Social Security Administration 2021 – Federal Register Recent Federal Regulation Documents

The Social Security Administration is giving notice of its updated maximum civil monetary penalties. These amounts are effective from January 15, 2022 through January 14, 2023. These figures represent an annual adjustment for inflation. The updated figures and notification are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

We are announcing the assessment percentage rate under the Social Security Act (Act) is 6.3 percent for 2022.

Certain Medicare beneficiaries may have their taxable income affected by fraudulent activity, which in turn could affect the amount of and their ability to afford their Medicare Part B (medical insurance) and Medicare Part D (prescription drug coverage) premiums. We are seeking information from the public on the type of information we should consider relating to evidence of life changing events (LCE) resulting from criminal fraud or theft. Information from the public will help us determine whether and how we should revise our rules to provide relief to beneficiaries affected by fraud.

We are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Respiratory Disorders, Genitourinary Disorders, and Mental Disorders. We are making no other revisions to these body systems in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.

Under title II of the Social Security Act (Act), there will be a 5.9 percent cost-of-living increase in Social Security benefits effective December 2021. In addition, the national average wage index for 2020 is $55,628.60. The cost-of-living increase and national average wage index affect other program parameters as described below.

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Department of Defense, Defense Manpower Data Center (DoD/DMDC).

We are extending the expiration date of the body system, Neurological Disorders, in the Listing of Impairments (listings) in our regulations. We are making no other revisions to this body system in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate neurological impairments at step three of the sequential evaluation processes for initial claims and continuing disability reviews.

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Office of Personnel Management (OPM). This matching agreement (agreement) sets forth the terms, conditions, and safeguards under which OPM will disclose civil service benefit and payment data to SSA. SSA is legally required to offset specific benefits by a percentage of civil service benefits received (Spousal and Survivors benefits, Supplemental Security Income (SSI) benefits, and Retirement and Disability Insurance Benefits are offset by a percentage of the recipients' Federal Government pension benefits). SSA administers the Old Age, Survivors, Disability Insurance (OASDI), SSI, and Special Veterans' Benefits (SVB) programs. SSA will use the match results under this agreement to meet its civil service benefit offset obligations. Appendices A, B, C, and D of this agreement contain specific information on the matching programs that SSA will conduct under this agreement. SSA's Office of the Chief Actuary (OCA) will also use OPM's data for statistical and research purposes in tracking the size of, and impact on, subpopulations of government annuitants affected by the Government Pension Offset (GPO), the Windfall Elimination Provision (WEP), and in cost estimates of proposals to change the two provisions.

We are announcing a new funding opportunity, the Interventional Cooperative Agreement Program (ICAP). The purpose of this new program is to allow us to enter into cooperative agreements to collaborate with States, private foundations, and other non-Federal groups and organizations who have the interest and ability to identify, operate, and partially fund interventional research. The Request for Applications is now open on Grants.gov.

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Centers for Medciare & Medicaid Services (CMS) in which CMS will disclose to the Security Administration (SSA) certain individuals' admission and discharge information for care received in a nursing care facility. Nursing care facility, for purposes of this agreement, means certain facilities referenced in CMS' Long Term Care-Minimum Data Set System Number 09-70-0528 (LTC/MDS), as defined below. SSA will use this information to administer the Supplemental Security Income (SSI) program efficiently and to identify Special Veterans' Benefits (SVB) beneficiaries who are no longer residing outside of the United States.

We are rescinding our rules on improved agency guidance documents. We published the rules pursuant to an Executive order (E.O.) entitled, ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' signed October 9, 2019. The October 2019 E.O. has been revoked by an E.O. entitled, ``Revocation of Certain Executive Orders Concerning Federal Regulation,'' signed January 20, 2021. We are rescinding these rules because the January 2021 E.O. requires the heads of Federal agencies to take steps promptly to rescind any regulations that implement or enforce the October 2019 E.O.

This is advance notification to the public regarding the implementation of an information exchange between the Social Security Administration (SSA) and Equifax, a payroll data provider. We expect that the information exchange will enable us to administer Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) payments more efficiently, while helping to prevent improper payments.