Social Security Administration – Federal Register Recent Federal Regulation Documents

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 00-2(7).

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 the IRS.

The Commissioner of Social Security gives notice that an agreement coordinating the United States (U.S.) and Japanese social security programs entered into force on October 1, 2005. The agreement with Japan, which was signed on February 19, 2004, is similar to U.S. social security agreements already in force with 20 other countries Australia, Austria, Belgium, Canada, Chile, Finland, France, Germany, Greece, Ireland, Italy, 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.-Japanese agreement eliminates dual social security coveragethe 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. 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.-Japanese 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 Japanese 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 Japanese benefits based on combined (totalized) work credits from both countries. Individuals who wish to obtain copies 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 revising our regulations to identify additional bases upon which we may bring charges to disqualify an individual from acting as a representative before the Social Security Administration (SSA), and to set forth the conditions under which we will reinstate an individual whom we have disqualified as a representative because the individual collected or received, and retains, a fee in excess of the amount we authorized. These final rules revise our regulations on the representation of parties to implement section 205 of the Social Security Protection Act of 2004 (SSPA) and to make additional changes in these regulations that relate to the changes required by this legislation. The rules also make technical changes in our regulations on the representation of parties.

We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving cardiovascular impairments. 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, treatment, and methods of evaluating cardiovascular impairments.

The Social Security Administration is announcing that the assessment percentage rate under section 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 2006.

In accordance with the provisions of the Privacy Act, as amended, this notice announces a computer matching program that SSA plans to conduct with HHS/ACF/OCSE.

As set forth in a Federal Register rule in the Rules and Regulations section, we have amended our rules regarding service of legal process in lawsuits involving judicial review of Agency final decisions on individual claims for benefits under titles II, VIII, and/ or XVI of the Social Security Act. Under the new rules, summonses and complaints in these types of cases should be mailed directly to the office in SSA's Office of the General Counsel (OGC) that is responsible for the processing and handling of litigation in the particular jurisdiction in which the complaint has been filed. The names and current addresses of those offices, and the jurisdictions for which they are currently responsible, are detailed in this Notice.

To implement section 203 of the Social Security Protection Act of 2004 (SSPA), we propose to revise our regulations on the payment of Social Security and Supplemental Security Income benefits under titles II and XVI of the Social Security Act (the Act). Section 203 requires that title II benefits will not be paid to a person who is a fugitive felon or probation or parole violator, unless good cause is shown as specified in this new law. Section 203 also added a good cause exception to the title XVI fugitive felon ineligibility provision. In addition, we propose to make other changes in our regulations, required by this legislation, such as removing the reference to high misdemeanors in the state of New Jersey. Finally, we propose to clarify our interpretation of the statutory language ``fleeing to avoid'' for the purposes of the title II and title XVI provisions.

We are proposing to revise the definitions of the age categories we use as one of the criteria in determining disability under titles II and XVI of the Social Security Act (the Act). The proposed changes reflect our adjudicative experience, advances in medical treatment and healthcare, changes in the workforce since we originally published our rules for considering age in 1978, and current and future increases in the full retirement age under Social Security law. The proposed changes would not affect the rules under part 404 of our regulations for individuals age 55 or older who have statutory blindness. They also would not affect our other rules that are dependent on age, such as the age at which you can qualify for early retirement benefits or for Medicare as a retired individual.

We will be holding a series of town hall meetings to maximize the opportunities for individuals and organizations to give us input on our Notice of Proposed Rulemaking (NPRM) to amend our regulations for the Ticket to Work and Self-Sufficiency Program (Ticket to Work program). We invite the public, including beneficiaries and other individuals with disabilities, their advocates, service providers, employers and other interested parties to attend these public meetings and to give us input on our proposed changes to the rules for the Ticket to Work program. We are announcing the scheduling of three additional town hall meetings.

The Commissioner has determined (1) A 4.1 percent cost-of-living increase in Social Security benefits under title II of the Social Security Act (the Act), effective for December 2005; (2) An increase in the Federal Supplemental Security Income (SSI) monthly benefit amounts under title XVI of the Act for 2006 to $603 for an eligible individual, $904 for an eligible individual with an eligible spouse, and $302 for an essential person; (3) The student earned income exclusion to be $1,460 per month in 2006 but not more than $5,910 in all of 2006; (4) The dollar fee limit for services performed as a representative payee to be $33 per month ($64 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 2006; (5) The national average wage index for 2004 to be $35,648.55; (6) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base to be $94,200 for remuneration paid in 2006 and self-employment income earned in taxable years beginning in 2006; (7) The monthly exempt amounts under the Social Security retirement earnings test for taxable years ending in calendar year 2006 to be $1,040 and $2,770; (8) 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 2006 to be $656 and $3,955; (9) 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 2006 to be $838, $1,210, and $1,578; (10) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2006 to be $970; (11) The ``old-law'' contribution and benefit base to be $69,900 for 2006; (12) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2006 to be $1,450, and the corresponding amount for non-blind disabled persons to be $860; (13) The earnings threshold establishing a month as a part of a trial work period to be $620 for 2006; and (14) Coverage thresholds for 2006 to be $1,500 for domestic workers and $1,300 for election workers.

We intend to hold a series of town hall meetings to maximize the opportunities for individuals and organizations to give us input on our Notice of Proposed Rulemaking (NPRM) to amend our regulations for the Ticket to Work and Self-Sufficiency Program (Ticket to Work program). We invite the public, including beneficiaries and other individuals with disabilities, their advocates, service providers, employers and other interested parties to attend these public meetings and to give us input on our proposed changes to the rules for the Ticket to Work program. We are announcing the scheduling of the first of these town hall meetings and a tentative schedule of additional meetings.

We propose to amend our regulations on representative payment and on the administrative procedure for imposing penalties for false or misleading statements or withholding of information to reflect and implement certain provisions of the Social Security Protection Act of 2004 (SSPA), Public Law 108-203. The SSPA amends representative payment policies by providing additional safeguards for Social Security, Special Veterans and Supplemental Security Income beneficiaries served by representative payees. These changes include additional disqualifying factors for representative payee applicants, additional requirements for non-governmental fee-for-service payees, authority to redirect delivery of benefit payments when a representative payee fails to provide required accountings, and authority to treat misused benefits as an overpayment to the representative payee. In addition, we propose to modify our rules to explain financial requirements for representative payees, and we also have made minor clarifying plain language changes. The SSPA also allows SSA to impose a penalty on any person who knowingly withholds information that is material for use in determining any right to or the amount of monthly benefits under titles II or XVI. The penalty is nonpayment for a specified number of months of benefits under title II that would otherwise be payable and ineligibility for the same period of time for cash benefits under title XVI (including State supplementary payments).

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 of records: (1) Expansion of the categories of individuals covered by the VIP/ CSR system of records to include individuals who visit any SSA office or who may contact any SSA office by telephone and/or by e-mail and who attempt or commit a violent act or make threats of violence towards an SSA employee, any individual visiting an SSA office conducting business, or any SSA office; and recording identifying information about the individual within the Visitor Intake Process/Customer Service Record (VIP/CSR) system. (2) Expansion of the categories of records maintained in the VIP/ CSR system of records to include identifying information about the new category of individuals that will be maintained in the VIP/CSR system of records, and a ``High Risk'' alert indicator based on type of threat or act of violence perpetrated by the individual. (3) Expansion of the purposes for which SSA uses information maintained in the VIP/CSR system of records to include use of the system to alert employees in a Social Security office when an individual attempted or committed a violent act or made threats of violence towards an SSA employee, any individual visiting an SSA office conducting business, or any SSA office ; and (4) A proposed new routine use disclosure applicable to information in the VIP/CSR system of records providing for the release of information to law enforcement agencies and private security contractors to protect the safety of SSA employees and customers, the security of the SSA workplace and the operation of SSA facilities, or to assist investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupts the operation of SSA facilities. All of the proposed alterations are discussed in the Supplementary Information section below. We invite public comment on this proposal.