Social Security Administration – Federal Register Recent Federal Regulation Documents

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 the States.

We are withdrawing the proposed rules entitled ``Age as a Factor in Evaluating Disability'' that we published in the Federal Register on November 4, 2005.

We are issuing public notice of our intent to alter, add a new routine use, and make minor housekeeping changes to an existing system of records in accordance with the Privacy Act (5 U.S.C. 552a(e)(4)) and (e)(11). The affected system of records is the Administrative Law Judge (ALJ) Working File on Claimant Cases (60-0005), hereinafter referred to as the ALJ Working File. The proposed alterations will result in the following changes:

We are giving notice that an agreement coordinating the United States (U.S.) and the Polish social security programs will enter into force on March 1, 2009. The agreement with the Republic of Poland, which was signed on April 2, 2008, is similar to U.S. social security agreements already in force with 23 other countriesAustralia, Austria, Belgium, Canada, Chile, the Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Korea (South), Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom. Agreements of this type are authorized by section 233 of the Social Security Act. 42 U.S.C. 433. Like the other agreements, the U.S.-Polish agreement eliminates dual social security coverage. This situation 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. When dual coverage occurs without such agreements in force, the worker, the worker's employer, or both may be required to pay social security contributions to the two countries simultaneously. Under the U.S.- Polish agreement, a worker who is sent by an employer in one country to work in the other country for 5 or fewer years remains covered only by the sending country. The agreement includes additional rules that eliminate dual U.S. and Polish 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 Polish benefits based on combined (totalized) work credits from both countries. Persons who would like a copy of the agreement or want more information about its provisions 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 giving notice of SSR 09-4p. This SSR consolidates information from our regulations, training materials, and question-and- answer documents about the functional equivalence domain of ``Attending and completing tasks.'' It also explains our policy about that domain.

We are giving notice of SSR 09-8p. This SSR consolidates information from our regulations, training materials, and question-and- answer documents about the functional equivalence domain of ``Health and physical well-being.'' It also explains our policy about that domain.

We are giving notice of SSR 09-6p. This SSR consolidates information from our regulations, training materials, and question-and- answer documents about the functional equivalence domain of ``Moving about and manipulating objects.'' It also explains our policy about that domain.

We are giving notice of SSR 09-3p. This SSR consolidates information from our regulations, training materials, and question-and- answer documents about the functional equivalence domain of ``Acquiring and using information.'' It also explains our policy about that domain.

This final rule extends for 2 years the date on which the Musculoskeletal System Listing of Impairments will no longer be effective. We use the body system 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. Other than extending the effective date of the listings, we have not revised the musculoskeletal listings. This extension will ensure that we continue to have the medical evaluation criteria in the listings to adjudicate disability claims involving disorders of the musculoskeletal body system at the third step of the sequential evaluation process.

The Social Security Administration published in the Federal Register of January 21, 2009, a document announcing the dates and times of the Notice of Inaugural Meeting of the Occupational Information Development Advisory Panel Meeting. This notice serves to correct the beginning time for the meeting on February 23, 2009. The meeting will begin at 9 a.m.

In accordance with the provisions of the Privacy Act, as amended, we are announcing the renewal of an existing computer matching program we are currently conducting with BPD.

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 HHS/ACF/OCSE.

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.