Social Security Administration – Federal Register Recent Federal Regulation Documents

We are revising our rules to clarify when and how administrative appeals judges (AAJ) on our Appeals Council may hold hearings and issue decisions. The Appeals Council already has the authority to hold hearings and issue decisions under our existing regulations, but we have not exercised this authority or explained the circumstances under which it would be appropriate for the Appeals Council to assume responsibility for holding a hearing and issuing a decision. This final rule will ensure the Appeals Council is not limited in the type of claims for which it may hold hearings. We expect that this rule will increase our adjudicative capacity when needed, and allow us to adjust more quickly to fluctuating short-term workloads, such as when an influx of cases reaches the hearing level. Our ability to use our limited resources more effectively will help us quickly optimize our hearings capacity, which in turn will allow us to issue accurate, timely, high-quality decisions.

Under title II of the Social Security Act (Act), there will be a 1.3 percent cost-of-living increase in Social Security benefits effective December 2020. In addition, the national average wage index for 2019 is $54,099.99. 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 Railroad Retirement Board (RRB). This matching program sets forth the terms, safeguards, and procedures under which RRB, as the source agency, will disclose RRB annuity payment data to SSA, the recipient agency. SSA will use the information to verify Supplemental Security Income (SSI) and Special Veterans Benefits (SVB) eligibility and benefit payment amounts. SSA will also record the railroad annuity amounts RRB paid to SSI and SVB recipients in the Supplemental Security Income Record (SSR).

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the United States Department of the Treasury, Internal Revenue Service (IRS). Under this matching program, the IRS will disclose IRS return information to SSA to administer benefits to qualified aged, blind and disabled individuals.

In accordance with our rules, we are announcing a new requirement for representatives who request direct fee payment. A representative must submit all evidence electronically in claims for Social Security disability insurance benefits under title II of the Social Security Act (Act), and claims for Supplemental Security Income (SSI) payments based on disability under title XVI of the Act, if the representative requests direct fee payment on that claim; the claim or case has an electronic folder; and the claim is pending at the Office of Hearings Operations (OHO) or the Appeals Council. We expect electronic submission of this evidence will benefit claimants, representatives, and the Social Security Administration by improving our administrative efficiency and workload management, both during our COVID-19 health protocols and beyond.

We are issuing this interim final rule with request for comments to revise our regulations on how we waive the recovery of certain overpayment debts. We will apply this interim final rule when an affected beneficiary requests waiver of certain overpayment debts that accrued during a portion of the COVID-19 pandemic period. Under this rule, we may waive recovery of these overpayment debts using a streamlined internal process. Since the overpayment debts at issue occurred because of the circumstances surrounding the COVID-19 national public health emergency, we can assume that these debts are not the fault of the affected beneficiaries due directly to our strategic decision to reprioritize workloads to stop manually processing certain actions, and it would be against equity and good conscience to collect them. In particular, qualifying overpayment debts include those incurred between March 1 to September 30, 2020 that we did not manually process as a result of our cession of certain activities, and that we identified by December 31. We expect that this interim final rule will allow us to maintain effective stewardship of the Social Security programs, while simultaneously ensuring that affected beneficiaries are not disadvantaged by our actions during this unprecedented national public health emergency.

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Department of the TreasuryInternal Revenue Services (IRS). This computer matching agreement sets forth the terms, conditions, and safeguards under which IRS will disclose to SSA certain return information for the purpose of establishing the correct amount of Medicare Part B premium subsidy adjustments and Medicare Part D premium increases.

In accordance with the Privacy Act, we are issuing public notice of our intent to modify an existing system of records, the Anti- Harassment & Hostile Work Environment Case Tracking and Records System (60-0380), last published on December 2, 2016. This notice publishes details of the modified system as set forth under the caption, SUPPLEMENTARY INFORMATION.

We are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Low Birth Weight and Failure to Thrive, Endocrine Disorders, and Cancer (Malignant Neoplastic Diseases). 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.

In accordance with the Privacy Act, we are issuing public notice of our intent to modify an existing system of records entitled, Parking Management Record System, 60-0230, last published in full January 11, 2006. This notice publishes details of the modified system as set forth under the caption, SUPPLEMENTARY INFORMATION.

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Office of Child Support Enforcement (OCSE). OCSE will provide SSA with quarterly wage and unemployment insurance information located in the National Directory of New Hires to allow SSA to determine eligibility of applicants for Extra Help (low-income subsidy assistance) under the Medicare Prescription Drug, Improvement, and Modernization Act 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.

Our Office of the General Counsel (OGC) is responsible for processing and handling summonses and complaints in lawsuits involving judicial review of our final decisions on individual claims for benefits under titles II, VIII, and XVI of the Social Security Act (Act), and individual claims for a Medicare Part D subsidy under title XVIII of the Act. This notice sets out the names and current addresses of those offices and the jurisdictions for which each office has responsibility.

In accordance with 20 CFR 402.35(b)(2), 404.985(e)(4) and 416.1485(e)(4), the Commissioner of Social Security gives notice of the rescission of Social Security Acquiescence Ruling (AR) 86-3(5).

We are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Special Senses and Speech, Hematological Disorders, and Congenital Disorders That Affect Multiple Body Systems. 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.