Social Security Administration – Federal Register Recent Federal Regulation Documents

We are revising our rules regarding service of legal process in lawsuits involving judicial review of final decisions of the Commissioner of Social Security on individual claims for benefits under title II, VIII, or XVI of the Social Security Act (Act) or individual claims for a Medicare Part D subsidy under title XVIII of the Act. We are revising our rules to provide that when summonses and complaints in these lawsuits are mailed, they should be sent to a central address, regardless of where the lawsuit is filed. We will also accept electronic service in these suits in accordance with the new Supplemental Rules for Social Security Actions, added to the Federal Rules of Civil Procedure (FRCP) effective December 1, 2022. Additionally, we are updating our headquarters address; removing obsolete references and past jurisdictional responsibilities of regional Office of the General Counsel (OGC) offices, which no longer exist; and making other minor editorial changes. We expect that these changes will make the service of process for affected cases more streamlined and consistent with the FRCP.

We are announcing the assessment percentage rate under the Social Security Act (Act) is 6.3 percent for 2023.

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 provide SSA with quarterly wage (QW) and unemployment insurance (UI) information located in the National Directory of New Hires (NDNH) to allow SSA to determine eligibility of applicants for Extra Help (low-income subsidy assistance) under the Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003. This agreement assists SSA in determining eligibility of applicants for Extra Help, redetermining eligibility of existing Extra Help beneficiaries during periodic screening, and administering the Extra Help program.

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Railroad Board (RRB). Under this matching program, the RRB will disclose to SSA information necessary to verify an individual's self-certification of eligibility for the Extra Help with Medicare Prescription Drug Plan Costs program (Extra Help). It will also enable SSA to identify individuals who may qualify for Extra Help as part of the agency's Medicare outreach efforts.

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 VA compensation and pension payment data. SSA will use the data to determine the eligibility or amount of payment for Supplemental Security Income (SSI) or Special Veterans Benefit (SVB) recipients. SSA will also identify the income of individuals who may be eligible for Medicare cost-sharing assistance through the Medicare Savings Programs (MSP) as part of the agency's Medicare outreach efforts.

The Social Security Administration (SSA) is announcing open enrollment and a change in the subscription tier structure and associated fees for the electronic Consent Based Social Security Number (SSN) Verification (eCBSV) service. SSA will open eCBSV enrollment in Fiscal Year (FY) 2022, to interested permitted entities (PEs), as defined in section 215 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (i.e., the Banking Bill). The open enrollment period for PEs will begin on February 21, 2022 and remain open indefinitely. In accordance with statutory requirements, PEs will be required to provide payment to reimburse SSA for the development and support of the eCBSV system.

In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to modify an existing system of records entitled, Reasonable Accommodation for Persons with Disabilities, Social Security Administration (60-0315), last published on October 25, 2005. This notice publishes details of the modified system as set forth below under the caption, SUPPLEMENTARY INFORMATION.

The Social Security Administration is giving notice of its updated maximum civil monetary penalties. These amounts are effective from January 15, 2022 through January 14, 2023. These figures represent an annual adjustment for inflation. The updated figures and notification are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

We are announcing the assessment percentage rate under the Social Security Act (Act) is 6.3 percent for 2022.

Certain Medicare beneficiaries may have their taxable income affected by fraudulent activity, which in turn could affect the amount of and their ability to afford their Medicare Part B (medical insurance) and Medicare Part D (prescription drug coverage) premiums. We are seeking information from the public on the type of information we should consider relating to evidence of life changing events (LCE) resulting from criminal fraud or theft. Information from the public will help us determine whether and how we should revise our rules to provide relief to beneficiaries affected by fraud.

We are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Respiratory Disorders, Genitourinary Disorders, and Mental Disorders. We are making no other revisions to these body systems in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.

Under title II of the Social Security Act (Act), there will be a 5.9 percent cost-of-living increase in Social Security benefits effective December 2021. In addition, the national average wage index for 2020 is $55,628.60. The cost-of-living increase and national average wage index affect other program parameters as described below.

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Department of Defense, Defense Manpower Data Center (DoD/DMDC).