Unsuccessful Work Attempts and Expedited Reinstatement Eligibility, 71367-71370 [2016-24873]
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Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Rules and Regulations
for export clearance purposes; however,
when necessary, the symbol ‘‘AVS’’ may
be used.
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(d) * * *
(6) Cuba, eligible vessels and
purposes. Only the types of vessels
listed in this paragraph (d)(6) departing
for Cuba for the purposes listed in this
paragraph (d)(6) may depart for Cuba
pursuant to this paragraph (d). Vessels
used to transport both passengers and
items to Cuba may transport
automobiles only if the export or
reexport of the automobiles to Cuba has
been authorized by a separate license
issued by BIS (i.e., not authorized by
license exception).
(i) Cargo vessels for hire for use in the
transportation of items;
(ii) Passenger vessels for hire for use
in the transportation of passengers and/
or items; and
(iii) Recreational vessels that are used
in connection with travel authorized by
the Department of the Treasury, Office
of Foreign Assets Control (OFAC).
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Note to paragraph (d)(6)(iii): Readers
should also consult U.S. Coast Guard
regulations at 33 CFR part 107 Subpart B—
Unauthorized Entry into Cuban Territorial
Waters.
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(e) Intransit cargo. Cargo laden on
board an aircraft or vessel may transit
Cuba provided:
(1) The aircraft or vessel is exported
or reexported on temporary sojourn to
Cuba pursuant to paragraph (a) or (d) of
this section or a license from BIS; and
(2) The cargo departs with the aircraft
or vessel at the end of its temporary
sojourn to Cuba, is not removed from
the aircraft or vessel for use in Cuba and
is not transferred to another aircraft or
vessel while in Cuba.
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■ 4. Section 740.19 is amended by
revising paragraphs (c)(2)(i) and (ii) to
read as follows:
§ 740.19 Consumer communications
devices (CCD).
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(c) * * *
(2) * * *
(i) Ineligible Cuban Government
Officials. Members of the Council of
Ministers and flag officers of the
Revolutionary Armed Forces.
(ii) Ineligible Cuban Communist Party
Officials. Members of the Politburo.
■ 5. Section 740.21 is amended by:
■ a. Removing the word ‘‘or’’ from the
end of paragraph (b)(2);
■ b. Removing the period from the end
of paragraph (b)(3) and adding in its
place ‘‘; or’’;
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c. Adding paragraph (b)(4) and;
d. Revising paragraphs (d)(4)(ii) and
(iii).
The addition and revisions read as
follows:
71367
SOCIAL SECURITY ADMINISTRATION
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§ 740.21
(SCP).
Support for the Cuban People
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(b) * * *
(4) Items sold directly to individuals
in Cuba for their personal use or their
immediate family’s personal use, other
than officials identified in paragraphs
(d)(4)(ii) or (iii) of this section.
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(d) * * *
(4) * * *
(ii) Members of the Council of
Ministers and flag officers of the
Revolutionary Armed Forces; and
(iii) Members of the Politburo.
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PART 746—[AMENDED]
6. The authority citation for part 746
continues to read:
Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503,
Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994
Comp., p. 899; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p 168;
Presidential Determination 2003–23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320;
Presidential Determination 2007–7, 72 FR
1899, 3 CFR, 2006 Comp., p. 325; Notice of
May 3, 2016, 81 FR 27293 (May 5, 2016);
Notice of August 4, 2016, 81 FR 52587
(August 8, 2016).
7. Section 746.2 is amended by
revising paragraph (a)(1)(x) to read as
follows:
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§ 746.2
Cuba.
(a) * * *
(1) * * *
(x) Aircraft, vessels and spacecraft
(AVS) for certain aircraft on temporary
sojourn; equipment and spare parts for
permanent use on a vessel or aircraft,
and ship and plane stores; vessels on
temporary sojourn; or cargo transiting
Cuba on aircraft or vessels on temporary
sojourn (see § 740.15(a), (b), (d), and (e)
of the EAR).
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Dated: October 11, 2016.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2016–25034 Filed 10–14–16; 8:45 am]
BILLING CODE 3510–33–P
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20 CFR Parts 404 and 416
[Docket No. SSA–2014–0016]
RIN 0960–AH66
Unsuccessful Work Attempts and
Expedited Reinstatement Eligibility
Social Security Administration.
Final rules.
AGENCY:
ACTION:
These rules finalize the rules
we proposed in our notice of proposed
rulemaking (NPRM), published on May
11, 2016. In these rules, we remove
some of the requirements for evaluation
of an unsuccessful work attempt (UWA)
that lasts between 3 and 6 months,
allow previously entitled beneficiaries
to apply for expedited reinstatement
(EXR) in the same month they stop
performing substantial gainful activity
(SGA), and provide that provisional
benefits will begin the month after the
request for EXR if the beneficiary stops
performing SGA in the month of the
EXR request. These changes will
simplify our policies and make them
easier for the public to understand.
DATES: These final rules will be effective
November 16, 2016, except for the
amendments to §§ 404.1592c and
416.999a, which will be effective April
17, 2017.
FOR FURTHER INFORMATION CONTACT:
Kristine Erwin-Tribbitt, Office of
Retirement and Disability Policy, Office
of Research, Demonstration, and
Employment Support, Social Security
Administration, 6401 Security
Boulevard, Robert Ball Building 3–A–
26, Baltimore, MD 21235–6401, (410)
965–3353. 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: On May
11, 2016, we published an NPRM in the
Federal Register at 81 FR 29212 in
which we proposed to revise our rules
to simplify certain aspects of our UWA
and EXR policies and make them easier
for the public to understand. We are
adopting the proposed rules as final
rules.
The final rules at 20 CFR 404.1574(c),
404.1575(d), 416.974(c), and 416.975(d)
remove the additional conditions that
we used when we evaluated a work
attempt in employment or selfemployment that lasted between 3 and
6 months and use the current 3-month
standard for all work attempts that are
6 months or less. Under these rules,
ordinarily, work you have done will not
SUMMARY:
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show that you are able to do substantial
gainful activity if, after you worked for
a period of 6 months or less, your
impairment forced you to stop working
or to reduce the amount of work you do
so that your earnings from such work
fall below the substantial gainful
activity earnings level. The new rules at
20 CFR 404.1592c and 416.999a allow a
previously entitled individual to request
EXR in the same month they stop
performing SGA. These new rules apply
to Social Security Disability Insurance
(SSDI) and Supplemental Security
Income (SSI) claimants and
beneficiaries. We expect these changes
will result in simplified case processing
and faster and better determinations and
decisions.
You can find additional information
and discussion regarding these changes
in the preamble to our proposed rule.
Public Comments and Discussion
We received eight timely submitted
comments that addressed issues within
the scope of our proposed rules. Below,
we present the views we received and
address all of the relevant and
significant issues raised by the
commenters. We carefully considered
their concerns, but did not make any
changes to our rules because of the
comments.
Of these eight comments, six were
from disability advocacy organizations,
all of whom supported our proposed
rules. The organizations expressed that
the proposed changes will have a
positive impact on beneficiaries by
supporting their attempts to work and
helping them understand and use the
rules. They asserted that this, in turn,
would provide greater assurance to
beneficiaries who want to attempt a
return to work and would result in
increased program participation.
Comment: One commenter asked if it
would be easier for an individual to
temporarily and voluntarily suspend
benefits when trying to rejoin the work
force instead of terminating his or her
benefits and then requesting EXR
following an UWA.
Response: Under the Social Security
Act, we are required to terminate an
individual’s disability benefits if he or
she no longer meets the eligibility
requirements and are therefore
prohibited from simply suspending
benefits.1
To be entitled to disability benefits,
an individual must be unable to engage
in any SGA by reason of any medically
determinable physical or mental
impairment that can be expected to
result in death, or has lasted or can be
1 42
U.S.C. 416(i)(2)(D)(ii)(II).
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expected to last for a continuous period
of not less than 12 months.2 An
individual may be determined not to be
entitled to benefits if there is substantial
evidence demonstrating that the
individual is able to engage in SGA.3
Generally, a period of disability ends
and benefits cease following a finding
that the physical or mental impairment
on the basis of which the benefits are
provided has not been disabling for 36
months, as demonstrated by SGA.4
Because we are required to terminate
benefits, we established EXR in order to
facilitate benefit reinstatement to
individuals whose benefits terminated
as a result of SGA. Previously entitled
individuals may request EXR within 60
months of their prior termination of
benefits if their medical condition no
longer permits them to perform SGA. To
qualify for EXR, a previously entitled
individual must be unable to perform
SGA due to an impairment that is the
same as, or related to, an impairment
that was the basis for the previous
entitlement.5
Comment: One commenter indicated
that the proposed rules were unclear,
stating that ‘‘the rules for UWA, as
proposed are in direct conflict with the
definition of disability, which requires,
in part, the inability to engage in SGA
for 12 consecutive months.’’ He went on
to ask if our proposed rule changed the
definition of disability or if it ‘‘merely
appl[ies] after the initial 12 month
period?’’
Response: The new rules do not
conflict with the definition of disability
nor do they change our policy or
definition of disability. By applying the
current 3-month conditions to all work
attempts that are 6 months or less, the
new rules simply remove the additional
documentation previously required of
an individual with a work attempt
lasting between 3 and 6 months.
To be eligible for disability benefits,
an individual must be unable to engage
in any SGA by reason of any medically
determinable physical or mental
impairment which can be expected to
result in death or which has lasted or
can be expected to last for a continuous
period of not less than 12 months.6 As
we explained in our NPRM, disability
evaluation is generally concerned with
the ability to work over an extended
period rather than in short, isolated
periods.
Disability claimants and beneficiaries
may attempt to return to work and
2 42
U.S.C. 423(d)(1)(A), 42 U.S.C. 1382c(a)(3)(A).
3 42 U.S.C. 423(f)(2)(A)(ii), 42 U.S.C.
1382c(a)(4)(A)(i)(II).
4 42 U.S.C. 416(i)(2)(D)(ii)(II).
5 20 CFR 404.1592c and 416.999a.
6 42 U.S.C. 423(d)(1)(A); 42 U.S.C. 1382c(a)(3)(A).
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engage in SGA following a break in the
continuity of their work. For SGA
determination purposes, we may
disregard work in employment or selfemployment if a claimant or beneficiary,
after working for a period of 6 months
or less, stops working or reduces the
amount of work so that the earnings fall
below the SGA level because of the
original impairment or the removal of
special conditions that were essential to
the performance of his or her work, and
if there was a significant break in the
continuity of work before this work
attempt.7
Regulatory Procedures
Executive Order 12866, as
Supplemented by Executive Order
13563
We consulted with the Office of
Management and Budget (OMB) and
determined that these rules do not meet
the criteria for a significant regulatory
action under Executive Order 12866, as
supplemented by Executive Order
13563. Therefore, OMB has not
reviewed them.
Regulatory Flexibility Act
We certify that these rules will not
have a significant economic impact on
a substantial number of small entities
because they affect individuals only.
Therefore, a regulatory flexibility
analysis is not required under the
Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new or
affect any existing collections and,
therefore, do not require Office of
Management and Budget approval
under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance
Program Nos. 9601, Social Security—
Disability Insurance; 96.006, Supplemental
Security Income; 96.008, Social Security—
Work Incentives Planning and Assistance
Program.)
List of Subjects
20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Reporting and recordkeeping
requirements, Social security,
Vocational rehabilitation.
20 CFR Part 416
Administrative practice and
procedure, Medicaid, Reporting and
recordkeeping requirements,
7 20
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CFR 404.1574(c) and 416.974(c).
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§ 404.1575 Evaluation guides if you are
self-employed.
Supplemental Security Income (SSI),
Vocational rehabilitation.
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Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons set out in the
preamble, we amend 20 CFR part 404
subpart P and 20 CFR part 416 subpart
I as set forth below:
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE
Subpart P—Determining Disability and
Blindness
1. The authority citation for subpart P
of part 404 continues to read as follows:
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Authority: Secs. 202, 205(a)–(b) and (d)–
(h), 216(i), 221(a), (i), and (j), 222(c), 223,
225, and 702(a)(5) of the Social Security Act
(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i),
421(a), (i), and (j), 422(c), 423, 425, and
902(a)(5)); sec. 211(b), Pub. L. 104–193, 110
Stat. 2105, 2189; sec. 202, Pub. L. 108–203,
118 Stat. 509 (42 U.S.C. 902 note).
2. Amend § 404.1574 by revising the
first sentence of paragraph (c)(1),
revising paragraph (c)(3), removing
paragraph (c)(4), and redesignating
paragraph (c)(5) as (c)(4) to read as
follows:
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§ 404.1574 Evaluation guides if you are an
employee.
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(c) * * *
(1) General. Ordinarily, work you
have done will not show that you are
able to do substantial gainful activity if,
after you worked for a period of 6
months or less, your impairment forced
you to stop working or to reduce the
amount of work you do so that your
earnings from such work fall below the
substantial gainful activity earnings
level in paragraph (b)(2) of this section,
and you meet the conditions described
in paragraphs (c)(2), (3), and (4) of this
section. * * *
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(3) If you worked 6 months or less. We
will consider work of 6 months or less
to be an unsuccessful work attempt if
you stopped working or you reduced
your work and earnings below the
substantial gainful activity earnings
level because of your impairment or
because of the removal of special
conditions that took into account your
impairment and permitted you to work.
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■ 3. Amend § 404.1575 by revising the
first sentence of paragraph (d)(1),
revising paragraph (d)(3), removing
paragraph (d)(4), and redesignating
paragraph (d)(5) as (d)(4) to read as
follows:
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(d) * * *
(1) General. Ordinarily, work you
have done will not show that you are
able to do substantial gainful activity if,
after working for a period of 6 months
or less, you were forced by your
impairment to stop working or to reduce
the amount of work you do so that you
are no longer performing substantial
gainful activity and you meet the
conditions described in paragraphs
(d)(2), (3), and (4) of this section. * * *
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(3) If you worked 6 months or less. We
will consider work of 6 months or less
to be an unsuccessful work attempt if
you stopped working or you reduced
your work and earnings below the
substantial gainful activity earnings
level because of your impairment or
because of the removal of special
conditions that took into account your
impairment and permitted you to work.
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■ 4. Amend § 404.1592c by revising
paragraph (a)(4)(i) and (c)(2) to read as
follows:
§ 404.1592c Who is entitled to expedited
reinstatement?
(a) * * *
(4) * * *
(i) You are not able or become unable
to do substantial gainful activity
because of your medical condition as
determined under paragraph (c) of this
section;
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(c) * * *
(2) You are not able or become unable
to do substantial gainful activity in the
month you file your request for
reinstatement; and
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■ 5. Amend § 404.1592e by revising
paragraph (a)(1) to read as follows:
§ 404.1592e How do we determine
provisional benefits?
(a) * * *
(1) We will pay you provisional
benefits, and reinstate your Medicare if
you are not already entitled to Medicare,
beginning with the month you file your
request for reinstatement under
§ 404.1592c(a) if you do not perform
substantial gainful activity in that
month. We will pay you provisional
benefits, and reinstate your Medicare if
you are not already entitled to Medicare,
beginning with the month after you file
your request for reinstatement under
§ 404.1592c(a) if you perform
substantial gainful activity in the month
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71369
in which you file your request for
reinstatement.
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PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart I—Determining Disability and
Blindness
6. The authority citation for subpart I
of part 416 continues to read as follows:
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Authority: Secs. 221(m), 702(a)(5), 1611,
1614, 1619, 1631(a), (c), (d)(1), and (p), and
1633 of the Social Security Act (42 U.S.C.
421(m), 902(a)(5), 1382, 1382c, 1382h,
1383(a), (c), (d)(1), and (p), and 1383b; secs.
4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98–
460, 98 Stat. 1794, 1801, 1802, and 1808 (42
U.S.C. 421 note, 423 note, and 1382h note).
7. Amend § 416.974 by revising
paragraph (c)(3), removing paragraph
(c)(4), and redesignating paragraph (c)(5)
as (c)(4) to read as follows:
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§ 416.974 Evaluation guides if you are an
employee.
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(c) * * *
(3) If you worked 6 months or less. We
will consider work of 6 months or less
to be an unsuccessful work attempt if
you stopped working or you reduced
your work and earnings below the
substantial gainful activity earnings
level because of your impairment or
because of the removal of special
conditions that took into account your
impairment and permitted you to work.
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■ 8. Amend § 416.975 by revising
paragraph (d)(1) and (3), removing
paragraph (d)(4), and redesignating
paragraph (d)(5) as (d)(4) to read as
follows:
§ 416.975 Evaluation guides if you are selfemployed.
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(d) * * *
(1) General. Ordinarily, work you
have done will not show that you are
able to do substantial gainful activity if,
after working for a period of 6 months
or less, you were forced by your
impairment to stop working or to reduce
the amount of work you do so that you
are no longer performing substantial
gainful activity and you meet the
conditions described in paragraphs
(d)(2), (3), and (4) of this section.
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(3) If you worked 6 months or less. We
will consider work of 6 months or less
to be an unsuccessful work attempt if
you stopped working or you reduced
your work and earnings below the
substantial gainful activity earnings
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level because of your impairment or
because of the removal of special
conditions that took into account your
impairment and permitted you to work.
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■ 9. Amend § 416.999a by revising
paragraph (a)(4)(i) and (c)(2) to read as
follows:
§ 416.999a Who is eligible for expedited
reinstatement?
(a) * * *
(4) * * *
(i) You are not able or become unable
to do substantial gainful activity
because of your medical condition as
determined under paragraph (c) of this
section.
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(c) * * *
(2) You are not able or become unable
to do substantial gainful activity in the
month you file your request for
reinstatement; and
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[FR Doc. 2016–24873 Filed 10–14–16; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 870
[Docket No. FDA–2016–N–2766]
Medical Devices; Cardiovascular
Devices; Classification of the Apical
Closure Device
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final order.
The Food and Drug
Administration (FDA) is classifying the
apical closure device into class II
(special controls). The special controls
that will apply to the device are
identified in this order and will be part
of the codified language for the apical
closure device’s classification. The
Agency is classifying the device into
class II (special controls) in order to
provide a reasonable assurance of safety
and effectiveness of the device.
DATES: This order is effective October
17, 2016. The classification was
applicable on July 27, 2016.
FOR FURTHER INFORMATION CONTACT:
Jennifer Piselli, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave. Bldg. 66, Rm. 1561, Silver Spring,
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SUMMARY:
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14:00 Oct 14, 2016
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MD, 20993–0002, 240–402–6646,
jennifer.piselli@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with section 513(f)(1) of
the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C.
360c(f)(1)), devices that were not in
commercial distribution before May 28,
1976 (the date of enactment of the
Medical Device Amendments of 1976),
generally referred to as postamendments
devices, are classified automatically by
statute into class III without any FDA
rulemaking process. These devices
remain in class III and require
premarket approval unless and until the
device is classified or reclassified into
class I or II, or FDA issues an order
finding the device to be substantially
equivalent, in accordance with section
513(i), to a predicate device that does
not require premarket approval. The
Agency determines whether new
devices are substantially equivalent to
predicate devices by means of
premarket notification procedures in
section 510(k) of the FD&C Act (21
U.S.C. 360(k)) and part 807 (21 CFR part
807) of the regulations.
Section 513(f)(2) of the FD&C Act, as
amended by section 607 of the Food and
Drug Administration Safety and
Innovation Act (Pub. L. 112–144),
provides two procedures by which a
person may request FDA to classify a
device under the criteria set forth in
section 513(a)(1). Under the first
procedure, the person submits a
premarket notification under section
510(k) of the FD&C Act for a device that
has not previously been classified and,
within 30 days of receiving an order
classifying the device into class III
under section 513(f)(1) of the FD&C Act,
the person requests a classification
under section 513(f)(2). Under the
second procedure, rather than first
submitting a premarket notification
under section 510(k) of the FD&C Act
and then a request for classification
under the first procedure, the person
determines that there is no legally
marketed device upon which to base a
determination of substantial
equivalence and requests a classification
under section 513(f)(2) of the FD&C Act.
If the person submits a request to
classify the device under this second
procedure, FDA may decline to
undertake the classification request if
FDA identifies a legally marketed device
that could provide a reasonable basis for
review of substantial equivalence with
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the device or if FDA determines that the
device submitted is not of ‘‘lowmoderate risk’’ or that general controls
would be inadequate to control the risks
and special controls to mitigate the risks
cannot be developed.
In response to a request to classify a
device under either procedure provided
by section 513(f)(2) of the FD&C Act,
FDA shall classify the device by written
order within 120 days. This
classification will be the initial
classification of the device.
On June 25, 2015, Micro
Interventional Devices, Inc. submitted a
request for classification of the
Permaseal Device under section
513(f)(2) of the FD&C Act.
In accordance with section 513(f)(2) of
the FD&C Act, FDA reviewed the
request in order to classify the device
under the criteria for classification set
forth in section 513(a)(1). FDA classifies
devices into class II if general controls
by themselves are insufficient to
provide reasonable assurance of safety
and effectiveness, but there is sufficient
information to establish special controls
to provide reasonable assurance of the
safety and effectiveness of the device for
its intended use. After review of the
information submitted in the request,
FDA determined that the device can be
classified into class II with the
establishment of special controls. FDA
believes these special controls, in
addition to general controls, will
provide reasonable assurance of the
safety and effectiveness of the device.
Therefore, on July 27, 2016, FDA
issued an order to the requestor
classifying the device into class II. FDA
is codifying the classification of the
device by adding 21 CFR 870.4510.
Following the effective date of this
final classification order, any firm
submitting a premarket notification
(510(k)) for an apical closure device will
need to comply with the special
controls named in this final
administrative order.
The device is assigned the generic
name apical closure device, and it is
identified as a prescription device
consisting of a delivery system and
implant component that is used for soft
tissue approximation of cardiac apical
tissue during transcatheter valve
replacement procedures.
FDA has identified the following risks
to health associated specifically with
this type of device and the measures
required to mitigate these risks in table
1:
E:\FR\FM\17OCR1.SGM
17OCR1
]]>Agencies
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Rules and Regulations]
[Pages 71367-71370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24873]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2014-0016]
RIN 0960-AH66
Unsuccessful Work Attempts and Expedited Reinstatement
Eligibility
AGENCY: Social Security Administration.
ACTION: Final rules.
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SUMMARY: These rules finalize the rules we proposed in our notice of
proposed rulemaking (NPRM), published on May 11, 2016. In these rules,
we remove some of the requirements for evaluation of an unsuccessful
work attempt (UWA) that lasts between 3 and 6 months, allow previously
entitled beneficiaries to apply for expedited reinstatement (EXR) in
the same month they stop performing substantial gainful activity (SGA),
and provide that provisional benefits will begin the month after the
request for EXR if the beneficiary stops performing SGA in the month of
the EXR request. These changes will simplify our policies and make them
easier for the public to understand.
DATES: These final rules will be effective November 16, 2016, except
for the amendments to Sec. Sec. 404.1592c and 416.999a, which will be
effective April 17, 2017.
FOR FURTHER INFORMATION CONTACT: Kristine Erwin-Tribbitt, Office of
Retirement and Disability Policy, Office of Research, Demonstration,
and Employment Support, Social Security Administration, 6401 Security
Boulevard, Robert Ball Building 3-A-26, Baltimore, MD 21235-6401, (410)
965-3353. 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: On May 11, 2016, we published an NPRM in the
Federal Register at 81 FR 29212 in which we proposed to revise our
rules to simplify certain aspects of our UWA and EXR policies and make
them easier for the public to understand. We are adopting the proposed
rules as final rules.
The final rules at 20 CFR 404.1574(c), 404.1575(d), 416.974(c), and
416.975(d) remove the additional conditions that we used when we
evaluated a work attempt in employment or self-employment that lasted
between 3 and 6 months and use the current 3-month standard for all
work attempts that are 6 months or less. Under these rules, ordinarily,
work you have done will not
[[Page 71368]]
show that you are able to do substantial gainful activity if, after you
worked for a period of 6 months or less, your impairment forced you to
stop working or to reduce the amount of work you do so that your
earnings from such work fall below the substantial gainful activity
earnings level. The new rules at 20 CFR 404.1592c and 416.999a allow a
previously entitled individual to request EXR in the same month they
stop performing SGA. These new rules apply to Social Security
Disability Insurance (SSDI) and Supplemental Security Income (SSI)
claimants and beneficiaries. We expect these changes will result in
simplified case processing and faster and better determinations and
decisions.
You can find additional information and discussion regarding these
changes in the preamble to our proposed rule.
Public Comments and Discussion
We received eight timely submitted comments that addressed issues
within the scope of our proposed rules. Below, we present the views we
received and address all of the relevant and significant issues raised
by the commenters. We carefully considered their concerns, but did not
make any changes to our rules because of the comments.
Of these eight comments, six were from disability advocacy
organizations, all of whom supported our proposed rules. The
organizations expressed that the proposed changes will have a positive
impact on beneficiaries by supporting their attempts to work and
helping them understand and use the rules. They asserted that this, in
turn, would provide greater assurance to beneficiaries who want to
attempt a return to work and would result in increased program
participation.
Comment: One commenter asked if it would be easier for an
individual to temporarily and voluntarily suspend benefits when trying
to rejoin the work force instead of terminating his or her benefits and
then requesting EXR following an UWA.
Response: Under the Social Security Act, we are required to
terminate an individual's disability benefits if he or she no longer
meets the eligibility requirements and are therefore prohibited from
simply suspending benefits.\1\
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\1\ 42 U.S.C. 416(i)(2)(D)(ii)(II).
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To be entitled to disability benefits, an individual must be unable
to engage in any SGA by reason of any medically determinable physical
or mental impairment that can be expected to result in death, or has
lasted or can be expected to last for a continuous period of not less
than 12 months.\2\ An individual may be determined not to be entitled
to benefits if there is substantial evidence demonstrating that the
individual is able to engage in SGA.\3\ Generally, a period of
disability ends and benefits cease following a finding that the
physical or mental impairment on the basis of which the benefits are
provided has not been disabling for 36 months, as demonstrated by
SGA.\4\
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\2\ 42 U.S.C. 423(d)(1)(A), 42 U.S.C. 1382c(a)(3)(A).
\3\ 42 U.S.C. 423(f)(2)(A)(ii), 42 U.S.C. 1382c(a)(4)(A)(i)(II).
\4\ 42 U.S.C. 416(i)(2)(D)(ii)(II).
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Because we are required to terminate benefits, we established EXR
in order to facilitate benefit reinstatement to individuals whose
benefits terminated as a result of SGA. Previously entitled individuals
may request EXR within 60 months of their prior termination of benefits
if their medical condition no longer permits them to perform SGA. To
qualify for EXR, a previously entitled individual must be unable to
perform SGA due to an impairment that is the same as, or related to, an
impairment that was the basis for the previous entitlement.\5\
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\5\ 20 CFR 404.1592c and 416.999a.
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Comment: One commenter indicated that the proposed rules were
unclear, stating that ``the rules for UWA, as proposed are in direct
conflict with the definition of disability, which requires, in part,
the inability to engage in SGA for 12 consecutive months.'' He went on
to ask if our proposed rule changed the definition of disability or if
it ``merely appl[ies] after the initial 12 month period?''
Response: The new rules do not conflict with the definition of
disability nor do they change our policy or definition of disability.
By applying the current 3-month conditions to all work attempts that
are 6 months or less, the new rules simply remove the additional
documentation previously required of an individual with a work attempt
lasting between 3 and 6 months.
To be eligible for disability benefits, an individual must be
unable to engage in any SGA by reason of any medically determinable
physical or mental impairment which can be expected to result in death
or which has lasted or can be expected to last for a continuous period
of not less than 12 months.\6\ As we explained in our NPRM, disability
evaluation is generally concerned with the ability to work over an
extended period rather than in short, isolated periods.
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\6\ 42 U.S.C. 423(d)(1)(A); 42 U.S.C. 1382c(a)(3)(A).
---------------------------------------------------------------------------
Disability claimants and beneficiaries may attempt to return to
work and engage in SGA following a break in the continuity of their
work. For SGA determination purposes, we may disregard work in
employment or self-employment if a claimant or beneficiary, after
working for a period of 6 months or less, stops working or reduces the
amount of work so that the earnings fall below the SGA level because of
the original impairment or the removal of special conditions that were
essential to the performance of his or her work, and if there was a
significant break in the continuity of work before this work
attempt.\7\
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\7\ 20 CFR 404.1574(c) and 416.974(c).
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Regulatory Procedures
Executive Order 12866, as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that these rules do not meet the criteria for a significant
regulatory action under Executive Order 12866, as supplemented by
Executive Order 13563. Therefore, OMB has not reviewed them.
Regulatory Flexibility Act
We certify that these rules will not have a significant economic
impact on a substantial number of small entities because they affect
individuals only. Therefore, a regulatory flexibility analysis is not
required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new or affect any existing
collections and, therefore, do not require Office of Management and
Budget approval under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance Program Nos. 9601, Social
Security--Disability Insurance; 96.006, Supplemental Security
Income; 96.008, Social Security--Work Incentives Planning and
Assistance Program.)
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Reporting and recordkeeping requirements, Social security, Vocational
rehabilitation.
20 CFR Part 416
Administrative practice and procedure, Medicaid, Reporting and
recordkeeping requirements,
[[Page 71369]]
Supplemental Security Income (SSI), Vocational rehabilitation.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons set out in the preamble, we amend 20 CFR part 404
subpart P and 20 CFR part 416 subpart I as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
Subpart P--Determining Disability and Blindness
0
1. The authority citation for subpart P of part 404 continues to read
as follows:
Authority: Secs. 202, 205(a)-(b) and (d)-(h), 216(i), 221(a),
(i), and (j), 222(c), 223, 225, and 702(a)(5) of the Social Security
Act (42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a), (i), and
(j), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193,
110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42
U.S.C. 902 note).
0
2. Amend Sec. 404.1574 by revising the first sentence of paragraph
(c)(1), revising paragraph (c)(3), removing paragraph (c)(4), and
redesignating paragraph (c)(5) as (c)(4) to read as follows:
Sec. 404.1574 Evaluation guides if you are an employee.
* * * * *
(c) * * *
(1) General. Ordinarily, work you have done will not show that you
are able to do substantial gainful activity if, after you worked for a
period of 6 months or less, your impairment forced you to stop working
or to reduce the amount of work you do so that your earnings from such
work fall below the substantial gainful activity earnings level in
paragraph (b)(2) of this section, and you meet the conditions described
in paragraphs (c)(2), (3), and (4) of this section. * * *
* * * * *
(3) If you worked 6 months or less. We will consider work of 6
months or less to be an unsuccessful work attempt if you stopped
working or you reduced your work and earnings below the substantial
gainful activity earnings level because of your impairment or because
of the removal of special conditions that took into account your
impairment and permitted you to work.
* * * * *
0
3. Amend Sec. 404.1575 by revising the first sentence of paragraph
(d)(1), revising paragraph (d)(3), removing paragraph (d)(4), and
redesignating paragraph (d)(5) as (d)(4) to read as follows:
Sec. 404.1575 Evaluation guides if you are self-employed.
* * * * *
(d) * * *
(1) General. Ordinarily, work you have done will not show that you
are able to do substantial gainful activity if, after working for a
period of 6 months or less, you were forced by your impairment to stop
working or to reduce the amount of work you do so that you are no
longer performing substantial gainful activity and you meet the
conditions described in paragraphs (d)(2), (3), and (4) of this
section. * * *
* * * * *
(3) If you worked 6 months or less. We will consider work of 6
months or less to be an unsuccessful work attempt if you stopped
working or you reduced your work and earnings below the substantial
gainful activity earnings level because of your impairment or because
of the removal of special conditions that took into account your
impairment and permitted you to work.
* * * * *
0
4. Amend Sec. 404.1592c by revising paragraph (a)(4)(i) and (c)(2) to
read as follows:
Sec. 404.1592c Who is entitled to expedited reinstatement?
(a) * * *
(4) * * *
(i) You are not able or become unable to do substantial gainful
activity because of your medical condition as determined under
paragraph (c) of this section;
* * * * *
(c) * * *
(2) You are not able or become unable to do substantial gainful
activity in the month you file your request for reinstatement; and
* * * * *
0
5. Amend Sec. 404.1592e by revising paragraph (a)(1) to read as
follows:
Sec. 404.1592e How do we determine provisional benefits?
(a) * * *
(1) We will pay you provisional benefits, and reinstate your
Medicare if you are not already entitled to Medicare, beginning with
the month you file your request for reinstatement under Sec.
404.1592c(a) if you do not perform substantial gainful activity in that
month. We will pay you provisional benefits, and reinstate your
Medicare if you are not already entitled to Medicare, beginning with
the month after you file your request for reinstatement under Sec.
404.1592c(a) if you perform substantial gainful activity in the month
in which you file your request for reinstatement.
* * * * *
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart I--Determining Disability and Blindness
0
6. The authority citation for subpart I of part 416 continues to read
as follows:
Authority: Secs. 221(m), 702(a)(5), 1611, 1614, 1619, 1631(a),
(c), (d)(1), and (p), and 1633 of the Social Security Act (42 U.S.C.
421(m), 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), (d)(1), and
(p), and 1383b; secs. 4(c) and 5, 6(c)-(e), 14(a), and 15, Pub. L.
98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423
note, and 1382h note).
0
7. Amend Sec. 416.974 by revising paragraph (c)(3), removing paragraph
(c)(4), and redesignating paragraph (c)(5) as (c)(4) to read as
follows:
Sec. 416.974 Evaluation guides if you are an employee.
* * * * *
(c) * * *
(3) If you worked 6 months or less. We will consider work of 6
months or less to be an unsuccessful work attempt if you stopped
working or you reduced your work and earnings below the substantial
gainful activity earnings level because of your impairment or because
of the removal of special conditions that took into account your
impairment and permitted you to work.
* * * * *
0
8. Amend Sec. 416.975 by revising paragraph (d)(1) and (3), removing
paragraph (d)(4), and redesignating paragraph (d)(5) as (d)(4) to read
as follows:
Sec. 416.975 Evaluation guides if you are self-employed.
* * * * *
(d) * * *
(1) General. Ordinarily, work you have done will not show that you
are able to do substantial gainful activity if, after working for a
period of 6 months or less, you were forced by your impairment to stop
working or to reduce the amount of work you do so that you are no
longer performing substantial gainful activity and you meet the
conditions described in paragraphs (d)(2), (3), and (4) of this
section.
* * * * *
(3) If you worked 6 months or less. We will consider work of 6
months or less to be an unsuccessful work attempt if you stopped
working or you reduced your work and earnings below the substantial
gainful activity earnings
[[Page 71370]]
level because of your impairment or because of the removal of special
conditions that took into account your impairment and permitted you to
work.
* * * * *
0
9. Amend Sec. 416.999a by revising paragraph (a)(4)(i) and (c)(2) to
read as follows:
Sec. 416.999a Who is eligible for expedited reinstatement?
(a) * * *
(4) * * *
(i) You are not able or become unable to do substantial gainful
activity because of your medical condition as determined under
paragraph (c) of this section.
* * * * *
(c) * * *
(2) You are not able or become unable to do substantial gainful
activity in the month you file your request for reinstatement; and
* * * * *
[FR Doc. 2016-24873 Filed 10-14-16; 8:45 am]
BILLING CODE 4191-02-P
