Social Security Disability Program Demonstration Project: Benefit Offset Pilot Demonstration, 75492-75494 [E8-29334]

Download as PDF 75492 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices RECORDKEEPING REQUIREMENTS Number of respondents Frequency of response 39 39 3,189 3,189 Maintenance of Authorization Forms ....................................................... Maintenance of Accounting Forms and Notices ...................................... Number of responses 124,371 124,371 Average burden per response (minutes) Estimated annual burden hours 3 3 6219 6219 Average burden per response (minutes) Estimated annual burden hours 7 2621 Average burden per response (hours) Estimated annual burden hours 3 16 4 36 192 24 Average burden per response Estimated annual burden hours .................... 59,695 THIRD PARTY DISCLOSURE REQUIREMENTS Number of respondents Frequency of response 39 576 Written Notice from IAR agency to Recipient Regarding Amount of Payment ............................................................................................... Number of responses 22,464 PERIODIC REVIEW OF AGENCY ACCOUNTING PROCESS Number of respondents Frequency of response 12 12 6 1 1 1 Retrieve and Consolidate Authorization and Accounting Forms ............. Participate in Periodic Review ................................................................. Correct Administrative and Accounting Discrepancies ............................ Number of responses 12 12 6 TOTAL ADMINISTRATIVE BURDEN Number of respondents Frequency of response 39 .................... Totals ................................................................................................ 5. General Request for Social Security Records—eFOIA—20 CFR 402.130— 0960–0716 mstockstill on PROD1PC66 with NOTICES SSA uses the information collected on this electronic request for Social Security records to respond to the public’s request for information under the Freedom of Information Act (FOIA). SSA also tracks the number and type of requests, fees charged and payment amounts, and whether SSA responds within the required 20 days. Respondents are members of the public including individuals, institutions, or agencies requesting information/ documents under FOIA. Type of Request: Revision of an OMBapproved information collection. Number of Respondents: 5,000. Frequency of Response: 1. Average Burden Per Response: 3 minutes. Estimated Annual Burden: 250 hours. Dated: December 5, 2008. John Biles, Reports Clearance Officer, Center for Reports Clearance, Social Security Administration. [FR Doc. E8–29332 Filed 12–10–08; 8:45 am] BILLING CODE 4191–02–P VerDate Aug<31>2005 17:27 Dec 10, 2008 Jkt 217001 SOCIAL SECURITY ADMINISTRATION Social Security Disability Program Demonstration Project: Benefit Offset Pilot Demonstration Social Security Administration. Notice. AGENCY: ACTION: SUMMARY: We are announcing our plans to terminate the Benefit Offset Pilot Demonstration (BOPD) project, which relates to the disability program under title II of the Social Security Act (the Act). In this demonstration, we are testing modifications to current program rules that apply to working title II disability beneficiaries. We are also modifying current rules for making outcome payments to providers of services under the Ticket to Work and Self-Sufficiency program (Ticket to Work program). DATES: Effective Dates: Effective January 1, 2009, we are terminating the alternative program rules for treatment group participants of the BOPD who have not completed their trial work periods as of December 31, 2008. We are continuing the alternative program rules for treatment group participants of the PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 Number of responses 611,820 demonstration who have completed their trial work periods as of December 31, 2008, until they complete their 72month reentitlement periods. FOR FURTHER INFORMATION CONTACT: Mark Green by e-mail at mark.green@ssa.gov, by telephone at (410) 965–9852, or by mail at Social Security Administration, Office of Program Development and Research, 3– E–26 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235. SUPPLEMENTARY INFORMATION: We are conducting this project under the demonstration authority provided in section 234 of the Act. Treatment of Work Activity Under Current Title II Disability Program Rules Section 222(c) of the Act and 20 CFR 404.1592 provide title II disability beneficiaries with a 9-month trial work period. During the trial work period, a title II disability beneficiary may test his ability to work and still be considered disabled. Sections 223(a)(1) and 202(d)(1), (e)(1), and (f)(1) of the Act provide that E:\FR\FM\11DEN1.SGM 11DEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices a title II disability beneficiary can continue to test his ability to work for an additional period immediately following completion of the 9-month trial work period if his disabling impairment continues. This additional period, known as the reentitlement period, ends after 36 months or when the individual ceases to have a disabling impairment, whichever is earlier. Under these sections of the Act, a title II disability beneficiary’s entitlement to benefits will not terminate due to his performance of substantial gainful activity (SGA) during the reentitlement period. However, section 223(e) of the Act provides that, subject to a ‘‘grace period’’ (described below), we will not pay benefits to the disability beneficiary or anyone collecting benefits on his account for any month in which he performs SGA during the reentitlement period. Sections 404.401a and 404.1592a of our regulations reflect these provisions of the Act. We will find that the beneficiary’s disability ceased in the first month he performs SGA after the trial work period (§ 404.1592a(a)(1)). If we determine that his disability ceased after the reentitlement period ended, then entitlement to and payment of benefits terminates with the second month after the month disability ceased. If the month disability ceased due to performance of SGA occurs during the reentitlement period, different rules apply. In that situation, we will find that entitlement to disability benefits terminates in the first month after the end of the reentitlement period in which he engages in SGA (§ 404.1592a(a)(3)). If we determine that a beneficiary’s disability ceased during the reentitlement period because he performed SGA, we will pay benefits for the first month after the trial work period in which he engages in SGA and for the two succeeding months, whether or not he performs SGA in those months (§ 404.1592a(a)(2)). This three-month period is the ‘‘grace period.’’ After the grace period, we will not pay benefits for any month during the reentitlement period in which the beneficiary performs SGA. However, we will pay benefits for any month during the reentitlement period in which the beneficiary does not perform SGA. When we determine whether a beneficiary performed SGA in a month after the grace period, we consider only his work in, or earnings for, that month. We do not apply the rules regarding averaging of earnings or unsuccessful work attempts. VerDate Aug<31>2005 17:27 Dec 10, 2008 Jkt 217001 The Benefit Offset Pilot Demonstration Section 234 of the Act directs us to carry out experiments and demonstration projects to determine the relative advantages and disadvantages of various alternative methods for treating work activity of title II disability beneficiaries. Under Section 234, we may waive compliance with the benefit requirements of title II of the Act and the requirements of section 1148 of the Act, as they relate to the title II program, insofar as is necessary for a thorough evaluation of the alternative methods under consideration. On August 1, 2005, we began a pilot demonstration testing the effects of applying a benefit offset as an alternative to the current rules for treating the work activity of a title II disability beneficiary who has completed a 9-month trial work period. Under the benefit offset in this demonstration project, we reduce disability benefits $1 for every $2 a beneficiary earns above the SGA threshold amount instead of stopping benefit payments. We implemented the BOPD for the following reasons: • To test the effectiveness of modifications to current program rules in encouraging title II disability beneficiaries to return to work or increase their earnings; and • to obtain information that we can use to assist in developing a more expansive benefit offset demonstration project, which we plan to conduct at nationally representative sample sites. We entered into contracts with Connecticut, Utah, Vermont, and Wisconsin to assist us in conducting this pilot demonstration to test a benefit offset in concert with various support services and to obtain information to help in the planning phases of the national demonstration project. Alternate Title II Program Rules for Participants in the Treatment Group of the BOPD For this demonstration project, we have waived certain provisions relating to the reentitlement period contained in sections 223(a)(1) and (e) and 202(d)(1), (e)(1), and (f)(1) of the Act and in 20 CFR 404.401a and 404.1592a. We have also waived continuing disability review (CDR) requirements under section 221(i) and related provisions of the Act and 20 CFR 404.1589 and 404.1590. Certain title II disability beneficiaries participate in a treatment group of the BOPD. We provided these beneficiaries the opportunity to take advantage of the following alternate program rules. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 75493 • For a disability beneficiary who completed a trial work period and whose disability ceased during his reentitlement period because he performed SGA, we pay disability benefits for months after the grace period and during the reentitlement period in which the beneficiary does SGA, subject to application of a benefit offset. Under the offset, we reduce the amount of the monthly benefits by $1 for every $2 the beneficiary earns above the SGA threshold amount. Using our current title II program rules, we determine the amount of monthly title II disability benefits that would have been payable to the beneficiary had he not engaged in SGA. We then apply the benefit offset to this monthly benefit amount. • We consider the beneficiary’s earnings on an annual basis in applying the benefit offset. We use averaging to determine whether the beneficiary’s average monthly earnings are above the SGA amount and, if so, calculate the monthly benefit amount. We pay benefits based on the beneficiary’s estimated annual earnings and make necessary adjustments when the year ends, or sooner if relevant information is available. • We provide a reentitlement period of up to 72 months. The reentitlement period ends the last day of the 72nd month following the end of the trial work period or with the month before the first month that the impairment no longer exists or is no longer disabling, whichever is earlier. • We do not begin a CDR for a beneficiary participating in the treatment group either before or during his extended reentitlement period. • For persons entitled to dependents’ benefits based on the earnings record of a disability beneficiary participating in the treatment group, we may pay dependents’ benefits for months in which the disability beneficiary performs SGA after the grace period and during his reentitlement period. We pay monthly dependents’ benefits that would have been payable had the disability beneficiary not engaged in SGA. Alternate Ticket to Work Program Rule Under the BOPD Under the Ticket to Work program, we may pay outcome payments to a provider of services to whom a title II disability beneficiary has assigned a ticket. Section 1148(h) of the Act and 20 CFR 411.525 provide that we pay outcome payments only for those months for which we do not pay benefits due to the beneficiary’s work or earnings. We have waived this E:\FR\FM\11DEN1.SGM 11DEN1 75494 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices mstockstill on PROD1PC66 with NOTICES requirement in order to provide an alternate rule for paying outcome payments to a provider of services to whom a beneficiary in the treatment group has assigned a ticket. Under the alternate rule, we may pay outcome payments for months in which the beneficiary has earnings above the SGA amount. We may pay an outcome payment even though we reduce the benefit payment because of earnings instead of stopping the payment. Terminating the Alternate Rules for BOPD Participants Who Have Not Completed Their Trial Work Periods In the BOPD, we have been testing the overall effects of a benefit offset under the title II disability program, including its effectiveness in encouraging disability beneficiaries to return to work and its impact on agency operations. We have been gathering information regarding the effect of the availability of a benefit offset on beneficiaries’ efforts to work or increase their earnings. In addition, we have been evaluating our procedures to administer the benefit offset under the BOPD. Based on this evaluation, we have concluded that the process developed for administering the benefit offset under the BOPD is inefficient and administratively burdensome. We have used the information obtained from this pilot demonstration to develop and refine a national benefit offset demonstration project. Over the course of this pilot demonstration project, we shared significant data and analysis with the design contractor for the national demonstration project. Based on this information, the design contractor extensively modified its design proposals. We have concluded the contract for design of the national project, and we are developing a system to provide an efficient method for administering a benefit offset provision under the national demonstration project. Because the process we developed for administering the benefit offset under the BOPD proved to be inefficient and administratively burdensome, we are curtailing this pilot demonstration project. We are terminating the alternate rules for participants who have not worked long enough or at a sufficient level to qualify for the benefit offset provision. Effective January 1, 2009, we are terminating the alternate title II disability program rules and the alternate Ticket to Work program rule, for participants in the BOPD treatment group who have not completed their trial work periods by December 31, 2008. We will continue the alternate rules for participants in the treatment VerDate Aug<31>2005 17:27 Dec 10, 2008 Jkt 217001 group who have completed their trial work periods by December 31, 2008, and therefore are eligible for the benefit offset, until these beneficiaries complete their 72-month reentitlement periods. Dated: November 24, 2008. Alex Zemek, Executive Director, U.S. National Commission for UNESCO, Department of State. [FR Doc. E8–29341 Filed 12–10–08; 8:45 am] Dated: December 5, 2008. Michael J. Astrue, Commissioner of Social Security. [FR Doc. E8–29334 Filed 12–10–08; 8:45 am] BILLING CODE 4710–19–P BILLING CODE 4191–02–P DEPARTMENT OF VETERANS AFFAIRS Copayment for Medication Department of Veterans Affairs. Notice. AGENCY: DEPARTMENT OF STATE ACTION: [Public Notice 6408] U.S. National Commission for UNESCO Notice of Teleconference Meeting The U.S. National Commission for UNESCO will hold a meeting by conference call on Monday, December 22, 2008 beginning at 11 a.m. Eastern Time. The open portion of the meeting should last approximately twenty minutes and will address a variety of issues and projects related to UNESCO. Additional topic areas that relate to UNESCO may be discussed as needed. The Commission will accept brief oral comments from members of the public during the open portion of this teleconference meeting. The public comment period will be limited to approximately ten minutes in total with about three minutes allowed per speaker. Members of the public who wish to present oral comments or listen to the conference call must make arrangements with the Executive Secretariat of the National Commission by December 18, 2008. The second portion of the teleconference meeting will be closed to the public to allow the Commission to discuss applications for the UNESCO Young Professionals Program. This portion of the call will be closed to the public pursuant to Section 10(d) of the Federal Advisory Committee Act and 5 U.S.C. 552b(c)(6) because it is likely to involve discussion of information of a personal nature regarding the relative merits of individual applicants where disclosure would constitute a clearly unwarranted invasion of personal privacy. For more information or to arrange to participate in the open portion of the teleconference meeting, contact Andrew Doran, Deputy Executive Director of the U.S. National Commission for UNESCO, Washington, DC 20037. Telephone: (202) 663–0028; Fax: (202) 663–0035; Email: DCUNESCO@state.gov. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 SUMMARY: The Department of Veterans Affairs (VA) is hereby giving notice that there is no change in the medication copayment rate for calendar year 2009 and the rate will remain at $8.00. The total amount of copayments in a calendar year for a veteran enrolled in one of the priority groups 2 through 6 shall not exceed the cap of $960.00. These rates are based on the Prescription Drug component of the Medical Consumer Price Index as cited in title 38, Code of Federal Regulations, part 17, section 17.110. FOR FURTHER INFORMATION CONTACT: Tony Guagliardo, Director, Business Policy (163), Veterans Health Administration, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461– 1591. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: VA is required by law to charge certain veterans a copayment for each 30-day or less supply of medication provided on an outpatient basis (other than medication administered during treatment) for treatment of a non-service connected condition. Public Law 106– 117, The Veterans’ Millennium Health Care and Benefits Act, gives the Secretary of Veterans Affairs authority to increase the medication copayment amount and to establish a calendar year cap on the amount of medication copayments charged to veterans enrolled in priority groups 2 through 6. When veterans reach the calendar year cap, they will continue to receive medications without additional copayments for that calendar year. Formula for Calculating the Medication Copayment Amount: Each calendar year beginning after December 31, 2002, the Prescription Drug component of the Medical Consumer Price Index of the previous September 30 is divided by the Index as of September 30, 2001. The ratio is then multiplied by the original copayment amount of $7.00. The copayment amount of the new calendar year is then E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75492-75494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29334]


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

SOCIAL SECURITY ADMINISTRATION


Social Security Disability Program Demonstration Project: Benefit 
Offset Pilot Demonstration

AGENCY: Social Security Administration.

ACTION: Notice.

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

SUMMARY: We are announcing our plans to terminate the Benefit Offset 
Pilot Demonstration (BOPD) project, which relates to the disability 
program under title II of the Social Security Act (the Act). In this 
demonstration, we are testing modifications to current program rules 
that apply to working title II disability beneficiaries. We are also 
modifying current rules for making outcome payments to providers of 
services under the Ticket to Work and Self-Sufficiency program (Ticket 
to Work program).

DATES: Effective Dates: Effective January 1, 2009, we are terminating 
the alternative program rules for treatment group participants of the 
BOPD who have not completed their trial work periods as of December 31, 
2008. We are continuing the alternative program rules for treatment 
group participants of the demonstration who have completed their trial 
work periods as of December 31, 2008, until they complete their 72-
month reentitlement periods.

FOR FURTHER INFORMATION CONTACT: Mark Green by e-mail at 
mark.green@ssa.gov, by telephone at (410) 965-9852, or by mail at 
Social Security Administration, Office of Program Development and 
Research, 3-E-26 Operations Building, 6401 Security Boulevard, 
Baltimore, MD 21235.

SUPPLEMENTARY INFORMATION: We are conducting this project under the 
demonstration authority provided in section 234 of the Act.

Treatment of Work Activity Under Current Title II Disability Program 
Rules

    Section 222(c) of the Act and 20 CFR 404.1592 provide title II 
disability beneficiaries with a 9-month trial work period. During the 
trial work period, a title II disability beneficiary may test his 
ability to work and still be considered disabled.
    Sections 223(a)(1) and 202(d)(1), (e)(1), and (f)(1) of the Act 
provide that

[[Page 75493]]

a title II disability beneficiary can continue to test his ability to 
work for an additional period immediately following completion of the 
9-month trial work period if his disabling impairment continues. This 
additional period, known as the reentitlement period, ends after 36 
months or when the individual ceases to have a disabling impairment, 
whichever is earlier. Under these sections of the Act, a title II 
disability beneficiary's entitlement to benefits will not terminate due 
to his performance of substantial gainful activity (SGA) during the 
reentitlement period. However, section 223(e) of the Act provides that, 
subject to a ``grace period'' (described below), we will not pay 
benefits to the disability beneficiary or anyone collecting benefits on 
his account for any month in which he performs SGA during the 
reentitlement period. Sections 404.401a and 404.1592a of our 
regulations reflect these provisions of the Act.
    We will find that the beneficiary's disability ceased in the first 
month he performs SGA after the trial work period (Sec.  
404.1592a(a)(1)). If we determine that his disability ceased after the 
reentitlement period ended, then entitlement to and payment of benefits 
terminates with the second month after the month disability ceased. If 
the month disability ceased due to performance of SGA occurs during the 
reentitlement period, different rules apply. In that situation, we will 
find that entitlement to disability benefits terminates in the first 
month after the end of the reentitlement period in which he engages in 
SGA (Sec.  404.1592a(a)(3)).
    If we determine that a beneficiary's disability ceased during the 
reentitlement period because he performed SGA, we will pay benefits for 
the first month after the trial work period in which he engages in SGA 
and for the two succeeding months, whether or not he performs SGA in 
those months (Sec.  404.1592a(a)(2)). This three-month period is the 
``grace period.'' After the grace period, we will not pay benefits for 
any month during the reentitlement period in which the beneficiary 
performs SGA. However, we will pay benefits for any month during the 
reentitlement period in which the beneficiary does not perform SGA. 
When we determine whether a beneficiary performed SGA in a month after 
the grace period, we consider only his work in, or earnings for, that 
month. We do not apply the rules regarding averaging of earnings or 
unsuccessful work attempts.

The Benefit Offset Pilot Demonstration

    Section 234 of the Act directs us to carry out experiments and 
demonstration projects to determine the relative advantages and 
disadvantages of various alternative methods for treating work activity 
of title II disability beneficiaries. Under Section 234, we may waive 
compliance with the benefit requirements of title II of the Act and the 
requirements of section 1148 of the Act, as they relate to the title II 
program, insofar as is necessary for a thorough evaluation of the 
alternative methods under consideration.
    On August 1, 2005, we began a pilot demonstration testing the 
effects of applying a benefit offset as an alternative to the current 
rules for treating the work activity of a title II disability 
beneficiary who has completed a 9-month trial work period. Under the 
benefit offset in this demonstration project, we reduce disability 
benefits $1 for every $2 a beneficiary earns above the SGA threshold 
amount instead of stopping benefit payments.
    We implemented the BOPD for the following reasons:
     To test the effectiveness of modifications to current 
program rules in encouraging title II disability beneficiaries to 
return to work or increase their earnings; and
     to obtain information that we can use to assist in 
developing a more expansive benefit offset demonstration project, which 
we plan to conduct at nationally representative sample sites.
    We entered into contracts with Connecticut, Utah, Vermont, and 
Wisconsin to assist us in conducting this pilot demonstration to test a 
benefit offset in concert with various support services and to obtain 
information to help in the planning phases of the national 
demonstration project.

Alternate Title II Program Rules for Participants in the Treatment 
Group of the BOPD

    For this demonstration project, we have waived certain provisions 
relating to the reentitlement period contained in sections 223(a)(1) 
and (e) and 202(d)(1), (e)(1), and (f)(1) of the Act and in 20 CFR 
404.401a and 404.1592a. We have also waived continuing disability 
review (CDR) requirements under section 221(i) and related provisions 
of the Act and 20 CFR 404.1589 and 404.1590. Certain title II 
disability beneficiaries participate in a treatment group of the BOPD. 
We provided these beneficiaries the opportunity to take advantage of 
the following alternate program rules.
     For a disability beneficiary who completed a trial work 
period and whose disability ceased during his reentitlement period 
because he performed SGA, we pay disability benefits for months after 
the grace period and during the reentitlement period in which the 
beneficiary does SGA, subject to application of a benefit offset. Under 
the offset, we reduce the amount of the monthly benefits by $1 for 
every $2 the beneficiary earns above the SGA threshold amount. Using 
our current title II program rules, we determine the amount of monthly 
title II disability benefits that would have been payable to the 
beneficiary had he not engaged in SGA. We then apply the benefit offset 
to this monthly benefit amount.
     We consider the beneficiary's earnings on an annual basis 
in applying the benefit offset. We use averaging to determine whether 
the beneficiary's average monthly earnings are above the SGA amount 
and, if so, calculate the monthly benefit amount. We pay benefits based 
on the beneficiary's estimated annual earnings and make necessary 
adjustments when the year ends, or sooner if relevant information is 
available.
     We provide a reentitlement period of up to 72 months. The 
reentitlement period ends the last day of the 72nd month following the 
end of the trial work period or with the month before the first month 
that the impairment no longer exists or is no longer disabling, 
whichever is earlier.
     We do not begin a CDR for a beneficiary participating in 
the treatment group either before or during his extended reentitlement 
period.
     For persons entitled to dependents' benefits based on the 
earnings record of a disability beneficiary participating in the 
treatment group, we may pay dependents' benefits for months in which 
the disability beneficiary performs SGA after the grace period and 
during his reentitlement period. We pay monthly dependents' benefits 
that would have been payable had the disability beneficiary not engaged 
in SGA.

Alternate Ticket to Work Program Rule Under the BOPD

    Under the Ticket to Work program, we may pay outcome payments to a 
provider of services to whom a title II disability beneficiary has 
assigned a ticket. Section 1148(h) of the Act and 20 CFR 411.525 
provide that we pay outcome payments only for those months for which we 
do not pay benefits due to the beneficiary's work or earnings. We have 
waived this

[[Page 75494]]

requirement in order to provide an alternate rule for paying outcome 
payments to a provider of services to whom a beneficiary in the 
treatment group has assigned a ticket. Under the alternate rule, we may 
pay outcome payments for months in which the beneficiary has earnings 
above the SGA amount. We may pay an outcome payment even though we 
reduce the benefit payment because of earnings instead of stopping the 
payment.

Terminating the Alternate Rules for BOPD Participants Who Have Not 
Completed Their Trial Work Periods

    In the BOPD, we have been testing the overall effects of a benefit 
offset under the title II disability program, including its 
effectiveness in encouraging disability beneficiaries to return to work 
and its impact on agency operations. We have been gathering information 
regarding the effect of the availability of a benefit offset on 
beneficiaries' efforts to work or increase their earnings. In addition, 
we have been evaluating our procedures to administer the benefit offset 
under the BOPD. Based on this evaluation, we have concluded that the 
process developed for administering the benefit offset under the BOPD 
is inefficient and administratively burdensome.
    We have used the information obtained from this pilot demonstration 
to develop and refine a national benefit offset demonstration project. 
Over the course of this pilot demonstration project, we shared 
significant data and analysis with the design contractor for the 
national demonstration project. Based on this information, the design 
contractor extensively modified its design proposals. We have concluded 
the contract for design of the national project, and we are developing 
a system to provide an efficient method for administering a benefit 
offset provision under the national demonstration project.
    Because the process we developed for administering the benefit 
offset under the BOPD proved to be inefficient and administratively 
burdensome, we are curtailing this pilot demonstration project. We are 
terminating the alternate rules for participants who have not worked 
long enough or at a sufficient level to qualify for the benefit offset 
provision. Effective January 1, 2009, we are terminating the alternate 
title II disability program rules and the alternate Ticket to Work 
program rule, for participants in the BOPD treatment group who have not 
completed their trial work periods by December 31, 2008. We will 
continue the alternate rules for participants in the treatment group 
who have completed their trial work periods by December 31, 2008, and 
therefore are eligible for the benefit offset, until these 
beneficiaries complete their 72-month reentitlement periods.

    Dated: December 5, 2008.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E8-29334 Filed 12-10-08; 8:45 am]
BILLING CODE 4191-02-P