Social Security Administration – Federal Register Recent Federal Regulation Documents
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Security and Suitability Files
We are issuing a final rule to exempt a system of records entitled Security and Suitability Files. This final rule also removes two systems of records listed in our exemptions, but which do not exist, and will replace them with a new exemption for this specified system of records from specific provisions of the Privacy Act.\1\
Social Security Ruling, SSR 19-4p; Titles II and XVI: Evaluating Cases Involving Primary Headache Disorders
We are providing notice of SSR 19-4p. This SSR provides guidance on how we establish that a person has a medically determinable impairment of a primary headache disorder and how we evaluate primary headache disorders in disability claims under titles II and XVI of the Social Security Act.
Social Security Ruling 19-3p; Titles II and XVI: Requesting Reconsideration or Hearing by an Administrative Law Judge
We are giving notice of SSR 19-3p. This SSR explains the two options available to claimants appealing our determinations that they are not disabled based on medical factors. In this SSR, we explain both the paper and electronic appeal options for requesting reconsideration or a hearing by an administrative law judge (ALJ), and the similarities and differences between these two options. We explain these options to help claimants make informed decisions when deciding whether to use the paper appeal or electronic appeal option to request reconsideration or a hearing.
Revised Medical Criteria for Evaluating Digestive Disorders and Skin Disorders
We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving digestive and skin disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our adjudicative experience, advances in medical knowledge, and comments we received from experts and the public in response to two advance notices of proposed rulemaking (ANPRM).
Notice of an Initial Enrollment Period for Our Electronic Consent Based Social Security Number Verification Service
The Social Security Administration (SSA) is announcing the initial enrollment period for a new electronic Consent Based Social Security Number (SSN) Verification (eCBSV) service. SSA will roll out the service to a limited number of users in June 2020, and plans on expanding the number of users within six months of the initial rollout. All interested permitted entities must apply during this initial enrollment period to be eligible to use the new eCBSV service during either the initial rollout or subsequent planned expansion. Permitted entities that do not apply during the initial enrollment period must wait until the next designated period after the planned expansion to apply for enrollment. The initial enrollment period for permitted entities will begin on July 17, 2019, and remain open until the period closes on July 31, 2019. In accord with statutory requirements, permitted entities will be required to provide payment to build the new eCBSV system.
Privacy Act of 1974; System of Records; Correction
The Social Security Administration published a System of Records Notice (SORN) in the Federal Register on Monday, April 15, 2019 concerning the Mass Emergency Notification System. That document contained an incorrect SORN number. This notice corrects that error.
Social Security Ruling, SSR 19-2p; Titles II and XVI: Evaluating Cases Involving Obesity
We are providing notice of SSR 19-2p. This SSR provides guidance on how we establish that a person has a medically determinable impairment of obesity and how we evaluate obesity in disability claims under Titles II and XVI of the Social Security Act.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the States, including tribal agencies and United States (U.S.) territories.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces new matching program with the Law Enforcement Agency (Source Jurisdiction). The purpose of this agreement is to establish the terms, conditions, and safeguards under which SSA will conduct a computer matching program with Source Jurisdiction in accordance with the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, and the regulations and guidance promulgated thereunder, to identify individuals in the Source Jurisdiction who are (1) fleeing fugitive felons, parole violators, or probation violators, as defined by the Social Security Act (Act) and in accordance with the Martinez Settlement and the Clark Court Order, as defined below; and who are also (2) Supplemental Security Income (SSI) recipients, Retirement, Survivors and Disability Insurance (RSDI) beneficiaries, Special Veterans Benefit (SVB) beneficiaries, or representative payees for SSI recipients, RSDI beneficiaries, or SVB beneficiaries.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act and our disclosure regulations we are issuing public notice of our intent to establish a new system of records entitled, Program Litigation File System (60- 0278). This notice publishes details of the new system as set forth under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to modify an existing system of records entitled, Completed Determination RecordContinuing Disability Determinations, (60-0050), last published in January 11, 2006. This notice publishes details of the proposed updates as set forth below under the caption SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces new matching program with the Department of Defense, Defense Manpower Data Center (DoD/DMDC). This computer matching agreement (agreement) sets forth the terms, conditions, and safeguards under which DoD/DMDC will disclose to SSA data to verify information provided to SSA by applicants, beneficiaries, and recipients of Supplemental Security Income (SSI) payments and Special Veterans Benefits (SVB). The SSI and SVB recipient/beneficiary provides information about eligibility/ entitlement factors (e.g., income, reosurces, living arrangements). SSA obtains additional information, as necessary, before making any determinations of eligibility/payment or entitlement/benefit amounts or adjustments thereto. Military retirement payments to SSI recipients and SVB beneficiaries include retired members, or their survivors, of the Uniformed Services, i.e., Army; Navy; Air Force; Marine Corps; Coast Guard; and the Commissioned Corps of the National Oceanic and Atmospheric Administration. SSA will accomplish this task by computer matching with DoD/DMDC.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, Mass Emergency Notification System (MENS) (60-0386), hereinafter called the MENS Record System. This notice publishes details of the new system as set forth under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; System of Records; Extension of Comment Period
We are extending the comment period for a previously published Notice of a new system of records, due to the inability of the public to comment from the day the notice published on March 13, 2019, until March 25, 2019. Accordingly, we are extending the comment period by 12 days for the new system of records entitled, Travel and Border Crossing Records (60-0389).
Public Availability of Social Security Administration Fiscal Year (FY) 2017 Service Contract Inventory
In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010, we are publishing this notice to advise the public of the availability of the FY 2017 Service Contract inventory. This inventory provides information on FY 2017 service contract actions over $25,000. We organized the information by function to show how we distribute contracted resources throughout the agency. We developed the inventory in accordance with guidance issued on December 19, 2011 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at https://obamawhitehouse.archives.gov/sites/default/files/omb/ procurement/memo/service-contract-inventory-guidance.pdf. You can access the inventory and summary of the inventory on our homepage at the following link: https://www.socialsecurity.gov/sci.
Social Security Ruling 19-1p; Titles II and XVI: Effect of the Decision in Lucia v. Securities and Exchange Commission (SEC) On Cases Pending at the Appeals Council
We are giving notice of SSR 19-1p. This ruling explains how we will adjudicate cases pending at the Appeals Council in which the claimant has raised a timely challenge to the appointment of an administrative law judge (ALJ) under the Appointments Clause of the United States Constitution in light of the Supreme Court's recent 2018 decision in Lucia v. SEC.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, Travel and Border Crossing Records (60-0389). This notice publishes details of the new system as set forth under the caption, SUPPLEMENTARY INFORMATION.
Agreement on Social Security Between the United States and Iceland; Entry Into Force
We are giving notice that an agreement coordinating the United States (U.S.) and Icelandic social security programs will go into force effective on March 1, 2019. The Agreement with Iceland, which was signed on September 27, 2016, is similar to U.S. social security agreements already in force with 29 other countriesAustralia, Austria, Belgium, Brazil, Canada, Chile, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Korea (South), Luxembourg, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. Section 233 of the Social Security Act authorizes agreements of this type.
Prohibiting Persons With Certain Criminal Convictions From Serving as Representative Payees
We are finalizing our proposed regulations on conducting background checks to prohibit persons convicted of certain crimes from serving as representative payees under the Social Security Act (Act), as required by the Strengthening Protections for Social Security Beneficiaries Act of 2018.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Office of Personnel Management (OPM). This matching agreement sets forth the terms, conditions, and safeguards under which OPM will provide SSA with civil service benefit and payment data. This disclosure will provide SSA with information necessary to verify an individual's self-certification of eligibility for the Extra Help with Medicare Prescription Drug Plan Costs program (Extra Help). It will also enable SSA to identify individuals who may qualify for Extra Help as part of its Medicare outreach efforts.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Office of Personnel Management (OPM). The agreement between SSA and OPM sets forth the terms, conditions, and safeguards under which OPM will disclose civil service benefit and payment data to SSA. SSA is legally required to offset specific benefits by a percentage of civil service benefits received (Spousal and Survivors benefits, Supplemental Security Income (SSI) benefits, and Retirement and Disability Insurance Benefits are offset by a percentage of the recipients own Federal Government pension benefits). SSA administers the Old Age, Survivors, Disability Insurance (OASDI), SSI, and Special Veterans' Benefits (SVB) programs. SSA will use the match results under this agreement to meet its civil service benefit offset obligations. Appendices A, B, C, and D of this agreement contain specific information on the matching programs that SSA will conduct under this agreement. SSA's Office of the Chief Actuary (OCA) will also use OPM's data for statistical and research purposes in tracking the size of, and impact on, subpopulations of government annuitants affected by the Government Pension Offset (GPO), the Windfall Elimination Provision (WEP), and in cost estimates of proposals to change the two provisions.
Removing Inability To Communicate in English as an Education Category
We propose to eliminate the education category ``inability to communicate in English'' when we evaluate disability claims for adults under titles II and XVI of the Social Security Act (Act). Changes in the national workforce since we added this category to our rules in 1978 demonstrate that this education category is no longer a reliable indicator of an individual's educational attainment or the vocational impact of an individual's education. The proposed revisions reflect research and data related to English language proficiency, work, and education; expansion of the international reach of our disability programs; and audit findings by our Office of the Inspector General (OIG). The proposed revisions would help us better assess the vocational impact of education in the disability determination process.
Notice on Penalty Inflation Adjustments for Civil Monetary Penalties
The Social Security Administration is giving notice of its updated maximum civil monetary penalties. These amounts are effective from January 15, 2019 through January 14, 2020. These figures represent an annual adjustment for inflation. The updated figures and notification are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act).
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to establish a new system of records entitled the Disability Analysis File (DAF) and the National Beneficiary Survey (NBS) Data System, (60-0382). This notice publishes details of the system as set forth under the caption SUPPLEMENTARY INFORMATION.
Rate for Assessment on Direct Payment of Fees to Representatives in 2019
We are announcing that the assessment percentage rate under the Social Security Act (Act) is 6.3 percent for 2019.
Consideration of Pain in the Disability Determination Process
We are soliciting public input to ensure that the manner in which we consider pain in adult and child disability claims under titles II and XVI of the Social Security Act (Act) remains aligned with contemporary medicine and health care delivery practices. Specifically, we are requesting public comments and supporting data related to the consideration of pain and documentation of pain in the medical evidence we use in connection with claims for benefits. We will use the responses to the questions below and any relevant research and data we obtain or receive to determine whether and how we should propose revisions to our current policy regarding the evaluation of pain.
Agreement on Social Security Between the United States and Slovenia; Entry Into Force
We are giving notice that an agreement coordinating the United States (U.S.) and Slovenian social security programs will go into force effective on February 1, 2019. The Agreement with Slovenia, which was signed on January 17, 2017, is similar to U.S. social security agreements already in force with 28 other countriesAustralia, Austria, Belgium, Brazil, Canada, Chile, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Korea (South), Luxembourg, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. Section 233 of the Social Security Act authorizes agreements of this type.
Review and Reassessment of the Social Security Administration's (SSA) Representative Payee Selection and Replacement Policies
We are requesting information on the appropriateness of our order of preference lists for selecting representative payees (payees) and the effectiveness of our policy and operational procedures in determining when to change a payee. We are seeking this information to determine whether and how we should make any changes to our representative payee program to help ensure that we select suitable payees for our beneficiaries.
Notice Announcing Addresses for Service of Process
Our Office of the General Counsel (OGC) is responsible for processing and handling summonses and complaints in lawsuits involving judicial review of our final decisions on individual claims for benefits under titles II, VIII, and XVI of the Social Security Act (Act). This notice sets out the names and current addresses of those offices and the jurisdictions for which each office has responsibility.
Modifications to the Disability Determination Procedures; End of the Single Decisionmaker Test and Extension of the Prototype Test
We are announcing the end of the ``single decisionmaker'' test, consistent with our notice in the Federal Register in 2016, in which we said that we would end the test by December 28, 2018. This notice also extends the separate ``prototype'' test until its cessation in June 2020.
Social Security Administration Violence Evaluation and Reporting System
We are issuing a final rule to exempt a system of records entitled Social Security Administration Violence Evaluation and Reporting System (SSAvers) from certain provisions of the Privacy Act because this system will contain investigatory material compiled for law enforcement purposes.
Removal of Alternate Participant Program
We are removing from the Code of Federal Regulations (CFR) our ``Alternate Participant Program'' rules because they are obsolete. We are removing these rules in accordance with the requirements of Executive Order (E.O.) 13777.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces new matching program with the Centers for Medicare & Medicaid Services (CMS). This agreement establishes the terms, and conditions, and safeguards under which CMS will disclose to SSA certain individuals' admission and discharge information for care received in a nursing care facility. SSA will use this data to administer the Supplemental Security Income program efficiently and to identify Special Veterans' Benefits beneficiaries who are no longer residing outside of the United States.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, Requests for Waiver of Employee Salary Overpayments (60-0271). This notice publishes details of the system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, Security and Suitability Files (60-0377). This notice publishes details of the new system as set forth under the caption, SUPPLEMENTARY INFORMATION.
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