Social Security Administration October 2005 – Federal Register Recent Federal Regulation Documents

The Commissioner has determined (1) A 4.1 percent cost-of-living increase in Social Security benefits under title II of the Social Security Act (the Act), effective for December 2005; (2) An increase in the Federal Supplemental Security Income (SSI) monthly benefit amounts under title XVI of the Act for 2006 to $603 for an eligible individual, $904 for an eligible individual with an eligible spouse, and $302 for an essential person; (3) The student earned income exclusion to be $1,460 per month in 2006 but not more than $5,910 in all of 2006; (4) The dollar fee limit for services performed as a representative payee to be $33 per month ($64 per month in the case of a beneficiary who is disabled and has an alcoholism or drug addiction condition that leaves him or her incapable of managing benefits) in 2006; (5) The national average wage index for 2004 to be $35,648.55; (6) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base to be $94,200 for remuneration paid in 2006 and self-employment income earned in taxable years beginning in 2006; (7) The monthly exempt amounts under the Social Security retirement earnings test for taxable years ending in calendar year 2006 to be $1,040 and $2,770; (8) The dollar amounts (``bend points'') used in the primary insurance amount benefit formula for workers who become eligible for benefits, or who die before becoming eligible, in 2006 to be $656 and $3,955; (9) The dollar amounts (``bend points'') used in the formula for computing maximum family benefits for workers who become eligible for benefits, or who die before becoming eligible, in 2006 to be $838, $1,210, and $1,578; (10) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2006 to be $970; (11) The ``old-law'' contribution and benefit base to be $69,900 for 2006; (12) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2006 to be $1,450, and the corresponding amount for non-blind disabled persons to be $860; (13) The earnings threshold establishing a month as a part of a trial work period to be $620 for 2006; and (14) Coverage thresholds for 2006 to be $1,500 for domestic workers and $1,300 for election workers.

We intend to hold a series of town hall meetings to maximize the opportunities for individuals and organizations to give us input on our Notice of Proposed Rulemaking (NPRM) to amend our regulations for the Ticket to Work and Self-Sufficiency Program (Ticket to Work program). We invite the public, including beneficiaries and other individuals with disabilities, their advocates, service providers, employers and other interested parties to attend these public meetings and to give us input on our proposed changes to the rules for the Ticket to Work program. We are announcing the scheduling of the first of these town hall meetings and a tentative schedule of additional meetings.

We propose to amend our regulations on representative payment and on the administrative procedure for imposing penalties for false or misleading statements or withholding of information to reflect and implement certain provisions of the Social Security Protection Act of 2004 (SSPA), Public Law 108-203. The SSPA amends representative payment policies by providing additional safeguards for Social Security, Special Veterans and Supplemental Security Income beneficiaries served by representative payees. These changes include additional disqualifying factors for representative payee applicants, additional requirements for non-governmental fee-for-service payees, authority to redirect delivery of benefit payments when a representative payee fails to provide required accountings, and authority to treat misused benefits as an overpayment to the representative payee. In addition, we propose to modify our rules to explain financial requirements for representative payees, and we also have made minor clarifying plain language changes. The SSPA also allows SSA to impose a penalty on any person who knowingly withholds information that is material for use in determining any right to or the amount of monthly benefits under titles II or XVI. The penalty is nonpayment for a specified number of months of benefits under title II that would otherwise be payable and ineligibility for the same period of time for cash benefits under title XVI (including State supplementary payments).

In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)), we are issuing public notice of our intent to alter an existing system of records entitled the Visitor Intake Process/Customer Service Record (VIP/CSR) System, 60-0350. The proposed alterations will result in the following changes to the VIP/CSR system of records: (1) Expansion of the categories of individuals covered by the VIP/ CSR system of records to include individuals who visit any SSA office or who may contact any SSA office by telephone and/or by e-mail and who attempt or commit a violent act or make threats of violence towards an SSA employee, any individual visiting an SSA office conducting business, or any SSA office; and recording identifying information about the individual within the Visitor Intake Process/Customer Service Record (VIP/CSR) system. (2) Expansion of the categories of records maintained in the VIP/ CSR system of records to include identifying information about the new category of individuals that will be maintained in the VIP/CSR system of records, and a ``High Risk'' alert indicator based on type of threat or act of violence perpetrated by the individual. (3) Expansion of the purposes for which SSA uses information maintained in the VIP/CSR system of records to include use of the system to alert employees in a Social Security office when an individual attempted or committed a violent act or made threats of violence towards an SSA employee, any individual visiting an SSA office conducting business, or any SSA office ; and (4) A proposed new routine use disclosure applicable to information in the VIP/CSR system of records providing for the release of information to law enforcement agencies and private security contractors to protect the safety of SSA employees and customers, the security of the SSA workplace and the operation of SSA facilities, or to assist investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupts the operation of SSA facilities. All of the proposed alterations are discussed in the Supplementary Information section below. We invite public comment on this proposal.