Social Security Administration 2008 – Federal Register Recent Federal Regulation Documents

On January 1, 2009, an agreement coordinating the United States (U.S.) and the Czech Republic social security programs will enter into force. The agreement with the Czech Republic, which was signed on September 7, 2007, is similar to U.S. social security agreements already in force with 22 other countries. This agreement is authorized by section 233 of the Social Security Act. 42 U.S.C. 433. The U.S.-Czech agreement eliminates dual social security coverage a situation that exists when a worker from one country works in the other country and is covered under the social security systems of both countries for the same work. Without such agreements in force, when dual coverage occurs, the worker or the worker's employer or both may be required to pay social security contributions to the two countries simultaneously. Under the U.S.-Czech agreement, a worker who is sent by an employer in one country to work in the other country for 5 years or less remains covered only by the sending country. The agreement includes additional rules that eliminate dual U.S. and Czech coverage in other work situations. The agreement also helps eliminate situations where workers suffer a loss of benefit rights because they have divided their careers between the two countries. Under the agreement, workers may qualify for partial U.S. benefits or partial Czech benefits based on combined (totalized) work credits from both countries. If you want copies of the agreement or want more information about its provisions you may write to the Social Security Administration, Office of International Programs, Post Office Box 17741, Baltimore, MD 21235-7741 or visit the Social Security Web site at https:// www.socialsecurity.gov/international.

We are amending our rules to clarify that we apply the preponderance of the evidence standard when we make determinations and decisions at all levels of our administrative review process. These rules do not change our policy that the Appeals Council applies the substantial evidence standard when it reviews a decision by an administrative law judge (ALJ) to determine whether to grant a request for review. We are also adding definitions of the terms ``substantial evidence'' and ``preponderance of the evidence'' for use in applying these rules.

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

We propose to amend our Supplemental Security Income (SSI) regulations by making technical revisions to our rules on income and resources. Many of these revisions reflect legislative changes found in the Consolidated Appropriations Act of 2001, the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), an amendment to the National Flood Insurance Act of 1968, the Energy Employees Occupational Illness Compensation Program Act of 2000, and the Social Security Protection Act of 2004 (SSPA). We further propose to amend the SSI home exclusion rules to extend the home exclusion to individuals who, because of domestic abuse, leave a home that would otherwise be an excludable resource. Finally, we propose to update our ``conditional- payment'' rule to eliminate the liquid resource requirement as a prerequisite to receiving conditional payments.

We propose to amend our rules to clarify that the agency is responsible for setting the time and place for a hearing before an administrative law judge (ALJ). Consistent with our regulations at lower levels of the administrative process, we propose to use ``we'' or ``us'' in the rules setting the time and place for a hearing. These changes will ensure greater flexibility in scheduling hearings both in person and via video teleconferencing and will aid us in our effort to increase efficiency in the hearing process and reduce the number of pending hearings. The number of cases awaiting a hearing has reached historic proportions, and efforts toward greater efficiency are critical to addressing this problem.

These rules amend our title II regulations to explicitly provide that we apply an underpayment due an individual to reduce an overpayment to that individual in certain cases. Our title XVI regulations already state this policy. Additionally, these rules reflect our procedures for collecting overpayments when a payment of more than the correct amount is made to a representative payee on behalf of a beneficiary after the beneficiary's death. These rules clarify that we collect overpayments in this situation from only the representative payee or his estate but not from the representative payee's spouse or from the spouse's estate.

We are modifying the rules we use to determine disability under titles II and XVI of the Social Security Act (``Act'') to revise the definition of persons ``closely approaching retirement age'' from ``60-64'' to ``60 or older.'' These changes acknowledge that we make disability determinations for persons over age 64. We are also making minor technical changes that will not have any effect on how we determine your eligibility for benefits.

In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with CMS.

We are proposing several revisions to our rules on representation of parties. These proposed rules would recognize entities as representatives, define the concept of a principal representative, and authorize principal representatives to sign and file a claim for benefits on behalf of a claimant. These proposed rules would also mandate the use of Form SSA-1696 to appoint, revoke, or withdraw an appointment of a representative, and to waive a fee or direct payment of the fee. We propose to define the concept of a professional representative and require professional representatives to use our electronic services as they become available, including requiring professional representatives to submit certain requests for reconsideration or a hearing before an administrative law judge (ALJ) electronically. Finally, we propose to require representatives to keep paper copies of certain documents that we may require. We are proposing these revisions to reflect changes in representatives' business practices and to improve our efficiency by enhancing use of the Internet.

In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with the RRB.

These proposed rules would amend our title II regulations to explicitly provide that we apply an underpayment due an individual to reduce an overpayment to that individual in certain cases. Our title XVI regulations already state this policy. Additionally, these proposed rules reflect our procedures for collecting overpayments when a payment of more than the correct amount is made to a representative payee on behalf of a beneficiary after the beneficiary's death. These proposed rules would clarify that we would collect overpayments in this situation from only the representative payee or his estate but would not collect these overpayments from the representative payee's spouse or from the spouse's estate.

These proposed rules clarify that we apply the preponderance of the evidence standard when we make determinations and decisions at all levels of our administrative review processes. These proposed rules would not change our policy that the Appeals Council applies the substantial evidence standard when it reviews an administrative law judge's decision to determine whether to grant a request for review. We also propose to explicitly define substantial evidence and preponderance of the evidence in applying these rules.

In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with the IRS.

This final rule extends until July 1, 2010, the date on which Listing of Impairments (the listings) for six body systems will no longer be effective. We use 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). Other than extending the effective date of the listings, 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 involving these body systems at the third step of the sequential evaluation process.

In accordance with 20 CFR 402.35(b)(1), 404.985(e) and 416.1485(e), the Commissioner of Social Security gives notice of the rescission of Social Security Acquiescence Ruling 99-1(2).

The Commissioner of Social Security gives notice that SSA intends to add a new calculator to its online Benefit Calculators suite. The Retirement Estimator will allow authenticated individuals to calculate estimates of potential retirement benefits in real-time, based in part on their SSA-maintained records and in part on user- entered information, such as the last year of Social Security earnings. In addition to quick estimates of retirement benefits at specific points such as full retirement age, users may also submit a number of ``what if'' scenarios based on information they provide regarding future earnings and retirement dates. The estimates can be printed and saved. The initial release of the Retirement Estimator will not reflect offset due to the Windfall Elimination Provision (WEP), or Government Pension Offset (GPO). SSA currently has four benefit calculators on its Web site-the Quick, Online, WEP and Detailed calculators (https://www.ssa.gov/ planners/calculators.htm). The Quick Calculator provides a simple, rough estimate based on user-entered date of birth and current year earnings. For more precise estimates, the Online, WEP and Detailed calculators require that the user have access to his or her Social Security Statement in order to manually key each year of their lifetime earnings for use in the benefit computation. American Customer Satisfaction Index Surveys consistently indicate that less than 25% of users have their Statement available when using the calculators; therefore, 75% of users cannot immediately use the Online, WEP and Detailed calculators. The Detailed Calculator also requires downloading and installing software. In accordance with OMB Circular A-130 and OMB Memo M-04-04, E- Authentication Guidelines for Federal Agencies, SSA conducted an authentication risk assessment. Based on the analysis of the Impact Categories and corresponding Assurance Level Impact Profiles, the Retirement Estimator was assessed at a medium level of risk (Level 2). There will be no disclosure of Personal Identifying Information that could lead to identity theft, no disclosure of address information that could facilitate physical harm, and no disclosure of earnings information from SSA records. Further, the source data cannot be reverse-engineered from the estimate. Based on the risk assessment, a knowledge-based authentication protocol will be used to match user- entered information with SSA records in order to control access to the application. SSA consulted with privacy experts and added additional data matches in the authentication protocol and a ``block access'' feature that allows clients to prevent online access to their account. The Retirement Estimator calculator will provide a safe, user- friendly and convenient tool that will: (1) Contribute to financial literacy by helping members of the public plan for retirement; (2) help to promote SSA's online benefit application; and, (3) save Agency resources.

We are issuing this final rule to adopt without change the final rules with request for comment published on December 10, 2007, at 72 FR 69616. This final rule amends the regulation at 20 CFR Part 401, Appendix A, which requires us to release an employee's location of duty station upon request. This final rule also revises the regulation at 20 CFR 402.45 that describes the availability of records.