Social Security Administration – Federal Register Recent Federal Regulation Documents
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Medical Criteria for Evaluating Cystic Fibrosis
On Friday, May 10, 2013 at 1:00 p.m., EDT, we will conduct an informational briefing on our proposed changes to Listings 3.04 and 103.04 of the Listing of Impairments, as described in our recent Notice of Proposed Rulemaking. The teleconference is open to the public and will be strictly informational. We will not be accepting additional public comments.
Revised Medical Criteria for Evaluating Visual Disorders
The Social Security Administration published a document in the Federal Register of March 28, 2013, in FR Doc. 2013-06975, on page 18842, in the second column, under c., in the equation in the last sentence, replace ``-16[radic]'' with ``[verbar]-16[verbar]''.
Privacy Act of 1974; Proposed New Routine Uses and System of Records Alterations
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 modify the system of records entitled, Master Representative Payee File, 60-0222 (hereinafter referred to as the Representative Payee SOR). We propose modifying the categories of records, record source categories, and adding two new routine uses to the Representative Payee SOR. We propose adding criminal history information and representative payee annual accounting reports to the categories of records. We propose adding third parties, contractors, other Federal agencies, and SSA's Prisoner Update Processing System of Records, 60-0269 as new record source categories. The first new routine use will allow us to disclose representative payee (RP) and RP applicant personally identifiable information (PII) to conduct criminal background checks. The second routine use will allow us to disclose RP and RP applicant PII to Federal, State, and local law enforcement agencies and private security contractors to protect the safety of SSA employees and customers or assist in the investigation or prosecution of activities that disrupt the operation of SSA facilities. We discuss the revisions to the categories of records in the system, the record source categories, and the routine uses in detail in the Supplementary Information section below. We invite public comment on this proposal.
Social Security Ruling, SSR 13-1p; Titles II and XVI: Agency Processes for Addressing Allegations of Unfairness, Prejudice, Partiality, Bias, Misconduct, or Discrimination by Administrative Law Judges (ALJs); Correction
The Social Security Administration published a document in the Federal Register of January 29, 2013, in FR Doc. 2013-01833, on page 6171, in the third column, the last line of the document change ``30 days'' to ``60 days''.
Revised Medical Criteria for Evaluating Visual Disorders
We are revising and reorganizing the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving visual disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program experience and guidance we have issued in response to adjudicator questions we have received since we last revised these criteria in 2006. These revisions will provide clarification about how we evaluate visual disorders and ensure more timely adjudication of claims in which we evaluate visual disorders that result in a loss of visual acuity or field.
Social Security Ruling, SSR 13-2p; Titles II and XVI: Evaluating Cases Involving Drug Addiction and Alcoholism (DAA); Correction
The Social Security Administration published a document in the Federal Register on February 20, 2013. (78 FR 11939). On page 11940, in the first column, under the ``CITATIONS'' section, replace the period after 1614(a) with a comma, and remove the additional space between 416.927 and the comma. On page 11941, in the ``DAA Evaluation Process'' chart, in step 6 b, add a period after ``material''. On page 11942, in the second column, under section e. i., first bullet, add a space between ``20'' and ``CFR''. On page 11943, footnote 19, replace ``20 CFR 404.1527(e) and 416.927(e)'' with the correct reference which is ``20 CFR 404.1527(d) and 416.927(d)''. On page 11943, footnote 20, replace ``20 CFR 404.1527(f) and 416.927(f)'' with the correct reference which is ``20 CFR 404.1527(e) and 416.927(e)''. On page 11944, first column, question 8. ``What evidence do we need in cases involving DAA?'', a., italicize the subheading ``General'', and in the first sentence add a period at the end of the sentence. On page 11944, second column, under c. i., third sentence, hyphenate ``nonmedical'' to read ``non-medical''. On page 11944, third column, under c. ii, third sentence, delete ``the'' before ``well''. On page 11944, third column, under d. i., first sentence, hyphenate ``nonmedical'' to read ``non-medical''. On page 11944, footnote 22, replace ``404.928'' with ``404.1528''. On page 11945, second column, c. iii., second sentence, remove the extra space after ``abstinence'' and before the period. On page 11946, second column, first bullet, replace the semi-colon with a period. On page 11946, second column, under ``15. How should adjudicators consider Federal district and circuit court decisions about DAA?'', first sentence, replace ``20 CFR 404.1585 and 416.985'' with ``20 CFR 404.985 and 416.1485'', and under a., italicize the subheading ``General''.
Service Delivery Plan; Correction
The Social Security Administration published a document in the Federal Register of March 12, 2013, in FR Doc. 2013-05595, on page 15797, in the third column; in the SUMMARY caption insert the following hyper-links. In the first sentence after the words, ``Service Delivery Plan (SDP) insert https://www.ssa.gov/open/SDP. In addition, in the third sentence after the words ``Agency Strategic Plan'' insert https://ssa.gov/asp/plan-2013-2016.pdf.
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Office of Personnel Management (OPM))-Match Numbers 1005, 1019, 1020, and 1021
In accordance with the provisions of the Privacy Act, as amended, this notice announces renewals of existing computer matching programs that we are currently conducting with OPM.
Service Delivery Plan
We are requesting public input as we finalize our Service Delivery Plan (SDP). We designed our SDP as a roadmap for how we will serve the public over the next decade. The SDP explains how we will build on our achievements, accommodate our resource constraints, and achieve the goals and objectives laid out in our Agency Strategic Plan.
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Department of the Treasury, Internal Revenue Service (IRS))-Match Number 1310
In accordance with the provisions of the Privacy Act, as amended, this notice announces a renewal of an existing computer matching program that we are currently conducting with IRS.
Privacy Act of 1974; Computer Matching Program (SSA/Department of the Treasury, Internal Revenue Service (IRS))-Match Number 1305
In accordance with the provisions of the Privacy Act, (5 U.S.C. 552a), this notice announces a renewal of an existing computer matching program that we are currently conducting with IRS.
Social Security Ruling, SSR 13-3p; Appeal of an Initial Medical Disability Cessation Determination or Decision
We are giving notice of SSR 13-3p. This SSR changes the period an adjudicator must consider when deciding an appeal of a medical cessation determination. This Ruling also clarifies how this policy applies at the Appeals Council (AC) level when the AC denies a request for review or issues a remand or dismissal order. The adjudicator will consider a beneficiary's disability through the date on which we make the appeal determination or decision.
Rescission of Social Security Acquiescence Rulings 92-2(6)
In accordance with 20 CFR 402.35(b)(2), 404.985(e) and 416.1485(e), the Commissioner of Social Security gives notice of the rescission of Social Security AR 92-2(6).
Social Security Ruling, SSR 13-2p.; Titles II and XVI: Evaluating Cases Involving Drug Addiction and Alcoholism (DAA)
We are giving notice of SSR 13-2p, in which we explain our policies for how we consider whether ``drug addiction and alcoholism'' (DAA) is material to our determination of disability in disability claims and continuing disability reviews. This SSR rescinds and replaces SSR 82-60, Titles II and XVI: Evaluation of Drug Addiction and Alcoholism. This SSR obsoletes EM 96-200.
Social Security Ruling, SSR 13-1p; Titles II and XVI: Agency Processes for Addressing Allegations of Unfairness, Prejudice, Partiality, Bias, Misconduct, or Discrimination by Administrative Law Judges (ALJs); Correction
The Social Security Administration published a document in the Federal Register of January 29, 2013, in FR Doc. 2013-01833, on page 6168, in the third column; correct the DATES caption to read:
Assigning New Social Security Numbers (SSN) for Children Age 13 and Under
We are considering changing our policy about assigning new SSNs to children age 13 and under. We are requesting information from the public to ensure that any policy changes we adopt appropriately address the unique issues associated with the misuse of an SSN for a child age 13 and under.
Individuals With Certain Criminal Convictions as Representative Payees
We are requesting information from the public regarding whether we should prohibit persons who have been convicted of certain crimes from serving as representative payees under titles II, VIII, and XVI of the Social Security Act (Act). We are seeking this information in order to determine the best way to protect our beneficiaries from persons whose criminal history indicates they may pose an increased risk of abuse or exploitation of vulnerable individuals.
Social Security Ruling, SSR 13-1p; Titles II and XVI: Agency Processes for Addressing Allegations of Unfairness, Prejudice, Partiality, Bias, Misconduct, or Discrimination by Administrative Law Judges (ALJs); Correction
The Social Security Administration published a document in the Federal Register of January 29, 2013, in FR Doc. 2013-01833, on page 6168, in the third column, the fourth line under the ``Summary'' heading, change ``SSR-13-Xp'' to ``SSR-13-1p''
Revised Medical Criteria for Evaluating Congenital Disorders That Affect Multiple Body Systems
We are revising the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving impairments that affect multiple body systems in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program experience and address adjudicator questions we have received since we last comprehensively revised this body system in 2005. We do not expect any decisional differences due to the revisions in this body system.
Revised Medical Criteria for Evaluating Genitourinary Disorders
We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving genitourinary disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience, advances in methods of evaluating genitourinary disorders, and comments we received in response to an advance notice of proposed rulemaking (ANPRM).
Revised Medical Criteria for Evaluating Respiratory System Disorders
We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving respiratory disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience, advances in medical knowledge, and comments we received from medical experts and the public at an outreach policy conference and in response to an Advance Notice of Proposed Rulemaking (ANPRM).
Social Security Ruling, SSR 13-1p; Titles II and XVI: Agency Processes for Addressing Allegations of Unfairness, Prejudice, Partiality, Bias, Misconduct, or Discrimination by Administrative Law Judges (ALJs)
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of Social Security Ruling, SSR-13-Xp. This Ruling explains the three separate vehicles we have for addressing complaints of unfairness, prejudice, partiality, bias, misconduct, or discrimination by an administrative law judge (ALJ). First, the Ruling describes the procedures that the Office of Disability Adjudication and Review's (ODAR) Appeals Council follows when it receives such allegations in the context of claim adjudication. Next, the Ruling describes how ODAR's Division of Quality Service reviews or investigates such complaints outside of the claim adjudication process to determine whether ODAR should take any administrative or disciplinary action with respect to the ALJ. Finally, the Ruling describes how the public may file with us complaints of discrimination based on race, color, national origin (including English language ability), religion, sex, sexual orientation, age, disability, or in retaliation for having previously filed a civil rights complaint against the agency. This Ruling supersedes our prior Notice of Procedures: Social Security Administration Procedures Concerning Allegations of Bias or Misconduct by Administrative Law Judges, 57 FR 49186 (October 30, 1992).
Public Availability of Social Security Administration Fiscal Year (FY) 2012 Service Contract Inventory
In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), we are publishing this notice to advise the public of the availability of the FY 2012 Service Contract inventory. This inventory provides information on FY 2012 service contract actions over $25,000. We organized the information by function to show how contracted resources are distributed throughout the agency. We developed the inventory in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at https://www.whitehouse.gov/sites/ default/files/omb/procurement/memo/service-contract-inventori es- guidance-11052010.pdf. You can access the inventory and summary of the inventory on our homepage at the following link: https:// www.socialsecurity.gov/sci.
Change in Terminology: “Mental Retardation” to “Intellectual Disability”
We propose to replace the term ``mental retardation'' with ``intellectual disability'' in our Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act) and in other appropriate sections of our rules. This change would reflect the widespread adoption of the term ``intellectual disability'' by Congress, government agencies, and various public and private organizations.
Notice of Solicitation of Public and Federal Agency Comments for Collaboration on Evaluating the World Health Organization (WHO) International Classification of Functioning, Disability and Health (ICF) Standard for Coding Functional Capability in Federal Programs
We are seeking information and comments from other Federal agencies' regarding their intention to use the WHO ICF \1\ as a standard for coding functional capacity with broad potential for application to the business processes of other Federal agencies and researchers throughout the world. We invite other interested Federal agencies involved in disability monitoring to collaborate with us to evaluate an ICF-based standard for coding functional capacity in Federal disability programs. We also invite interested public and private parties to comment on appropriate Federal direction on capturing data on functioning.
Rate for Assessment on Direct Payment of Fees to Representatives in 2013
We are announcing that the assessment percentage rate under sections 206(d) and 1631(d)(2)(C) of the Social Security Act (Act), 42 U.S.C. 406(d) and 1383(d)(2)(C), is 6.3 percent for 2013.
Privacy Act of 1974, as Amended; Computer Matching Program (Social Security Administration (SSA)/Office of Personnel Management (OPM))-Match Number 1307
In accordance with the provisions of the Privacy Act, as amended, this notice announces a renewal of an existing computer matching program that we are currently conducting with OPM.
Rescission of Social Security Acquiescence Ruling 05-1(9)
In accordance with 20 CFR 402.35(b)(2), 404.985(e)(1) and 416.1485(e)(1), the Commissioner of Social Security gives notice of the rescission of Social Security Acquiescence Ruling (AR) 05-1(9).
Cost-of-Living Increase and Other Determinations for 2013
Under title II of the Social Security Act (Act), there will be a 1.7 percent cost-of-living increase in Social Security benefits effective December 2012. As a result of this increase, the following items will increase for 2013: (1) The maximum Federal Supplemental Security Income (SSI) monthly benefit amounts for 2013 under title XVI of the Act will be $710 for an eligible individual, $1,066 for an eligible individual with an eligible spouse, and $356 for an essential person; (2) The special benefit amount under title VIII of the Act for certain World War II veterans will be $532.50 for 2013; (3) The student earned income exclusion under title XVI of the Act will be $1,730 per month in 2013, but not more than $6,960 for all of 2013; (4) The dollar fee limit for services performed as a representative payee will be $39 per month ($76 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 2013; and (5) The dollar limit on the administrative cost assessment charged to attorneys representing claimants will be $88 in 2013. The national average wage index for 2011 is $42,979.61. This index affects the following amounts: (1) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base will be $113,700 for remuneration paid in 2013 and self-employment income earned in taxable years beginning in 2013; (2) The monthly exempt amounts under the OASDI retirement earnings test for taxable years ending in calendar year 2013 will be $1,260 for years prior to the year in which a person attains his or her Normal Retirement Age (NRA; defined later in this Notice) and $3,340 for the year in which a person attains his or her NRA; (3) The dollar amounts (``bend points;'' defined later in this Notice) used in the primary insurance amount (PIA) benefit formula for workers who become eligible for benefits, or who die before becoming eligible, in 2013 will be $791 and $4,768; (4) The 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 2013 will be $1,011, $1,459, and $1,903; (5) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2013 will be $1,160; (6) The ``old-law'' contribution and benefit base under title II of the Act will be $84,300 for 2013; (7) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2013 will be $1,740, and the corresponding amount for non-blind disabled persons will be $1,040; (8) The earnings threshold establishing a month as a part of a trial work period will be $750 for 2013; and (9) Coverage thresholds for 2013 will be $1,800 for domestic workers and $1,600 for election officials and election workers.
Social Security Ruling (SSR), 12-1p; Title II: Determining Whether Work Performed in Self-Employment by Persons Who Are Blind Is Substantial Gainful Activity and Treatment of Income Resulting From the Randolph-Sheppard Act and Similar Programs
We are giving notice of SSR 12-1p. This SSR explains our policy for evaluating whether work performed by self-employed persons who are blind is substantial gainful activity (SGA) under the disability program in title II of the Social Security Act (Act). In addition, this ruling clarifies that we do not count the income resulting from the Randolph-Sheppard Act and similar programs as earnings when we determine whether blind persons are engaging in SGA.
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