Social Security Administration 2005 – Federal Register Recent Federal Regulation Documents
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Update to Divided State Retirement Systems Coverage Group List and Technical Coverage Corrections Required by the Social Security Protection Act of 2004
We are issuing these final rules to reflect in our regulations four self-implementing provisions in the Social Security Protection Act of 2004 (SSPA). One provision adds two States (Kentucky and Louisiana) to a list of States that are permitted to divide public employee retirement systems based on whether the State and/or local employees in positions under the systems want Social Security and/or Medicare coverage or not. The other three provisions make technical corrections to the Social Security Act (the Act) and the Internal Revenue Code (IRC) regarding various Social Security coverage issues.
Demonstration Project on Direct Payment of Fees to Non-Attorney Representatives
This notice provides information about the continuing education requirement that non-attorney representatives must satisfy to participate in the 5-year demonstration project on direct payment of fees to non-attorneys under section 303 of the Social Security Protection Act of 2004 (SSPA). The notice also announces that we have lowered the liability insurance requirements for participants and determined that applicants will be given an opportunity to correct defects in their applications to participate in the demonstration project, in certain circumstances; to protest a denial of their applications for any reason; and, where warranted, to have their paid application fee refunded or applied to satisfy the fee requirement for a subsequent application. The notice also clarifies the requirement regarding experience in representing claimants before SSA.
Technical Revisions to the Supplemental Security Income (SSI) Regulations on Income and Resources
We are amending our SSI regulations by making technical revisions to our rules on income and resources based on the Social Security Protection Act (SSPA) of 2004 and several other statutory changes. These technical revisions update lists of exclusions from income and resources under the SSI program and make additional technical corrections.
Rules for Helping Blind and Disabled Individuals Achieve Self-Support
We are proposing to amend our regulations to implement section 203 of the Social Security Independence and Program Improvements Act of 1994. Section 203 of this law amended section 1633 of the Social Security Act to require us to establish by regulations criteria for time limits and other criteria related to plans to achieve self-support (PASS). The law requires that the time limits take into account the length of time that a person needs to achieve his or her employment goal, within a reasonable period, and other factors as determined by the Commissioner to be appropriate. A PASS allows some people who receive or are eligible for Supplemental Security Income (SSI) disability benefits to set aside part of their income and/or resources to meet an employment goal. The income and/or resources set aside under a PASS will not be counted in determining the amount of the person's SSI payment or his or her eligibility.
Revised Medical Criteria for Evaluating Genitourinary Impairments
We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving genitourinary impairments. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The revisions reflect advances in medical knowledge, treatment, and methods of evaluating genitourinary impairments.
Continuation of Benefit Payments to Certain Individuals Who Are Participating in a Program of Vocational Rehabilitation Services, Employment Services, or Other Support Services
We are publishing final rules that amend the rules for the continuation of disability benefit payments under titles II and XVI of the Social Security Act (the Act) to certain individuals who recover medically while participating in an appropriate vocational rehabilitation (VR) program with a State vocational rehabilitation agency. We are amending these rules to conform with statutory amendments that extend eligibility for these continued benefit payments to certain individuals who recover medically while participating in an appropriate program of services. These include individuals participating in the Ticket to Work and Self-Sufficiency Program or another program of vocational rehabilitation services, employment services, or other support services approved by the Commissioner of Social Security. We are also extending eligibility for these continued benefit payments to students age 18 through 21 who recover medically, or whose disability is determined to have ended as a result of an age- 18 redetermination, while participating in an individualized education program developed under the Individuals with Disabilities Education Act with an appropriate provider of services. Providers of services we may approve include a public or private organization with expertise in the delivery or coordination of vocational rehabilitation services, employment services, or other support services; or a public, private or parochial school that provides or coordinates a program of vocational rehabilitation services, employment services, or other support services carried out under an individualized program or plan.
Privacy Act of 1974; as Amended; New System of Records and New Routine Use Disclosures
The Social Security Administration published a document in the Federal Register on June 14, 2005, establishing a new system of records, the National Docketing Management Information System. The document contained an error in the system number.
Evidentiary Requirements for Making Findings About Medical Equivalence
We propose to revise our regulations that pertain to the processing of claims for disability benefits under title II and title XVI of the Social Security Act (the Act). The proposed revisions would make the language in the rules we use under title II of the Act for making findings about medical equivalence consistent with the language in the rules that we use under title XVI of the Act. The proposed revisions would also clarify our rules about the evidence we use when we make findings about medical equivalence for adults and children. We also propose to update and clarify our rules that explain the Listing of Impairments (the listings) and how your impairment(s) can meet a listing.
Extension of the Expiration Date for Several Body System Listings
We use the Listing of Impairments (the listings) at the third step of the sequential evaluation process when we evaluate your claim for benefits based on disability under title II and title XVI of the Social Security Act (the Act). This final rule extends until July 3, 2006, the date on which listings for four body systems will no longer be effective and extends until July 2, 2007, the date on which the listings for eight body systems will no longer be effective. Other than extending the date during which the listings will be effective, we have made no revisions to the listings; they remain the same as they now appear in the Code of Federal Regulations. This extension will ensure that we continue to have the medical evaluation criteria in the listings to adjudicate disability claims in these body systems at step three of the sequential evaluation process.
Privacy Act of 1974; as Amended; New System of Records and New Routine Use Disclosures
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 establish a new system of records entitled, the National Docketing Management Information System (NDMIS) and routine uses applicable to this system of records. Hereinafter, we will refer to the proposed system of records as the NDMIS. We invite public comments on this proposal.
Work Activity of Persons Working as Members of Advisory Committees Established Under the Federal Advisory Committee Act (FACA)
We are proposing to revise our disability regulations under titles II and XVI of the Social Security Act to incorporate a new, special rule that would affect individuals who are receiving payments or providing services as members or consultants of a committee, board, commission, council or similar group established under the Federal Advisory Committee Act (FACA). Under this special rule, we would not count any earnings an individual is receiving from serving as a member or consultant of a FACA advisory committee when we determine if the individual is engaging in substantial gainful activity under titles II and XVI of the Social Security Act (the Act). In addition, we would not evaluate any of the services the individual is providing as a member or consultant of the FACA advisory committee when determining if the individual has engaged in substantial gainful activity under titles II and XVI of the Act. Based on our experience with FACA advisory committees and the frequency and level of activity required by these committees, we believe that performance of activity on these committees does not demonstrate the ability to perform substantial gainful activity. We believe this to be consistent with Congress's view as it has recognized in creating the Ticket to Work advisory committee, for example, that current disability beneficiaries should be considered for membership. This also will encourage individuals with disabilities to serve on FACA advisory committees, thereby providing the benefit of their unique perspective on policies and programs to the Federal Government.
Privacy Act of 1974; as Amended; New System of Records and New Routine Use Disclosures
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 establish a new system of records entitled Representative Payee/Misuse Restitution Control System (RP/MRCS), 60-0318, and routine uses applicable to this system of records. Hereinafter, we will refer to the proposed system of records as the RP/MRCS. We invite public comments on this proposal.
Amendments to Annual Earnings Test for Retirement Beneficiaries
These final rules amend our regulations to conform to the ``Senior Citizens' Freedom to Work Act of 2000.'' This legislation was enacted on April 7, 2000, and became retroactively effective on January 1, 2000. It eliminates the Social Security annual earnings test for retirement beneficiaries, starting from the month in which they reach full retirement age. Before the passage of this legislation, persons reaching full retirement age were subject to an earnings test until the month in which they attained age 70.
Supplemental Standards of Ethical Conduct for Employees of the Social Security Administration
On February 11, 2005, SSA, with the concurrence of the Office of Government Ethics (OGE), published a notice of proposed rulemaking (NPRM) in the Federal Register (70 FR 7192-7196) that would supplement, for officers and employees of SSA, the OGE Standards of Ethical Conduct for Employees of the Executive Branch. The proposed regulations would set forth prohibitions and prior approval requirements for certain outside employment and other outside activities for all SSA employees, except special Government employees, and would set forth additional prior approval requirements for SSA Administrative Law Judges. To allow the public additional time to send us comments, we are reopening the comment period.
Social Security Ruling, SSR 05-03p.; Title XVI: Determining Continuing Disability at Step 2 of the Medical Improvement Review Standard Sequential Evaluation Process for Children Under Age 18-Functional Equivalence
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of Social Security Ruling, SSR 05-03p. This Ruling explains our policies for determining continuing disability at step 2 of the medical improvement review standard for children under 20 CFR 416.994a(b)(2).
Social Security Disability Program Demonstration Project: Benefit Offset Pilot Demonstration
We announce a demonstration project relating to the Social Security disability program under title II of the Social Security Act (the Act). In this demonstration, called the Benefit Offset Pilot Demonstration, we will test modifications to current program rules that we apply to title II disability beneficiaries who work. We will also modify current rules for paying outcome payments to providers of services under the Ticket to Work and Self-Sufficiency program (Ticket to Work program). We are conducting this project under the demonstration authority provided in section 234 of the Act.
Revised Medical Criteria for Evaluating Respiratory System Disorders
We are planning to update and revise the rules we use to evaluate respiratory disorders of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Social Security Act (the Act). The rules we plan on revising are sections 3.00 and 103.00 in the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings). We invite you to send us comments and suggestions for updating and revising these rules. After we have considered your comments and suggestions, as well as information about advances in medical knowledge, treatment, and methods of evaluating respiratory disorders, and our program experience, we intend to publish for public comment a Notice of Proposed Rulemaking (NPRM) that will propose specific revisions to the rules. As part of our long-term planning for the disability programs, we are also interested in your ideas for how we may be able to improve our programs for people who have respiratory disorders, especially those who would like to work.
Revised Medical Criteria for Evaluating Neurological Impairments
We are planning to update and revise the rules we use to evaluate neurological impairments of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Social Security Act (the Act). The rules we plan on revising are sections 11.00 and 111.00 in the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings). We invite you to send us comments and suggestions for updating and revising these rules. After we have considered your comments and suggestions, as well as information about advances in medical knowledge, treatment, and methods of evaluating neurological disorders, and our program experience, we intend to publish for public comment a Notice of Proposed Rulemaking (NPRM) that will propose specific revisions to the rules. As part of our long-term planning for the disability programs, we are also interested in your ideas for how we may be able to improve our programs for people who have neurological disorders, especially those who would like to work.
New Medical Criteria for Evaluating Language and Speech Disorders
We are considering whether to propose new rules for evaluating language and speech disorders. The new rules would apply to adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Social Security Act (the Act). Specifically, we are considering whether to add a new body system in the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings) for these disorders. We invite you to send us comments about whether we should establish these new rules, as well as suggestions about what the proposed rules should include. We will consider your comments and suggestions, as well as information about advances in medical knowledge, treatment, and methods of evaluating language and speech disorders, along with our program experience. If we decide to propose new listings for language and speech disorders, we will publish them as proposed rules for public comment in a Notice of Proposed Rulemaking (NPRM). As part of our long-term planning for the disability programs, we are also interested in your ideas for how we may improve our programs for people with disabilities, including people who have disabilities based on language and speech disorders, and especially those who would like to work.
Revised Medical Criteria for Evaluating Hearing Impairments and Disturbance of Labyrinthine-Vestibular Function
We are planning to update and revise the rules we use to evaluate hearing impairments and disturbance of labyrinthine-vestibular function of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Social Security Act (the Act). The rules we plan on revising are in sections 2.00 and 102.00 in the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings). We invite you to send us comments and suggestions for updating and revising these rules. After we have considered your comments and suggestions, as well as information about advances in medical knowledge, treatment, and methods of evaluating hearing impairments and disturbance of labyrinthine- vestibular function, and our program experience, we intend to publish for public comment a Notice of Proposed Rulemaking (NPRM) that will propose specific revisions to the rules. As part of our long-term planning for the disability programs, we are also interested in your ideas for how we may be able to improve our programs for people who have hearing impairments or disturbance of labyrinthine-vestibular function, especially those who would like to work.
Representation of Parties; Recognition, Disqualification, and Reinstatement of Representative
We propose to revise our regulations to identify additional bases upon which we may bring charges to disqualify an individual from acting as a representative before the Social Security Administration (SSA), and to set forth the conditions under which we will reinstate an individual whom we have disqualified as a representative because the individual collected or received, and retains, a fee in excess of the amount we authorized. These proposed rules revise our regulations on the representation of parties to implement section 205 of the Social Security Protection Act of 2004 (SSPA) and to make additional changes in these regulations that relate to the changes required by this legislation. The rules also propose three technical changes in our regulations on the representation of parties. DATES: To be sure that we consider your comments, we must receive them by June 13, 2005.
Nonpayment of Benefits When the Social Security Administration Receives Notice That an Insured Person Is Deported or Removed From the United States
To implement part of the Social Security Protection Act of 2004 (SSPA), we are revising our regulations that prohibit payment of monthly benefits and the lump sum death payment under title II of the Social Security Act (the Act) when SSA receives notice that an insured person is deported or removed from the United States under certain provisions of the Immigration and Nationality Act (INA).
Expanded Authority for Cross-Program Recovery of Benefit Overpayments
We are adopting without change the final rules that were published in the Federal Register on January 3, 2005, at 70 FR 11, revising our rules on the recovery of overpayments incurred under one of our programs from benefits payable to the overpaid individual under other programs we administer. The revised rules expand the authority for cross-program recovery of overpayments made in our various programs. We are implementing a portion of those rules that we did not implement on January 3, 2005, pending consideration of public comments that we requested at that time.
Technical Amendments To Change Cross-References
This document corrects two cross-references in the final rules we published in the Federal Register on November 15, 2004 (69 FR 67017). These final rules revised the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving malignant neoplastic diseases.
Technical Amendments To Change a Cross-Reference and To Remove Reference to an Obsolete Form
This document contains two technical corrections to our regulations. The first correction changes a cross-reference in our regulations regarding how we credit quarters of coverage for calendar years before 1978. The second correction removes reference to a form that has been obsolete since November 2002.
Civil Monetary Penalties, Assessments and Recommended Exclusions
In accordance with legislative changes, we propose to add new rules that would amend current procedures for the Social Security Administration's civil monetary penalty cases. These proposed rules would amend the current rules by holding representative payees liable for the wrongful conversion of Social Security benefits and by adding a provision for withholding disclosure of material statements to the Social Security Administration. These proposed rules would also amend the current rules by prohibiting offers that charge fees for products or services otherwise provided free of charge by the Social Security Administration, unless sufficient notice is provided, and by adding to the list of enumerated terms that could be used as part of misleading advertisements. These revisions reflect provisions of the Social Security Protection Act of 2004. These proposed rules would also reflect the addition of title VIII, Special Benefits for Certain World War II Veterans, to the Social Security Act, to subject individuals to the possible imposition of a civil monetary penalty and assessment for a violation of this title. These revisions reflect provisions of the Foster Care Independence Act of 1999.
Notice Announcing Implementation of Sections 302 and 303 of the Social Security Protection Act of 2004
The purpose of this notice is to announce that the Social Security Administration (SSA) has implemented sections 302 and 303 of the Social Security Protection Act of 2004 (SSPA). Section 302 of the SSPA extends the current attorney fee withholding and payment process under title II of the Social Security Act (the Act) to claims for benefits under title XVI of the Act. Section 303 of the SSPA requires the Commissioner of Social Security (the Commissioner) to develop and implement a five-year nationwide demonstration project that extends to certain non-attorney representatives of claimants under titles II and XVI of the Act the option to have approved representatives' fees withheld and paid directly from a beneficiary's past-due benefits.
Privacy Act of 1974; as Amended New System of Records and New Routine Use Disclosures
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 establish a new system of records entitled Representative Payee/Misuse Restitution Control System (RP/MRCS), 60-0318, and routine uses applicable to this system of records. Hereinafter, we will refer to the proposed system of records as the RP/MRCS. We invite public comments on this proposal.
Wage Credits for Veterans and Members of the Uniformed Services
We are amending our rules on wage credits for veterans and members of the uniformed services. The revisions are required by the Department of Defense Appropriations Act of 2002 and the Social Security Protection Act of 2004. The enactments changed a Social Security Act requirement providing deemed military wage credits for service as members of the uniformed services on active duty or active duty for training beginning in 1957 (when that service was first covered for Social Security purposes on a contributory basis). The provisions provide for the termination of such deemed military wage credits effective with military wages earned after December 31, 2001. The wage credits will continue to be given for periods prior to calendar year 2002.
Medicare Part D Subsidies
We propose to add to our regulations a new part 418 to contain rules that we will apply when we evaluate applications for premium and cost-sharing subsidies under the Medicare program. We propose to include a new subpart D, Medicare Part D Subsidies, to this part. This new subpart would contain the rules that we use to determine eligibility for premium and cost-sharing subsidies under the Medicare Part D program, which was added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Medicare Modernization Act). These proposed rules would describe: what the new subpart is about; how we determine whether you are eligible for premium and cost- sharing subsidies; how we redetermine your eligibility for a subsidy; how you apply for a subsidy; how we evaluate your income and resources; when your eligibility for premium and cost-sharing subsidies terminates; how you may report changes in your circumstances; and how you can appeal a determination we make under the Part D subsidy program.
Privacy Act of 1974, as Amended Alteration to Existing System of Records and New Routine Use Disclosure
In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (11)), we are issuing public notice of our intent to alter two existing systems of records, the Recovery of Overpayments, Accounting and Reporting, 60-0094 and the Supplemental Security Income Record and Special Veterans Benefits, 60-0103. The proposed alterations will result in the following changes to these two systems of records: (1) Expansion of the categories of individuals covered by the systems to include former beneficiaries and representative payees of Social Security payments and former recipients of Supplemental Security Income (SSI) payments who received an overpayment and owe a delinquent debt to the SSA; (2) Expansion of the purposes for which SSA uses information maintained in the systems; and (3) A proposed new routine use disclosure in each system providing for the release of information to employers to assist SSA in collecting delinquent debts owed to the Agency from the disposable pay of the debtors described above. All of the proposed alterations are discussed in the SUPPLEMENTARY INFORMATION section below. We invite public comment on this proposal.
Social Security Ruling, SSR 05-02; Titles II and XVI: Determination of Substantial Gainful Activity if Substantial Work Activity Is Discontinued or Reduced-Unsuccessful Work Attempt
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice that Social Security Ruling (SSR) 84-25 is being superseded by this Ruling. This Ruling states the policy for determining whether substantial work activity that is discontinued or reduced below a specified level may be considered an unsuccessful work attempt (UWA) under the disability provisions of the law.
Privacy Act of 1974 as Amended; Computer Matching Program (SSA/Department of Veterans Affairs (VA), Veterans Benefit Administration (VBA)-Match Number 1309
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new computer matching program that SSA will conduct with VA.
Privacy Act of 1974 as Amended; Computer Matching Program (SSA/Railroad Retirement Board (RRB))-Match Number 1308
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new computer matching program that SSA will conduct with RRB.
Privacy Act of 1974 as Amended; Computer Matching Program (SSA/Bureau of the Public Debt (BPD))-Match 1304
In accordance with the provisions of the Privacy Act, as amended, this notice announces a computer matching program that SSA plans to conduct with the BPD.
Privacy Act of 1974 as Amended; Computer Matching Program (SSA/Office of Personnel Management (OPM))-Match Number 1307
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new computer matching program that SSA will conduct with OPM.
Privacy Act of 1974 as Amended; Computer Matching Program (SSA/Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement (HHS/ACF/OCSE)) Match Number 1306
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new computer matching program that SSA will conduct with HHS/ACF/OCSE.
Privacy Act of 1974 as Amended; Computer Matching Program (SSA/Internal Revenue Service (IRS))-Match Number 1305
In accordance with the provisions of the Privacy Act, as amended, this notice announces a computer matching program that SSA plans to conduct with the IRS.
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