Social Security Administration – Federal Register Recent Federal Regulation Documents
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Revised Medical Criteria for Evaluating Immune System Disorders
We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving immune system disorders. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The revisions reflect our adjudicative experience, as well as advances in medical knowledge, treatment, and methods of evaluating immune system disorders.
Revised Medical Criteria for Evaluating HIV Infection
In a separate notice in today's edition of the Federal Register, we are publishing final rules revising the criteria we use to evaluate immune system disorders, found in sections 14.00 and 114.00 of the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings). In those rules, we indicate that we will issue an Advance Notice of Proposed Rulemaking (ANPRM) inviting public comments on how we might update and revise listings 14.08 and 114.08, our listings for evaluating HIV infection. We are now requesting your comments and suggestions about possible revisions to those listings. After we have considered your comments and suggestions, other information about advances in medical knowledge, treatment, and methods of evaluating HIV infection, and our program experience using the current listings, we will determine whether we should revise listings 14.08 and 114.08. If we propose specific revisions to the listings, we will publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register.
Supplemental Security Income, Youth Transition Demonstration
On October 7, 2003, the Commissioner of Social Security published a Notice in the Federal Register (68 FR 57950) announcing the beginning of a demonstration project designed primarily to test the effectiveness of altering certain Supplemental Security Income (SSI) and other program rules as an incentive to encourage individuals with disabilities or blindness to work or increase their work activity and earnings. In order to complete a more thorough evaluation of this project, we are extending the duration of the altered program rules in three of the seven original project locations and adding three new project locations that will also offer the alternative program rules. The Commissioner of Social Security is publishing this notice in accordance with 20 CFR 416.250(e) and conducting the project pursuant to authority in sections 234 and 1110 of the Social Security Act.
Representative Payment Under Titles II, VIII and XVI of the Social Security Act
We propose to amend our rules governing how we investigate representative payee applicants. Under these proposed rules, any payee who has previously satisfied the payee investigation process including a face-to-face interview and is currently serving as a payee, need not appear for another face-to-face interview when making a subsequent application to become a payee, unless we determine, within our discretion, that a new face-to-face interview is necessary. This change would streamline our representative payee application process, thereby allowing payee applicants to become qualified in a shorter timeframe when they have already been investigated. This should expedite the payment of benefits in certain representative payee situations. It will also reduce the burden to the public and reduce traffic in our field offices when a payee applicant has already satisfied the face-to-face interview required by law.
Modifications to the Disability Determination Procedures; Reinstatement of “Prototype” and “Single Decisionmaker” Tests in States in the Boston Region
Effective March 23, 2008, we are reinstating New Hampshire as a ``prototype'' State in the disability redesign tests we are conducting under the authority of our regulations. We are also reinstating Maine and Vermont as States that use ``single decisionmakers'' under the same authority. These three States stopped participating in the disability redesign tests on August 1, 2006, when they began to participate in the Disability Service Improvement (DSI) initiative that we have been testing in our Boston region since that date. On January 15, 2008, we published a final rule in the Federal Register suspending the Federal Reviewing Official review level of the DSI process. The final rule will be effective on March 23, 2008. Therefore, Maine, New Hampshire, and Vermont will resume their participation in the disability redesign tests on the effective date of the final rule.
Privacy Act of 1974 as Amended; Computer Matching Program; (SSA/Office of Personnel Management (OPM) Match Numbers 1005, 1019, 1020, 1021)
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 OPM.
Amendment to the Attorney Advisor Program
We are issuing this final rule to adopt without change the interim final rule we published on August 9, 2007, which temporarily modifies the prehearing procedures we follow in claims for Social Security disability benefits and supplemental security income (SSI) payments based on disability or blindness. Under this final rule, we are permitting certain attorney advisors to conduct certain prehearing proceedings, and where the documentary record developed as a result of these proceedings warrants, issue decisions that are wholly favorable to the parties to the hearing.
Compassionate Allowances for Cancers; Office of the Commissioner, Hearing
We are considering ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act (the Act) and can be identified with minimal objective medical information. We are calling this method ``Compassionate Allowances.'' We held one public hearing already and plan to hold additional public hearings this year. This is the second hearing in the series. The purpose of this hearing is to obtain your views about the advisability and possible methods of identifying and implementing compassionate allowances for children and adults with cancers. Our first hearing, on December 4-5, 2007, dealt with rare diseases. We will address other kinds of medical conditions in later hearings.
Suspension of New Claims to the Federal Reviewing Official Review Level; Correction
The Social Security Administration is correcting a final rule that appeared in the Federal Register on January 15, 2008 (73 FR 2411). The document amends our disability administrative adjudication processes to suspend new claims to the Federal reviewing official (FedRO) level, now operating in the Boston region. Claims already transferred to the Office of the Federal Reviewing Official (OFedRO) for FedRO review will continue to be processed by the OFedRO and a related component of the disability determination process, the Medical and Vocational Expert System (MVES), commonly known as the Office of Medical and Vocational Expertise (OMVE).
Privacy Act of 1974; as Amended New System of Records and Routine Use Disclosures
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 establish a new system of records entitled, Social Security Administration Unified Measurement System/Managerial Cost Accountability System (SUMS/MCAS) 60-0371, and routine uses applicable to this system of records. SUMS/ MCAS will consist of information related to five interrelated Agency initiatives: (1) Workload counts, (2) performance measures, (3) time allocation, (4) customer service records, and (5) managerial cost accountability. We invite public comments on this proposal.
Social Security Ruling (SSR) 94-4p; Rescission of SSR 94-4p, Policy Interpretation Ruling; Title II of Social Security Act and Title IV of the Federal Mine Safety and Health Act of 1977: Waiver of Recovery of Overpayments-Notice of Appeal and Waiver Rights-Right to a Pre-Recoupment Oral Hearing Before Waiver Can Be Denied
This document contains a correction to the notice of rescission of SSR 94-4p that was published in the Federal Register on January 11, 2008 (73 FR 2074). The effective date shown in one place in that notice was incorrect.
Suspension of New Claims to the Federal Reviewing Official Review Level
We are modifying our disability administrative adjudication processes to suspend new claims to the Federal reviewing official (FedRO) level, now operating in the Boston region. Claims already transferred to the Office of the Federal Reviewing Official (OFedRO) for FedRO review will continue to be processed by the OFedRO and a related component of the disability determination process, the Medical and Vocational Expert System (MVES), commonly known as the Office of Medical and Vocational Expertise (OMVE). We are making these changes to ensure that we continually improve our disability adjudication process.
Methods for Conducting Personal Conferences When Waiver of Recovery of a Title II or Title XVI Overpayment Cannot Be Approved
We are revising our title II regulations and adding title XVI regulations on personal conferences when waiver of recovery of an overpayment cannot be approved. These final rules allow for the conferences to be conducted face-to-face, by telephone, or by video teleconference in these circumstances.
Social Security Ruling (SSR) 94-4p.; Rescission of SSR 94-4p, Policy Interpretation Ruling; Title II of the Social Security Act and Title IV of the Federal Mine Safety and Health Act of 1977: Waiver of Recovery of Overpayments-Notice of Appeal and Waiver Rights-Right to a Pre-Recoupment Oral Hearing Before Waiver Can Be Denied
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of the rescission of SSR 94-4p.
Rate for Assessment on Direct Payment Fees to Representatives in 2008
SSA is announcing that the assessment percentage rate under sections 206(d) and 1631(d)(2)(C) of the Social Security Act (the Act), 42 U.S.C. 406(d), and 1383(d)(2)(C) is 6.3 percent for 2008.
Private Printing of Prescribed Applications, Forms, and Other Publications
We are issuing these final rules to adopt without change the Notice of Proposed Rulemaking published on August 16, 2007 at 72 FR 45991. These final rules amend the regulation at 20 CFR 422.527, which requires a person, institution, or organization (person) to obtain the Social Security Administration's (SSA's) approval prior to reproducing, duplicating, or privately printing any SSA prescribed application or other form whether or not the person intended to charge a fee. Section 1140(a)(2)(A) of the Social Security Act (the Act) prohibits a person from charging a fee to reproduce, reprint, or distribute any SSA application, form, or publication unless he/she obtains the authorization of the Commissioner of Social Security in accordance with such regulations as he may prescribe. (42 U.S.C. 1320b-10(a)(2)(A)).
Parent-to-Child Deeming From Stepparents
We propose to change the Supplemental Security Income (SSI) parent-to-child deeming rules so that we would no longer consider the income and resources of a stepparent when an eligible child resides in the household with a stepparent, but that child's natural or adoptive parent has permanently left the household. These proposed rules would respond to a decision by the United States Court of Appeals for the Second Circuit. Social Security Acquiescence Ruling (AR) 99-1(2) currently applies the Court's decision to individuals who reside in Connecticut, New York, and Vermont. These rules propose to establish a uniform national policy with respect to this issue. Also, we propose to make uniform the age at which we consider someone to be a ``child'' in SSI program regulations and to make other minor clarifications to our rules.
Privacy Act of 1974, as Amended; Alterations to Existing System of Records, Including New Routine Use
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 alter an existing system of records entitled, the Visitor Intake Process/ Customer Service Record (VIP/CSR) System, 60-0350. The proposed alterations will result in the following changes to the VIP/CSR System: (1) Expansion of the categories of individuals covered by the VIP/ CSR System; (2) Expansion of the categories of records maintained in the VIP/ CSR System; (3) Expansion of the purposes for which we use the VIP/CSR System; and (4) Amendment of the record source categories covered by the VIP/ CSR System. We are also establishing a new routine use for disclosure of information maintained in the VIP/CSR System. The proposed alterations and new routine use are discussed in the SUPPLEMENTARY INFORMATION section below. We invite public comment on this proposal.
Revised Medical Criteria for Evaluating Functional Limitations Due to Digestive Disorders
On October 19, 2007, we published final rules in the Federal Register (72 FR 59397) revising the criteria in sections 5.00 and 105.00 of the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings), the sections that we use to evaluate claims involving digestive disorders. In those rules, we indicated that we would issue an Advance Notice of Proposed Rulemaking (ANPRM) inviting public comments on whether we should add a functional listing for digestive disorders, and if so, what functional criteria would be appropriate (72 FR at 59416). We are now requesting your comments and suggestions. After we have considered your comments and suggestions, other information about the functional effects of digestive disorders, and our adjudicative experience, we will determine whether it is appropriate to add a functional listing for digestive disorders. If we decide to add such a listing, we will publish for public comment a Notice of Proposed Rulemaking (NPRM) that will propose specific revisions to the rules.
Privacy Act of 1974, as Amended; Alteration to Existing Systems of Records
As mandated by the Office of Management and Budget (OMB) in Memorandum M-07-16, recommended by the President's Identity Theft Task Force, and in accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (11)), we are issuing public notice of our intent to establish a new routine use disclosure applicable to SSA's systems of records listed below under section I of the Supplementary Information section. The proposed routine use specifically permits the disclosure of SSA information in connection with response and remediation efforts in the event of an unintentional release of Agency information, otherwise known as a ``data security breach.'' Such a routine use would serve to protect the interests of the people whose information is at risk by allowing us to take appropriate steps to facilitate a timely and effective response to a data breach. It would also help us to improve our ability to prevent, minimize, or remedy any harm that may result from a compromise of data maintained in our systems of records. We invite public comment on this proposal.
Privacy and Disclosure of Official Records and Information
We are revising our rules to allow us to better preserve the anonymity of, and to better protect the physical well-being of, our employees who reasonably believe that they are at risk of injury or other harm if certain employment information about them is disclosed. These changes in the rules are intended to ensure uniform application of the policy for at-risk employees. We are again requesting comments on these final rules because we revised the language of the proposed rules to clarify our intent.
Social Security Claims Data Exchange Announcement
The Social Security Administration (SSA) is pleased to announce that, in 2008; the agency will develop and implement a Beta test of a web service which will allow the submission of Initial-level claims, including Disability applications and Adult Disability Reports, from companies who assist the public with filing for benefits. In 2008, SSA plans to develop the web service to initially collect data on the Internet Social Security Benefit Application and Disability Report. Note that when a third party submits an application, SSA must contact the claimant before it is considered valid. In the initial phase, organizations will be able to submit claims data in bulk and receive a confirmation of receipt of the submitted data. In subsequent phases, the systems interface will also include the ability for organizations to check on the status of previously submitted claims information. SSA would like to extend an invitation to companies who assist individuals with their Social Security benefit applications, to participate in this web service claims data exchange Beta test. The Beta test is structured to use the ``consolidator'' model, where the participating company serves as a conduit to receive claims data from their client base and electronically transfer the data to SSA. After the initial disability claims data collection effort in 2008 is evaluated, SSA will add functional capabilities in future years to collect data on electronic appeal forms and integrated claims applications. This multi-year initiative will provide a comprehensive systems interface for companies to send claims data (including Title II Retirement and Spouse application data, disability data, and medical evidence) to SSA on behalf of their clients. The envisioned long-range solution beyond 2008 is a web service that will facilitate the collection of data through the entire life-cycle of Internet applications, including Title II and Title XVI initial claims and appeals.
Compassionate Allowances for Rare Diseases; Office of the Commissioner, Hearing
We are considering ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act (the Act) and can be identified with minimal objective medical information. At present, we are calling this method ``Compassionate Allowances.'' We plan to hold four public hearings over the next year. The purpose of this first hearing is to obtain your views about the advisability and possible methods of identifying and implementing compassionate allowances for children and adults with rare diseases. We will address other kinds of medical conditions in later hearings.
Supplementary Agreement on Social Security Between the United States and Sweden; Entry Into Force
The Commissioner of Social Security gives notice that on November 1, 2007, a supplementary agreement will enter into force which amends the Social Security agreement between the United States (U.S.) and Sweden that has been in effect since January 1, 1987. The supplementary agreement, which was signed on June 24, 2004, was concluded pursuant to section 233 of the Social Security Act. When the original agreement was concluded, Sweden had a two-tier Social Security system that consisted of an earnings-related, defined- benefit program and a residence-based, flat-rate benefit program. Recent Swedish legislation restructured the system. People born after 1953 are now covered by a program consisting of three components. The new Swedish system includes an earnings-related, defined-contribution benefit program administered by the government, a program of individual investment accounts, and a guaranteed minimum pension payable if income-based pensions and certain other income fall below specified levels. The primary purpose of the supplementary agreement is to conform the Swedish benefit provisions of the original agreement to Sweden's new Social Security system. The supplementary agreement also changes the provision that authorizes SSA to take into account Swedish periods of coverage in determining eligibility for U.S. Totalization benefits so that it refers to periods under the new Swedish pension program rather than the old program. The new Swedish Social Security law allows people to qualify for most benefits with very little coverage credit. It is not expected, therefore, that many people will need to have their U.S. and Swedish coverage credits totalized to become eligible for most Swedish benefits. The supplementary agreement provides that U.S. Social Security benefits will not be counted in applying pension offsets that normally reduce the amount of Swedish disability benefits. Thus, the supplementary agreement will provide U.S. workers enhanced disability benefit protection under the Swedish system at little, if any, additional cost to the U.S. Social Security system. In addition to the changes in the U.S. and Swedish benefit provisions, the supplementary agreement updates several other provisions to take account of amendments to both U.S. and Swedish laws and to conform the wording of the agreement to the more recent Totalization agreements concluded by the United States. Other changes in the agreement are merely clarifications to reflect the manner in which the agreement is currently applied. Individuals who wish to obtain copies of the supplementary agreement or want general information about its provisions may visit the Social Security Administration's Web site at https:// www.socialsecurity.gov/international or may write to the Social Security Administration, Office of International Programs, Post Office Box 17741, Baltimore, Maryland 21235.
Amendments to the Administrative Law Judge, Appeals Council, and Decision Review Board Appeals Levels
We propose to include in parts 404 and 416 of our rules many of the hearing level procedures now in place for disability cases in the Boston region. This change will expand those rules nationwide and apply them to hearings on both disability and non-disability matters. We expect these rules will make the hearings process more efficient and help us reduce the hearings backlog, which has reached historic proportions, thereby benefiting all individuals requesting a hearing. We also propose to amend our rules governing the final level of the administrative review process to make proceedings at that level more like those used by a Federal appellate court when it reviews the decision of a district court, to establish procedures for appeals to that level, and to change the name of the body that will hear such appeals from the ``Appeals Council,'' or the ``Decision Review Board'' in the Boston region, to the ``Review Board.'' Consistent with the change to a more truly appellate process, we suggest limiting the circumstances in which new evidence may be added to the record during the appeals process. We also propose circumscribing the time period covered in any subsequent administrative hearing on remand from the Review Board or a Federal court to the time period covered by the first administrative law judge's (ALJ) hearing decision in the case.
Office of the Commissioner; Cost-of-Living Increase and Other Determinations for 2008
The Commissioner has determined (1) A 2.3 percent cost-of-living increase in Social Security benefits under title II of the Social Security Act (the Act), effective for December 2007; (2) An increase in the Federal Supplemental Security Income (SSI) monthly benefit amounts under title XVI of the Act for 2008 to $637 for an eligible individual, $956 for an eligible individual with an eligible spouse, and $319 for an essential person; (3) The student earned income exclusion to be $1,550 per month in 2008 but not more than $6,240 in all of 2008; (4) The dollar fee limit for services performed as a representative payee to be $35 per month ($68 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 2008; (5) The dollar limit on the administrative-cost assessment charged to attorneys representing claimants to be $79 in 2008; (6) The national average wage index for 2006 to be $38,651.41; (7) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base to be $102,000 for remuneration paid in 2008 and self-employment income earned in taxable years beginning in 2008; (8) The monthly exempt amounts under the Social Security retirement earnings test for taxable years ending in calendar year 2008 to be $1,130 and $3,010; (9) The dollar amounts (``bend points'') used in the primary insurance amount benefit formula for workers who become eligible for benefits, or who die before becoming eligible, in 2008 to be $711 and $4,288; (10) The dollar amounts (``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 2008 to be $909, $1,312, and $1,711; (11) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2008 to be $1,050; (12) The ``old-law'' contribution and benefit base to be $75,900 for 2008; (13) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2008 to be $1,570, and the corresponding amount for non-blind disabled persons to be $940; (14) The earnings threshold establishing a month as a part of a trial work period to be $670 for 2008; and (15) Coverage thresholds for 2008 to be $1,600 for domestic workers and $1,400 for election workers.
Revised Medical Criteria for Evaluating Digestive Disorders
We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving digestive disorders. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The revisions reflect advances in medical knowledge, methods of evaluating digestive disorders, treatment, and our program experience. We are also removing listings that are redundant because they only refer to other listings, and we are making other conforming changes.
Technical Updates to Applicability of the Supplemental Security Income (SSI) Reduced Benefit Rate for Individuals Residing in Medical Treatment Facilities
This document contains a correction to the final rules that were published in the Federal Register on September 5, 2007 (72 FR 50871). The final rules amended our regulations to reflect two provisions of the Balanced Budget Act of 1997 that affect the payment of benefits under title XVI of the Social Security Act (the Act). One of the provisions extended temporary institutionalization benefits to children receiving SSI benefits who enter private medical treatment facilities and who otherwise would be ineligible for temporary institutionalization benefits because of private insurance coverage. The other provision replaced obsolete terminology in the Act that referred to particular kinds of medical facilities and substituted a broader, more descriptive term.
Amendments to the Quick Disability Determination Process
We are amending our regulations to extend the quick disability determination process (QDD), which is operating now in the Boston region, to all of the State disability determination services (DDSs). We also are removing from the QDD process the existing requirements that each State DDS maintain a separate QDD unit and that each case referred under QDD be adjudicated within 20 days. These actions stem from our continuing effort to improve our disability adjudication process.
Technical Updates to Applicability of the Supplemental Security Income (SSI) Reduced Benefit Rate for Individuals Residing in Medical Treatment Facilities
We are revising our regulations to reflect two provisions of the Balanced Budget Act of 1997 that affect the payment of benefits under title XVI of the Social Security Act (the Act). One of the provisions extended temporary institutionalization benefits to children receiving SSI benefits who enter private medical treatment facilities and who otherwise would be ineligible for temporary institutionalization benefits because of private insurance coverage. The other provision replaced obsolete terminology in the Act that referred to particular kinds of medical facilities and substituted a broader, more descriptive term.
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement (HHS/ACF/OCSE)-Match Number 1306
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.
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Office of Personnel Management (OPM) Match Number 1307
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 OPM.
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA)-Match Number 1309
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 VA.
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