Social Security Administration 2023 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with Office of Personnel Management (OPM). This matching program sets forth the terms, conditions, and safeguards under which SSA uses identifying information (e.g., name, Social Security number (SSN), and date of birth) concerning United States Postal Service (Postal Service) annuitants and their family members as part of a process to verify eligibility to enroll in Medicare Part B during the Postal Service Reform Act of 2022 (PSRA) Medicare special enrollment period (SEP).
Rate for Assessment on Direct Payment of Fees to Representatives in 2024
The Social Security Administration (SSA) is announcing the assessment percentage rate under the Social Security Act (Act) is 6.3 percent for 2024.
Intermediate Improvement to the Disability Adjudication Process: Including How We Consider Past Work; Correction
On September 29, 2023, we published a proposed rule entitled Intermediate Improvement to the Disability Adjudication Process: Including How We Consider Past Work. The proposed rule inadvertently contained a sentence of regulatory text which should have been removed. We are publishing this document to correct the error.
Social Security Ruling, SSR 23-1p.; Titles II and XVI: Duration Requirement for Disability
We are providing notice of SSR 23-1p. This SSR explains and clarifies our policy regarding the duration requirement for establishing disability under Titles II and XVI of the Social Security Act and implementing regulations. This ruling rescinds and replaces SSR 82-52.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Centers for Medicare & Medicaid Services (CMS). Under this matching program, the CMS will disclose to SSA certain individuals' admission and discharge information for care received in a nursing care facility covered by the agreement. 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.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to modify an existing system of records entitled, Race and Ethnicity Collection System (60-0104), last published on August 24, 2009. This notice publishes details of the modified system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Cost-of-Living Increase and Other Determinations for 2024
Under title II of the Social Security Act (Act), there will be a 3.2 percent cost-of-living increase in Social Security benefits effective December 2023. In addition, the national average wage index for 2022 is $63,795.13. The cost-of-living increase and national average wage index affect other program parameters as described below.
Extension of the Flexibility in Evaluating “Close Proximity of Time” To Evaluate Changes in Healthcare Following the COVID-19 Public Health Emergency
On July 23, 2021, we issued a temporary final rule (TFR) with request for comments to lengthen the ``close proximity of time'' standard in the Listing of Impairments (the listings) for musculoskeletal disorders because the COVID-19 national public health emergency (PHE) caused many individuals to experience barriers that prevented them from timely accessing in-person healthcare. That prior TFR is effective until six months after the effective date of a determination by the Secretary of Health and Human Services (HHS) that a PHE resulting from the COVID-19 pandemic no longer exists. The Secretary of HHS made that determination, and the COVID-19 national PHE ended on May 11, 2023. However, healthcare practices in a post-PHE world are still evolving. We are therefore issuing this new TFR to extend the flexibility provided by the prior TFR until May 11, 2025, so we can evaluate changes in healthcare practices and determine the proper ``close proximity of time'' standard for the musculoskeletal disorders listings.
Intermediate Improvement to the Disability Adjudication Process: Including How We Consider Past Work
We propose to revise the time period that we consider when determining whether an individual's past work is relevant for purposes of making disability determinations and decisions. Specifically, we would revise the definition of past relevant work (PRW) by reducing the relevant work period from 15 to 5 years. This change would allow individuals to focus on the most current and relevant information about their past work, better reflect the current evidence base on changes over time in worker skill decay and job responsibilities, reduce processing time and improve customer service, and reduce burden on individuals.
Expand the Definition of a Public Assistance Household
We propose to expand the definition of a public assistance (PA) household for purposes of our programs, particularly the Supplemental Security Income (SSI) program, to include the Supplemental Nutrition Assistance Program (SNAP) as an additional means-tested public income maintenance (PIM) program. In addition, we seek public comment on expanding the definition to include households in which any other (as opposed to every other) member receives public assistance. We expect that the proposed rule would decrease the number of SSI applicants and recipients charged with in-kind support and maintenance (ISM). In addition, we expect that this proposal would decrease the amount of income we would deem to SSI applicants or recipients because we would no longer deem income from ineligible spouses and parents who receive SNAP benefits and live in the same household. These policy changes would reduce administrative burden for low-income households and SSA.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Department of Veterans Affairs (VA), Veterans Benefits Administration. Under this matching program, VA will provide SSA with compensation and pension payment data necessary to administer Supplemental Security Income (SSI) and Special Veterans Benefits (SVB) and to fulfill SSA's obligations for the Medicare Savings Program and Medicare Prescription Drug (Medicare Part D) subsidy (Extra Help).
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Bureau of the Fiscal Service, Department of the Treasury (Fiscal Service). Under this matching program, Fiscal Service will disclose ownership of Savings Securities data to SSA. This disclosure will provide SSA with information necessary to verify an individual's self-certification of his or her financial status to determine eligibility for low-income subsidy assistance (Extra Help) in the Medicare Part D prescription drug benefit program established under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA).
Expansion of the Rental Subsidy Policy for Supplemental Security Income (SSI) Applicants and Recipients
We propose to revise our regulations by applying nationwide the In-Kind Support and Maintenance (ISM) rental subsidy exception that is currently in place for SSI applicants and recipients residing in seven States. The exception recognizes that a ``business arrangement'' exists when the amount of required monthly rent for a property equals or exceeds the presumed maximum value. This proposed rule would improve nationwide program uniformity, and, we expect, improve equality in the application of the rental subsidy policy.
Notice of Verification Transaction Fee Increase for Consent Based Social Security Number Verification Service
The Social Security Administration (SSA) is announcing a fee increase for the Consent Based Social Security Number (SSN) Verification (CBSV) service. We provide a fee-based SSN verification service to enrolled private businesses and government agencies who obtain a valid, signed consent form from the Social Security number holder.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Bureau of the Fiscal Service (Fiscal Service), Department of the Treasury (Treasury). Under this matching program, Fiscal Service, Treasury will disclose savings security data to SSA. SSA will use the data to determine continued eligibility for Supplemental Security Income (SSI) applicants and recipients SSA will also use the data to determine the correct benefit amount for recipients and deemors who either did not report or who incorrectly reported their ownership of savings securities.
Changes to the Administrative Rules for Claimant Representation and Provisions for Direct Payment to Entities
We propose to revise our regulations to enable us to directly pay entities fees we may authorize to their employees, as required by the decision of the United States Court of Appeals for the First Circuit (First Circuit) in Marasco & Nesselbush, LLP v. Collins. To make direct payments, issue the necessary tax documents, and properly administer these rules, we propose to require all entities that want to receive direct payment of assigned fees and all representatives who want to be appointed on a claim, matter, or issue to register with us. We also propose to standardize the registration, appointment, and payment processes. We expect that this proposed rule will help us implement the changes required by the Marasco decision, increase accessibility to our electronic services, reduce delays, and help us prepare for more automation, thereby improving our program efficiencies.
Revised Medical Criteria for Evaluating Digestive Disorders and Skin Disorders
We are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving digestive disorders and skin disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our adjudicative experience, advances in medical knowledge, and comments we received from the public in response to a notice of proposed rulemaking (NPRM).
Availability of Information and Records to the Public
The Social Security Administration (SSA) is proposing revisions to our existing Freedom of Information Act (FOIA) regulations to conform with the requirements of the FOIA Improvement Act of 2016. The FOIA Improvement Act of 2016 requires Federal agencies to issue regulations on procedures for disclosure of records consistent with the amendments to the FOIA by such Act. We are also proposing the reorganization of our FOIA regulation to make our FOIA procedures easier for the public to understand and use.
Setting the Manner of Appearance of Parties and Witnesses at Hearings
We propose to update our hearing regulations by changing the terms ``video teleconference'' to ``video''; changing ``telephone'' to ``audio''; and permitting ``video'' and ``audio'' to be used as standard manners of appearance. These changes would clarify that claimants may appear for hearings remotely, using private electronic devices that we do not own, operate, or approve. The proposed changes would also make clear that a claimant may appear for a hearing using approved online video conferencing applications, rather than conferencing options using equipment that we own or approve. Additionally, while our current regulations permit us to schedule claimants to appear by telephone in limited circumstances only, we propose to schedule claimants to appear by audio without similar restrictions, if the claimant does not object to appearing in that manner. We expect that these changes would provide us and claimants with additional flexibility, which would allow us to manage our hearing process more efficiently.
Notice of Fee Increase for Our Electronic Consent Based Social Security Number Verification Service
The Social Security Administration (SSA) is announcing a change in the subscription tier structure and associated fees for the electronic Consent Based Social Security Number (SSN) Verification (eCBSV) service. In accordance with statutory requirements, a permitted entity (PE) is required to provide payment to reimburse SSA for the development and support of the eCBSV system.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the United States Department of the Treasury, Internal Revenue Service (IRS). Under this matching program, the IRS will disclose IRS return information to SSA to administer benefits to qualified aged, blind and disabled individuals.
Guaranteed Income Financial Treatment Trial (GIFTT)
We are announcing a demonstration project for the Social Security Supplemental Security Income (SSI) program under title XVI of the Social Security Act (Act). In this project, we will test the effect of providing guaranteed income to adults with cancer in active treatment to learn about its interaction with the SSI program. We will modify the program rules that apply to certain project participants who apply for and who already receive SSI payments under the title XVI program.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to modify an existing system of records entitled, Disability Insurance and Supplemental Security Income Demonstration Projects and Experiments System (60-0218), last published on January 11, 2006. This notice publishes details of the modified system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the United States Department of Health and Human Services, Office of Child Support Enforcement (OCSE). Under this matching program, OCSE will disclose quarterly wage (QW) information to SSA to establish or verify eligibility, continuing entitlement, or payment amounts, or all of the above, of individuals under the title II Disability Insurance (DI) program of the Social Security Act (Act).
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Railroad Retirement Board (RRB). Under this matching program, RRB, as the source agency, will disclose RRB annuity payment data to SSA, the recipient agency. SSA will use the information to verify Supplemental Security Income (SSI) and Special Veterans Benefits (SVB) eligibility and benefit payment amounts. SSA will also record the railroad annuity amounts RRB paid to SSI and SVB recipients in the Supplemental Security Income Record (SSR).
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to modify an existing system of records entitled, Repository of Electronic Authentication Data Master File (60- 0373). This notice publishes details of the system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the United States Department of the Treasury, Internal Revenue Service (IRS). Under this matching program, the IRS will disclose IRS to SSA certain return information for the purpose of establishing the correct amount of Medicare Part B premium subsidy adjustments and Medicare Part D premium increases provided under the Social Security Act (Act), the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Medicare Modernization Act), and the Affordable Care Act of 2010 (ACA).
Omitting Food From In-Kind Support and Maintenance Calculations
We propose to update our regulations to remove food from the calculation of In-Kind Support and Maintenance (ISM). We also propose to add conforming language to our definition of income, excluding food from the ISM calculation. Accordingly, Supplemental Security Income (SSI) applicants and recipients would no longer need to provide information about their food expenses for us to consider in our ISM calculations. We expect that these changes will simplify our rules, making them less cumbersome to administer and easier for the public to understand and follow. These simplifications would make it easier for SSI applicants and recipients to comply with our program requirements, which would save time for both them and us, and improve the equitable treatment of food assistance within the SSI program. The proposed rule also includes other, minor revisions to the regulations related to income, including clarifying our longstanding position that income may be received ``constructively'' (we will define this term below).
Request for Information on the Foundations for Evidence-Based Policymaking Act of 2018 Learning Agenda
The Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) requires Federal agencies to develop an evidence- building plan, referred to as a Learning Agenda, to identify and address policy questions relevant to agency programs, policies, and regulations. Through this Request for Information (RFI), we seek public input to help us expand our ongoing efforts to update and revise priority questions from our evidence-building activities.
Retirement and Disability Research Consortium Cooperative Agreement
We anticipate issuing a request for applications (RFA) for the Retirement and Disability Research Consortium (RDRC) in early 2023. The program will address issues surrounding the Old Age and Survivors Insurance (OASI), Disability Insurance (DI), and Supplemental Security Income (SSI) programs and related retirement and disability policy issues.
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