEE (846P)

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 404.1520; 20 CFR 416.920

Legal Deadline:

None

Abstract:

We propose to combine steps 4 and 5 of the current sequential evaluation process for evaluating disability into one step. Instead of having separate steps for determining whether a claimant can do any past relevant work and other work, we would have one step where we determine if a claimant can do any SGA at all. This would simplify the evaluation process and save time and resources.

Timetable:

Action Date FR Cite

NPRM 12/00/02

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-AF65

3527. � CLARIFICATION OF THE DISABILITY EXCLUSION (915P)

Priority:

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

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 405(j)(4)(B); 42 USC 1383(a)(2)(D)

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

20 CFR 404.2040a; 20 CFR 416.640a

Legal Deadline:

None

Abstract:

We are proposing to amend these regulations to further define "bonded or licensed in the State in which an organizational payee serves as representative payee." We are proposing to further define the amount of bonding necessary to provide adequate protection for our beneficiaries and the nature of licenses that are pertinent for a fee-for-service organization.

Timetable:

Action Date FR Cite

NPRM 09/00/02
Final Action 03/00/03

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Organizations, Governmental Jurisdictions

Government Levels Affected:

State, Local

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
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-AF66

3528. � SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS; REPRESENTATIVE PAYMENT, REPORTING REQUIREMENTS, SUSPENSION AND TERMINATION EVENTS, OVERPAYMENTS, AND ADMINISTRATIVE REVIEW PROCESS (922P)

Priority:

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

Unfunded Mandates:

Undetermined

Legal Authority:

42 USC 402; 42 USC 402(a); 42 USC 403(a); 42 USC 403(b); 42 USC 405(a); 42 USC 412 to 414; 42 USC 415 to 417; 42 USC 423; 42 USC 425; 42 USC 428(a) to 428(e); 42 USC 902(a)(5)

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

20 CFR 404.130(f); 20 CFR 404.211(b)(2); 20 CFR 404.211(e)(1); 20 CFR 404.320(a)

Legal Deadline:

None

Abstract:

These proposed rules amend our regulations at sections 404.130, 404.211 and 404.320 to clarify that if we count a prior period of disability in determining a person's insured status or benefit amount, the period of disability must be counted for both purposes. Similarly, if we exclude a prior period of disability when either determining insured status or the benefit amount, we must exclude it for both purposes.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

Undetermined

Agency Contact:

Ines Riley, Social Insurance Specialist, Social Security Administration, Office of Program Benefits, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-4138
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-AF71

3529. � ELIMINATION OF SANCTIONS FOR REFUSAL OF VOCATIONAL REHABILITATION SERVICES WITHOUT GOOD CAUSE AND ELIMINATION OF REFERRALS FOR VOCATIONAL REHABILITATION SERVICES (925P)

Priority:

Substantive, Nonsignificant

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 1104; 42 USC 1106

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

20 CFR 408.601; 20 CFR 408.610; 20 CFR 408.615; 20 CFR 408.620 to 408.622; 20 CFR 408.624; 20 CFR 408.625; 20 CFR 408.635; 20 CFR 408.640; 20 CFR 408.641; 20 CFR 408.645; 20 CFR 408.650; 20 CFR 408.655; 20 CFR 408.660; 20 CFR 408.665; 20 CFR 408.701; 20 CFR 408.704; 20 CFR 408.708; 20 CFR 408.710; 20 CFR 408.712; 20 CFR 408.714; 20 CFR 408.801 to 408.805; 20 CFR 408.810; 20 CFR 408.812; 20 CFR 408.814; 20 CFR 408.816; 20 CFR 408.818; 20 CFR 408.820; 20 CFR 408.900 to 408.905; 20 CFR 408.910 to 408.915; 20 CFR 408.918; 20 CFR 408.920; 20 CFR 408.922; 20 CFR 408.923; 20 CFR 408.930 to 408.933; 20 CFR 408.940 to 408.946; 20 CFR 408.1000 to 408.1007; 20 CFR 408.1009; 20 CFR 408.1011; 20 CFR 408.1013 to 408.1016; 20 CFR 408.1020 to 408.1022

Legal Deadline:

None

Abstract:

We propose to add 6 additional subchapters to part 408 (proposed) of our regulations. The title VIII program provides monthly benefits to certain World War II veterans who were previously eligible for supplemental security income payments under title XVI of the Act and reside outside the United States. These additional subparts would codify the title VIII requirements on representative payment, reporting responsibilities, suspension and termination events, overpayment and underpayment policies, and the administrative review process.

Timetable:

Action Date FR Cite

NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

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-AF72

3530. � CONTINUED PAYMENT OF BENEFITS TO CERTAIN INDIVIDUALS WHO MEDICALLY RECOVER WHILE PARTICIPATING IN CERTAIN VOCATIONAL REHABILITATION PROGRAMS (926P)

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; PL 106-170, sec 101(b)-(d)

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 are updating our regulations to reflect the repeal of the provisions of the Social Security Act (the Act) which provided for the imposition of benefit sanctions when a Social Security disability beneficiary or disabled or blind Supplemental Security Income (SSI) recipient refused vocational rehabilitation (VR) services without good cause. These provisions of the Act were repealed by section 101(b) of Public Law 106-170, the Ticket to Work and Work Incentives Improvement Act of 1999, effective January 1, 2002. These regulations will remove the provisions in our regulations relating to these sanctions. We also are amending our regulations to reflect the elimination of the provisions of the Act which provide for referral of Social Security disability beneficiaries and disabled or blind SSI recipients to State VR agencies for necessary rehabilitation services. As we gradually implement the Ticket to Work and Self-Sufficiency program under section 1148 of the Act in selected States, the provisions of the Act for referring beneficiaries and recipients to State VR agencies will cease to be in effect in those States as provided in sections 101(b), (c), and (d) of Public Law 106-170. Additionally, under section 101 of Public Law 106-170, the use of alternate participants under the reimbursement programs under title II and title XVI of the Act will be phased out in the States as the Ticket to Work program is implemented. The regulations will reflect this phase-out of the use of alternate participants.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

State

Agency Contact:

Mel Winer, Social Insurance Specialist, Social Security Administration, Office of Employment Support Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401
Phone: 410 965-9175
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-AF74

Priority:

Other Significant

Legal Authority: