Social Security Rulings (SSRs) 96-3p and 96-4p; Rescission of SSRs 96-3p and 96-4p, 27816 [2018-12820]

Download as PDF 27816 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices Act, in particular the requirements of Section 17A of the Act 77 and the rules and regulations thereunder. It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that proposed rule change SR–FICC–2018– 003 be, and hereby is, Approved.78 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.79 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018–12754 Filed 6–13–18; 8:45 am] BILLING CODE 8011–01–P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2017–0030] Social Security Rulings (SSRs) 96–3p and 96–4p; Rescission of SSRs 96–3p and 96–4p Social Security Administration. Notice of rescission of SSRs. AGENCY: ACTION: We give notice of the rescission of SSRs 96–3p and 96–4p. DATES: We will apply this rescission notice on June 14, 2018. FOR FURTHER INFORMATION CONTACT: Dan O’Brien, Office of Vocational, Evaluation, and Process Policy in the Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 597–1632. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772– 1213 or visit our internet site, Social Security Online, at http:// www.socialsecurity.gov. SUMMARY: We use SSRs to make available to the public precedential decisions relating to the Federal old-age, survivors, disability, supplemental security income, and special veterans benefits programs. We may base SSRs on determinations or decisions made in our administrative review process, Federal court decisions, decisions of our Commissioner, opinions from our Office of the General Counsel, or other interpretations of law and regulations. In accordance with 20 CFR 402.35(b)(1), we give notice that we are rescinding the following SSRs: • SSR 96–3p: Titles II and XVI: Considering Allegations of Pain and Other Symptoms in Determining daltland on DSKBBV9HB2PROD with NOTICES SUPPLEMENTARY INFORMATION: 77 15 U.S.C. 78q–1. approving the proposed rule change, the Commission considered the proposals’ impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 79 17 CFR 200.30–3(a)(12). 78 In VerDate Sep<11>2014 16:38 Jun 13, 2018 Jkt 244001 Whether a Medically Determinable Impairment is Severe. • SSR 96–4p: Titles II and XVI: Symptoms, Medically Determinable Physical and Mental Impairments, and Exertional and Nonexertional Limitations. These SSRs are unnecessarily duplicative of SSR 16–3p Titles II and XVI: Evaluation of Symptoms in Disability Claims, which was applicable on March 28, 2016, published in the Federal Register on March 16, 2016, 81 FR 14166.1 SSR 16–3p, a more comprehensive statement of our policy on symptoms, explains how we evaluate the extent to which alleged symptoms limit an adult’s ability to perform workrelated activities and a child’s ability to function effectively in an ageappropriate manner. SSR 96–3p clarified how adjudicators should consider allegations of pain and other symptoms in determining whether a medically determinable impairment (MDI) is severe. SSR 16–3p explains our two-step process for evaluating an individual’s symptoms where, at the first step, we determine whether the individual has an MDI that could reasonably be expected to produce the individual’s alleged symptoms. At the second step, we evaluate the intensity and persistence of an individual’s symptoms such as pain and determine the extent to which an individual’s symptoms limit his or her ability to perform work-related activities for an adult or to function independently, appropriately, and effectively in an ageappropriate manner for a child with a title XVI disability claim. SSR 16–3p explains that we will consider symptoms and functional limitations to determine whether an impairment is severe unless the objective medical evidence alone establishes a severe MDI or combination of impairments that meets our duration requirement. Therefore, the information contained in SSR 96–3p duplicates policy in SSR 16– 3p. SSR 96–4p explained that no symptom, by itself, could establish the existence of a medically determinable physical or mental impairment. In SSR 16–3p, we clarified that an individual’s symptoms alone are not enough to establish the existence of a physical or mental impairment or disability, and 1 On March 24, 2016, we published a correction notice in the Federal Register that amended and corrected the effective date of SSR 16–3p (81 FR 15776). On October 25, 2017, we published a notice of Social Security Ruling in the Federal Register that changes the ‘‘effective date’’ to ‘‘applicable date’’ and revises the Social Security Ruling to explain how we apply the Ruling as it relates to the applicable date (82 FR 49462). PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 that we will not find an individual disabled based on alleged symptoms alone. Therefore, the information contained in SSR 96–4p duplicates policy in SSR 16–3p. Consequently, we are rescinding SSRs 96–3p and 96–4p. (Catalog of Federal Domestic Assistance, Programs Nos. 96.001, Social Security— Disability Insurance; 96.002, Social Security— Retirement Insurance; 96.004, Social Security—Survivors Insurance; 96.006—Supplemental Security Income.) Nancy A. Berryhill, Acting Commissioner of Social Security. [FR Doc. 2018–12820 Filed 6–13–18; 8:45 am] BILLING CODE 4191–02–P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2015–0003] Privacy Act of 1974; System of Records Deputy Commissioner of Budget, Finance, and Management, Social Security Administration (SSA). ACTION: Notice of a new system of records. AGENCY: In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, Social Security Administration Violence Evaluation and Reporting System (SSAvers) (60–0379). We are establishing SSAvers to cover information we collect about employees, contractors, and members of the public who are allegedly involved in, or witness incidents of, workplace and domestic violence. DATES: The System of Records Notice (SORN) is applicable upon its publication in today’s Federal Register, with the exception of the routine uses which are effective July 16, 2018. We invite public comment on the routine uses or other aspects of this SORN. In accordance with 5 U.S.C. 552a(e)(4) and (e)(11), the public is given a 30-day period in which to submit comments. Therefore, please submit any comments by July 16, 2018. ADDRESSES: The public, Office of Management and Budget (OMB), and Congress may comment on this publication by writing to the Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, SSA, Room G–401 West High Rise, 6401 Security Boulevard, Baltimore, Maryland 21235–6401, or through the Federal e-Rulemaking Portal at http://www.regulations.gov, please reference docket number SSA–2015– 0003. All comments we receive will be SUMMARY: E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Notices]
[Page 27816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12820]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2017-0030]


Social Security Rulings (SSRs) 96-3p and 96-4p; Rescission of 
SSRs 96-3p and 96-4p

AGENCY: Social Security Administration.

ACTION: Notice of rescission of SSRs.

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SUMMARY: We give notice of the rescission of SSRs 96-3p and 96-4p.

DATES: We will apply this rescission notice on June 14, 2018.

FOR FURTHER INFORMATION CONTACT: Dan O'Brien, Office of Vocational, 
Evaluation, and Process Policy in the Office of Disability Policy, 
Social Security Administration, 6401 Security Boulevard, Baltimore, MD 
21235-6401, (410) 597-1632. For information on eligibility or filing 
for benefits, call our national toll-free number, 1-800-772-1213 or 
visit our internet site, Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: We use SSRs to make available to the public 
precedential decisions relating to the Federal old-age, survivors, 
disability, supplemental security income, and special veterans benefits 
programs. We may base SSRs on determinations or decisions made in our 
administrative review process, Federal court decisions, decisions of 
our Commissioner, opinions from our Office of the General Counsel, or 
other interpretations of law and regulations.
    In accordance with 20 CFR 402.35(b)(1), we give notice that we are 
rescinding the following SSRs:
     SSR 96-3p: Titles II and XVI: Considering Allegations of 
Pain and Other Symptoms in Determining Whether a Medically Determinable 
Impairment is Severe.
     SSR 96-4p: Titles II and XVI: Symptoms, Medically 
Determinable Physical and Mental Impairments, and Exertional and 
Nonexertional Limitations.
    These SSRs are unnecessarily duplicative of SSR 16-3p Titles II and 
XVI: Evaluation of Symptoms in Disability Claims, which was applicable 
on March 28, 2016, published in the Federal Register on March 16, 2016, 
81 FR 14166.\1\ SSR 16-3p, a more comprehensive statement of our policy 
on symptoms, explains how we evaluate the extent to which alleged 
symptoms limit an adult's ability to perform work-related activities 
and a child's ability to function effectively in an age-appropriate 
manner.
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    \1\ On March 24, 2016, we published a correction notice in the 
Federal Register that amended and corrected the effective date of 
SSR 16-3p (81 FR 15776). On October 25, 2017, we published a notice 
of Social Security Ruling in the Federal Register that changes the 
``effective date'' to ``applicable date'' and revises the Social 
Security Ruling to explain how we apply the Ruling as it relates to 
the applicable date (82 FR 49462).
---------------------------------------------------------------------------

    SSR 96-3p clarified how adjudicators should consider allegations of 
pain and other symptoms in determining whether a medically determinable 
impairment (MDI) is severe. SSR 16-3p explains our two-step process for 
evaluating an individual's symptoms where, at the first step, we 
determine whether the individual has an MDI that could reasonably be 
expected to produce the individual's alleged symptoms. At the second 
step, we evaluate the intensity and persistence of an individual's 
symptoms such as pain and determine the extent to which an individual's 
symptoms limit his or her ability to perform work-related activities 
for an adult or to function independently, appropriately, and 
effectively in an age-appropriate manner for a child with a title XVI 
disability claim. SSR 16-3p explains that we will consider symptoms and 
functional limitations to determine whether an impairment is severe 
unless the objective medical evidence alone establishes a severe MDI or 
combination of impairments that meets our duration requirement. 
Therefore, the information contained in SSR 96-3p duplicates policy in 
SSR 16-3p.
    SSR 96-4p explained that no symptom, by itself, could establish the 
existence of a medically determinable physical or mental impairment. In 
SSR 16-3p, we clarified that an individual's symptoms alone are not 
enough to establish the existence of a physical or mental impairment or 
disability, and that we will not find an individual disabled based on 
alleged symptoms alone. Therefore, the information contained in SSR 96-
4p duplicates policy in SSR 16-3p. Consequently, we are rescinding SSRs 
96-3p and 96-4p.

(Catalog of Federal Domestic Assistance, Programs Nos. 96.001, 
Social Security--Disability Insurance; 96.002, Social Security-- 
Retirement Insurance; 96.004, Social Security--Survivors Insurance; 
96.006--Supplemental Security Income.)

Nancy A. Berryhill,
Acting Commissioner of Social Security.
[FR Doc. 2018-12820 Filed 6-13-18; 8:45 am]
 BILLING CODE 4191-02-P