Social Security Administration – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces new matching program with the Law Enforcement Agency (Source Jurisdiction). The purpose of this agreement is to establish the terms, conditions, and safeguards under which SSA will conduct a computer matching program with Source Jurisdiction in accordance with the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, and the regulations and guidance promulgated thereunder, to identify individuals in the Source Jurisdiction who are (1) fleeing fugitive felons, parole violators, or probation violators, as defined by the Social Security Act (Act) and in accordance with the Martinez Settlement and the Clark Court Order, as defined below; and who are also (2) Supplemental Security Income (SSI) recipients, Retirement, Survivors and Disability Insurance (RSDI) beneficiaries, Special Veterans Benefit (SVB) beneficiaries, or representative payees for SSI recipients, RSDI beneficiaries, or SVB beneficiaries.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act and our disclosure regulations we are issuing public notice of our intent to establish a new system of records entitled, Program Litigation File System (60- 0278). This notice publishes details of the new system as set forth under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to modify an existing system of records entitled, Completed Determination RecordContinuing Disability Determinations, (60-0050), last published in January 11, 2006. This notice publishes details of the proposed updates as set forth below under the caption SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces new matching program with the Department of Defense, Defense Manpower Data Center (DoD/DMDC). This computer matching agreement (agreement) sets forth the terms, conditions, and safeguards under which DoD/DMDC will disclose to SSA data to verify information provided to SSA by applicants, beneficiaries, and recipients of Supplemental Security Income (SSI) payments and Special Veterans Benefits (SVB). The SSI and SVB recipient/beneficiary provides information about eligibility/ entitlement factors (e.g., income, reosurces, living arrangements). SSA obtains additional information, as necessary, before making any determinations of eligibility/payment or entitlement/benefit amounts or adjustments thereto. Military retirement payments to SSI recipients and SVB beneficiaries include retired members, or their survivors, of the Uniformed Services, i.e., Army; Navy; Air Force; Marine Corps; Coast Guard; and the Commissioned Corps of the National Oceanic and Atmospheric Administration. SSA will accomplish this task by computer matching with DoD/DMDC.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, Mass Emergency Notification System (MENS) (60-0386), hereinafter called the MENS Record System. This notice publishes details of the new system as set forth under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; System of Records; Extension of Comment Period
We are extending the comment period for a previously published Notice of a new system of records, due to the inability of the public to comment from the day the notice published on March 13, 2019, until March 25, 2019. Accordingly, we are extending the comment period by 12 days for the new system of records entitled, Travel and Border Crossing Records (60-0389).
Public Availability of Social Security Administration Fiscal Year (FY) 2017 Service Contract Inventory
In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010, we are publishing this notice to advise the public of the availability of the FY 2017 Service Contract inventory. This inventory provides information on FY 2017 service contract actions over $25,000. We organized the information by function to show how we distribute contracted resources throughout the agency. We developed the inventory in accordance with guidance issued on December 19, 2011 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at https://obamawhitehouse.archives.gov/sites/default/files/omb/ procurement/memo/service-contract-inventory-guidance.pdf. You can access the inventory and summary of the inventory on our homepage at the following link: https://www.socialsecurity.gov/sci.
Social Security Ruling 19-1p; Titles II and XVI: Effect of the Decision in Lucia v. Securities and Exchange Commission (SEC) On Cases Pending at the Appeals Council
We are giving notice of SSR 19-1p. This ruling explains how we will adjudicate cases pending at the Appeals Council in which the claimant has raised a timely challenge to the appointment of an administrative law judge (ALJ) under the Appointments Clause of the United States Constitution in light of the Supreme Court's recent 2018 decision in Lucia v. SEC.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, Travel and Border Crossing Records (60-0389). This notice publishes details of the new system as set forth under the caption, SUPPLEMENTARY INFORMATION.
Agreement on Social Security Between the United States and Iceland; Entry Into Force
We are giving notice that an agreement coordinating the United States (U.S.) and Icelandic social security programs will go into force effective on March 1, 2019. The Agreement with Iceland, which was signed on September 27, 2016, is similar to U.S. social security agreements already in force with 29 other countriesAustralia, Austria, Belgium, Brazil, Canada, Chile, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Korea (South), Luxembourg, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. Section 233 of the Social Security Act authorizes agreements of this type.
Prohibiting Persons With Certain Criminal Convictions From Serving as Representative Payees
We are finalizing our proposed regulations on conducting background checks to prohibit persons convicted of certain crimes from serving as representative payees under the Social Security Act (Act), as required by the Strengthening Protections for Social Security Beneficiaries Act of 2018.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Office of Personnel Management (OPM). This matching agreement sets forth the terms, conditions, and safeguards under which OPM will provide SSA with civil service benefit and payment data. This disclosure will provide SSA with 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 its Medicare outreach efforts.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Office of Personnel Management (OPM). The agreement between SSA and OPM sets forth the terms, conditions, and safeguards under which OPM will disclose civil service benefit and payment data to SSA. SSA is legally required to offset specific benefits by a percentage of civil service benefits received (Spousal and Survivors benefits, Supplemental Security Income (SSI) benefits, and Retirement and Disability Insurance Benefits are offset by a percentage of the recipients own Federal Government pension benefits). SSA administers the Old Age, Survivors, Disability Insurance (OASDI), SSI, and Special Veterans' Benefits (SVB) programs. SSA will use the match results under this agreement to meet its civil service benefit offset obligations. Appendices A, B, C, and D of this agreement contain specific information on the matching programs that SSA will conduct under this agreement. SSA's Office of the Chief Actuary (OCA) will also use OPM's data for statistical and research purposes in tracking the size of, and impact on, subpopulations of government annuitants affected by the Government Pension Offset (GPO), the Windfall Elimination Provision (WEP), and in cost estimates of proposals to change the two provisions.
Removing Inability To Communicate in English as an Education Category
We propose to eliminate the education category ``inability to communicate in English'' when we evaluate disability claims for adults under titles II and XVI of the Social Security Act (Act). Changes in the national workforce since we added this category to our rules in 1978 demonstrate that this education category is no longer a reliable indicator of an individual's educational attainment or the vocational impact of an individual's education. The proposed revisions reflect research and data related to English language proficiency, work, and education; expansion of the international reach of our disability programs; and audit findings by our Office of the Inspector General (OIG). The proposed revisions would help us better assess the vocational impact of education in the disability determination process.
Notice on Penalty Inflation Adjustments for Civil Monetary Penalties
The Social Security Administration is giving notice of its updated maximum civil monetary penalties. These amounts are effective from January 15, 2019 through January 14, 2020. 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 (the 2015 Act).
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to establish a new system of records entitled the Disability Analysis File (DAF) and the National Beneficiary Survey (NBS) Data System, (60-0382). This notice publishes details of the system as set forth under the caption SUPPLEMENTARY INFORMATION.
Rate for Assessment on Direct Payment of Fees to Representatives in 2019
We are announcing that the assessment percentage rate under the Social Security Act (Act) is 6.3 percent for 2019.
Consideration of Pain in the Disability Determination Process
We are soliciting public input to ensure that the manner in which we consider pain in adult and child disability claims under titles II and XVI of the Social Security Act (Act) remains aligned with contemporary medicine and health care delivery practices. Specifically, we are requesting public comments and supporting data related to the consideration of pain and documentation of pain in the medical evidence we use in connection with claims for benefits. We will use the responses to the questions below and any relevant research and data we obtain or receive to determine whether and how we should propose revisions to our current policy regarding the evaluation of pain.
Agreement on Social Security Between the United States and Slovenia; Entry Into Force
We are giving notice that an agreement coordinating the United States (U.S.) and Slovenian social security programs will go into force effective on February 1, 2019. The Agreement with Slovenia, which was signed on January 17, 2017, is similar to U.S. social security agreements already in force with 28 other countriesAustralia, Austria, Belgium, Brazil, Canada, Chile, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Korea (South), Luxembourg, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. Section 233 of the Social Security Act authorizes agreements of this type.
Review and Reassessment of the Social Security Administration's (SSA) Representative Payee Selection and Replacement Policies
We are requesting information on the appropriateness of our order of preference lists for selecting representative payees (payees) and the effectiveness of our policy and operational procedures in determining when to change a payee. We are seeking this information to determine whether and how we should make any changes to our representative payee program to help ensure that we select suitable payees for our beneficiaries.
Notice Announcing Addresses for Service of Process
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). This notice sets out the names and current addresses of those offices and the jurisdictions for which each office has responsibility.
Modifications to the Disability Determination Procedures; End of the Single Decisionmaker Test and Extension of the Prototype Test
We are announcing the end of the ``single decisionmaker'' test, consistent with our notice in the Federal Register in 2016, in which we said that we would end the test by December 28, 2018. This notice also extends the separate ``prototype'' test until its cessation in June 2020.
Social Security Administration Violence Evaluation and Reporting System
We are issuing a final rule to exempt a system of records entitled Social Security Administration Violence Evaluation and Reporting System (SSAvers) from certain provisions of the Privacy Act because this system will contain investigatory material compiled for law enforcement purposes.
Removal of Alternate Participant Program
We are removing from the Code of Federal Regulations (CFR) our ``Alternate Participant Program'' rules because they are obsolete. We are removing these rules in accordance with the requirements of Executive Order (E.O.) 13777.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces new matching program with the Centers for Medicare & Medicaid Services (CMS). This agreement establishes the terms, and conditions, and safeguards under which CMS will disclose to SSA certain individuals' admission and discharge information for care received in a nursing care facility. SSA will use this data to administer the Supplemental Security Income program efficiently and to identify Special Veterans' Benefits beneficiaries who are no longer residing outside of the United States.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, Requests for Waiver of Employee Salary Overpayments (60-0271). This notice publishes details of the system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, Security and Suitability Files (60-0377). This notice publishes details of the new system as set forth under the caption, SUPPLEMENTARY INFORMATION.
Security and Suitability Files
The Social Security Administration (SSA) separately published, in today's Federal Register, notice of a new system of records, entitled Security and Suitability Files. This rulemaking proposed to remove two systems of records listed in our exemptions, but which do not exist, and will replace them with a new exemption for this specified system of records from specific provisions of the Privacy Act, under 5 U.S.C. 552a(k)(5).
Setting the Manner for the Appearance of Parties and Witnesses at a Hearing
We propose to revise our rules to explain that the agency retains the right to determine how parties and witnesses will appear at a hearing before an administrative law judge (ALJ) at the hearing level of our administrative review process, and we will set the time and place for the hearing accordingly. We also propose to revise our rules to explain the State agency or the Associate Commissioner for Disability Determinations, or his or her delegate, will determine how parties and witnesses will appear, and will set the time and place for a hearing, before a disability hearing officer (DHO) at the reconsideration level in continuing disability review (CDR) cases. At both levels, we propose to schedule the parties to a hearing to appear by video teleconference (VTC), in person, or, in limited circumstances, by telephone. We propose that parties to a hearing will not have the option to opt out of appearing by the manner of hearing we choose. We also propose rules that explain how we will determine the manner of a party's or a witness's appearance. We expect these proposed changes would improve our service to the public by increasing the efficiency of our hearings processes and reducing the amount of time it takes us to schedule and hold hearings.
Income-Related Monthly Adjustment Amounts for Medicare Part B and Prescription Drug Coverage Premiums
The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) changed the modified adjusted gross income (MAGI) ranges associated with Medicare Part B and Medicare prescription drug coverage premiums for years beginning in 2018. The Bipartisan Budget Act of 2018 (BBA 2018) revised the MAGI ranges again for years beginning with 2019. We consider a beneficiary's MAGI and tax filing status to determine: The percentage of the unsubsidized Medicare Part B premium that the beneficiary must pay; and the percentage of the cost of basic Medicare prescription drug coverage the beneficiary must pay. This final rule makes our regulations consistent with the MAGI ranges specified by MACRA and BBA 2018.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Bureau of the Fiscal Service (Fiscal Service), Department of the Treasury (Treasury). This matching agreement sets forth the terms, conditions, safeguards, and procedures under which Fiscal Service, Treasury will disclose savings security data (as described in section VI.D) to SSA. SSA will use the data to determine continued eligibility for Supplemental Security Income (SSI) applicants and recipients, or the correct benefit amount for recipients and deemors who did not report or incorrectly reported ownership of savings securities.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to modify an existing system of records entitled, Assignment and Correspondence Tracking (ACT) System (60-0001), last published in full on January 11, 2006. This notice publishes details of the proposed updates as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to modify an existing system of records, entitled Master Representative Payee File (60-0222), last published in full on April 22, 2013. This notice publishes details of the modified system as set forth under the caption, SUPPLEMENTARY INFORMATION.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act, we are issuing public notice of our intent to modify our existing systems of records listed below under the System Name and Number section. This notice publishes details of the modification as set forth under the caption, SUPPLEMENTARY INFORMATION.
Agreement on Social Security Between the United States and Uruguay; Entry Into Force
We are giving notice that an agreement coordinating the United States (U.S.) and Uruguayan social security programs effective on November 1, 2018. The Agreement with Uruguay, which was signed on January 10, 2017, is similar to U.S. social security agreements already in force with 27 other countriesAustralia, Austria, Belgium, Brazil, Canada, Chile, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Korea (South), Luxembourg, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden, Switzerland, and the United Kingdom. Section 233 of the Social Security Act authorizes agreements of this type. Like the other agreements, the U.S.-Uruguayan Agreement eliminates dual social security coverage. This situation exists when a worker from one country works in the other country and has coverage under the social security systems of both countries for the same work. Without such agreements in force, when dual coverage occurs, 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.- Uruguayan 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 Uruguayan 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 Uruguayan benefits based on combined (totalized) work credits from both countries. Persons who wish to receive copies of the agreement or who 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 website at www.socialsecurity.gov/international. The full text of the agreement and its accompanying administrative arrangement are available at https://www.ssa.gov/international/Agreement_Texts/uruguay.htm l.
Cost-of-Living Increase and Other Determinations for 2019
Under title II of the Social Security Act (Act), there will be a 2.8 percent cost-of-living increase in Social Security benefits effective December 2018. In addition, the national average wage index for 2017 is $50,321.89. The cost-of-living increase and national average wage index affect other program parameters as described below.
Agreement on Social Security Between the United States and the Federative Republic of Brazil; Entry Into Force
We are giving notice of an agreement coordinating the United States (U.S.) and Brazilian social security programs effective on October 1, 2018. The Agreement with Brazil, which was signed on June 30, 2015, is similar to U.S. social security agreements already in force with 26 other countriesAustralia, Austria, Belgium, Canada, Chile, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Korea (South), Luxembourg, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden, Switzerland and the United Kingdom. Section 233 of the Social Security Act authorizes agreements of this type. Like the other agreements, the U.S.-Brazilian Agreement eliminates dual social security coverage. This situation exists when a worker from one country works in the other country and has coverage under the social security systems of both countries for the same work. Without such agreements in force, when dual coverage occurs, 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.- Brazilian 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 Brazilian 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 Brazilian benefits based on combined (totalized) work credits from both countries. Persons 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 website at www.socialsecurity.gov/international. The full text of the Agreement and its accompanying Administrative Arrangement is available at https:/ /www.ssa.gov/international/Agreement_Texts/brazil.html.
Revisions to Rules Regarding the Evaluation of Medical Evidence; Correction
On January 18, 2017, we published final rules in the Federal Register revising our medical evidence rules. Those final rules inadvertently included a typographical error. This document corrects the final regulations.
Prohibiting Persons With Certain Criminal Convictions From Serving as Representative Payees
We propose to amend our regulations to prohibit persons convicted of certain crimes from serving as representative payees under the Social Security Act (Act). We are proposing these revisions because of changes to the Act made by the Strengthening Protections for Social Security Beneficiaries Act of 2018.
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