Rescission of Social Security Ruling 91-3p: Policy Interpretation Ruling Title II: Determining Entitlement to Disability Benefits for Months Prior to January 1991 for Widows, Widowers and Surviving Divorced Spouses Claims, 24769 [2017-10962]

Download as PDF 24769 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices Number of respondents Modality of completion Average burden per response (minutes) Frequency of response Estimated total annual burden (hours) SSA–8510 (also saved under OMB No. 0960-0707) ...................................... 800 1 5 67 Totals ........................................................................................................ 17,700 ........................ ........................ 2,525 Dated: May 23, 2017. Naomi R. Sipple, Reports Clearance Officer, Social Security Administration. [FR Doc. 2017–10969 Filed 5–26–17; 8:45 am] BILLING CODE 4191–02–P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2017–0016] Rescission of Social Security Ruling 91–3p: Policy Interpretation Ruling Title II: Determining Entitlement to Disability Benefits for Months Prior to January 1991 for Widows, Widowers and Surviving Divorced Spouses Claims Social Security Administration. Notice of rescission of Social Security Ruling, 91–3p. AGENCY: ACTION: In accordance with 20 CFR 402.35(b)(1), the Acting Commissioner of Social Security gives notice of the rescission of Social Security Ruling (SSR) 91–3p. DATES: Effective Date: This rescission will be effective May 30, 2017. FOR FURTHER INFORMATION CONTACT: Chris Grovich, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 966–1696 or TTY 410–966–5609, for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772– 1213 or TTY 1–800–325–0778, or visit our Internet site, Social Security Online, at https://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Through SSRs, we make available to the public precedential decisions relating to the Federal old-age, survivors, disability, supplemental security income, and special veterans benefits programs. We may base SSRs on determinations or decisions made at all levels of administrative adjudication, Federal court decisions, Commissioner’s decisions, opinions of the Office of General Counsel, or other interpretations of the law and regulations. Widows, widowers, and surviving divorced spouses (hereinafter referred to as widows) who are disabled and sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:59 May 26, 2017 Jkt 241001 between age 50 and 60 may be entitled to disability insurance benefits based on a deceased spouse’s earnings record. We sometimes refer to these benefits as disabled widows’ benefits or widows’ disability benefits. Before Congress enacted the Omnibus Budget Reconciliation Act (OBRA) of 1990,1 we used a special standard to determine disability in claims for disabled widows’ benefits that differed from the standard we used in other title II disability claims. Section 5103 of OBRA 2 amended the Social Security Act (Act) by making the standard used to determine disability for disabled widows’ benefits payable in months after December 1990 identical to the standard used in other title II disability claims. However, we still used the special pre-OBRA standard to determine disability for disabled widows’ benefits payable for months prior to January 1991.3 Between 1989 and 1991, several United States Courts of Appeals found that the pre-OBRA standard we used was underinclusive in its adjudicatory criteria, and that the Act required consideration of functional limitations in determining entitlement to disabled widow’s benefits. As a result of those court decisions, we revaluated our interpretation of the pre-OBRA standard and published SSR 91–3p, which directed adjudicators to apply the interpretation of the pre-OBRA standard set out in the SSR when determining disability for disabled widows’ benefits payable for months prior to January 1991. By statute, entitlement to disabled widows’ benefits cannot be established more than 12 months prior to the filing of an application for such benefits.4 We are rescinding SSR 91–3p as obsolete because a new application for disabled widows’ benefits cannot establish entitlement to these benefits prior to January 1991, and we have no pending applications that involve entitlement to disabled widows’ benefits for months prior to January 1991. 1 Public Law 101–508, 104 Stat. 1388. Stat. at 1388–251. 3 Section 5103(e) of Public Law 101–508, 104 Stat. at 1388–253. 4 42 U.S.C. 402(j)(1)(A). 2 104 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social SecurityRetirement Insurance, and 96.004 Social Security-Survivors Insurance) Nancy A. Berryhill, Acting Commissioner of Social Security. [FR Doc. 2017–10962 Filed 5–26–17; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Representatives of the Administrator Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew a previously approved information collection. The collection of information is for the purpose of obtaining essential information concerning the applicant’s professional and personal qualifications. The FAA uses the information provided to screen and select designees who act as representatives of the FAA Administrator in performing various certification and examination functions under Title VI of Federal Aviation Act. DATES: Written comments should be submitted by June 29, 2017. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/FAA, and sent via electronic mail to oira_ submission@omb.eop.gov, or faxed to (202) 395–6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503. SUMMARY: E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

Social Security Administration

[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Page 24769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10962]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2017-0016]


Rescission of Social Security Ruling 91-3p: Policy Interpretation 
Ruling Title II: Determining Entitlement to Disability Benefits for 
Months Prior to January 1991 for Widows, Widowers and Surviving 
Divorced Spouses Claims

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Ruling, 91-3p.

-----------------------------------------------------------------------

SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Acting 
Commissioner of Social Security gives notice of the rescission of 
Social Security Ruling (SSR) 91-3p.

DATES: Effective Date: This rescission will be effective May 30, 2017.

FOR FURTHER INFORMATION CONTACT: Chris Grovich, Office of Disability 
Policy, Social Security Administration, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 966-1696 or TTY 410-966-5609, for 
information about this notice. For information on eligibility or filing 
for benefits, call our national toll-free number, 1-800-772-1213 or TTY 
1-800-325-0778, or visit our Internet site, Social Security Online, at 
https://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: Through SSRs, we make available to the 
public precedential decisions relating to the Federal old-age, 
survivors, disability, supplemental security income, and special 
veterans benefits programs. We may base SSRs on determinations or 
decisions made at all levels of administrative adjudication, Federal 
court decisions, Commissioner's decisions, opinions of the Office of 
General Counsel, or other interpretations of the law and regulations.
    Widows, widowers, and surviving divorced spouses (hereinafter 
referred to as widows) who are disabled and between age 50 and 60 may 
be entitled to disability insurance benefits based on a deceased 
spouse's earnings record. We sometimes refer to these benefits as 
disabled widows' benefits or widows' disability benefits. Before 
Congress enacted the Omnibus Budget Reconciliation Act (OBRA) of 
1990,\1\ we used a special standard to determine disability in claims 
for disabled widows' benefits that differed from the standard we used 
in other title II disability claims. Section 5103 of OBRA \2\ amended 
the Social Security Act (Act) by making the standard used to determine 
disability for disabled widows' benefits payable in months after 
December 1990 identical to the standard used in other title II 
disability claims. However, we still used the special pre-OBRA standard 
to determine disability for disabled widows' benefits payable for 
months prior to January 1991.\3\
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    \1\ Public Law 101-508, 104 Stat. 1388.
    \2\ 104 Stat. at 1388-251.
    \3\ Section 5103(e) of Public Law 101-508, 104 Stat. at 1388-
253.
---------------------------------------------------------------------------

    Between 1989 and 1991, several United States Courts of Appeals 
found that the pre-OBRA standard we used was underinclusive in its 
adjudicatory criteria, and that the Act required consideration of 
functional limitations in determining entitlement to disabled widow's 
benefits. As a result of those court decisions, we revaluated our 
interpretation of the pre-OBRA standard and published SSR 91-3p, which 
directed adjudicators to apply the interpretation of the pre-OBRA 
standard set out in the SSR when determining disability for disabled 
widows' benefits payable for months prior to January 1991.
    By statute, entitlement to disabled widows' benefits cannot be 
established more than 12 months prior to the filing of an application 
for such benefits.\4\ We are rescinding SSR 91-3p as obsolete because a 
new application for disabled widows' benefits cannot establish 
entitlement to these benefits prior to January 1991, and we have no 
pending applications that involve entitlement to disabled widows' 
benefits for months prior to January 1991.
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    \4\ 42 U.S.C. 402(j)(1)(A).

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security-Retirement Insurance, and 96.004 Social Security-Survivors 
---------------------------------------------------------------------------
Insurance)

Nancy A. Berryhill,
Acting Commissioner of Social Security.
[FR Doc. 2017-10962 Filed 5-26-17; 8:45 am]
BILLING CODE 4191-02-P

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