Social Security Administration November 2010 – Federal Register Recent Federal Regulation Documents

Under title II of the Social Security Act (Act), there will be no cost-of-living increase in Social Security benefits effective for December 2010. As a result, the following items will remain at their 2010 levels: (1) The maximum Federal Supplemental Security Income (SSI) monthly benefit amounts for 2011, under title XVI of the Act, will remain $674 for an eligible individual, $1,011 for an eligible individual with an eligible spouse, and $338 for an essential person; (2) The special benefit amount under title VIII of the Act for certain World War II veterans will remain $505.50 in 2011; (3) The student earned income exclusion under title XVI of the Act will remain $1,640 per month in 2011, but not more than $6,600 in all of 2011; (4) The dollar fee limit for services performed as a representative payee will remain $37 per month ($72 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 2011; (5) The dollar limit on the administrative-cost assessment charged to attorneys representing claimants will remain $83 in 2011; (6) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base will remain $106,800 for remuneration paid in 2011 and self-employment income earned in taxable years beginning in 2011; (7) The monthly exempt amounts under the Social Security retirement earnings test for taxable years ending in calendar year 2011 will remain $1,180 and $3,140; (8) The ``old-law'' contribution and benefit base under title II of the Act will remain $79,200 for 2011; and (9) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2011 will remain $1,640. The national average wage index for 2009 is $40,711.61. This index affects the following items: (1) 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 2011 will be $749 and $4,517; (2) The 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 2011 will be $957, $1,382, and $1,803; (3) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2011 will be $1,120; (4) The monthly amount deemed to constitute substantial gainful activity for non-blind disabled persons will be $1,000 in 2011; (5) The earnings threshold establishing a month as a part of a trial work period will be $720 for 2011; and (6) Coverage thresholds for 2011 will be $1,700 for domestic workers and $1,500 for election officials and election workers.

We are reopening for a limited purpose the comment period for the notice of proposed rulemaking (NPRM) that we published in the Federal Register on August 19, 2010 (75 FR 51336). We are reopening the comment period for 15 days to clarify and to seek additional public comment about an aspect of the proposed definitions of the terms ``marked'' and ``extreme'' in sections 12.00 and 112.00 of our Listing of Impairments (listings). We are reopening the comment period to accept comments about that issue only. We will not consider comments on any other aspects of the proposed listings for mental disorders that we receive during this reopened comment period.

We are announcing the following demonstration project relating to the Social Security disability program under title II of the Social Security Act (Act). Under this project, we will test modifications to current title II program rules that we apply to beneficiaries who work and receive title II benefits based on disability. We will also modify current rules for paying outcome payments to providers of services under the Ticket to Work and Self-Sufficiency program (Ticket to Work program). We are conducting this project, called the Benefit Offset National Demonstration (BOND), under the demonstration authority provided in section 234 of the Act. In this project, we are testing the use of a benefit offset based on earnings as an alternative to certain rules that we currently apply to title II disability beneficiaries who work. Under the benefit offset, we will reduce title II disability benefits by $1 for every $2 that a beneficiary earns above a substantial gainful activity threshold amount. This alternative rule will allow a beneficiary to receive reduced benefit payments when we would ordinarily stop payments under our usual rules because of the beneficiary's work and earnings. In selecting beneficiaries to participate in the project, we will include some beneficiaries who receive only title II disability benefits. We also will include some beneficiaries who receive both title II disability benefits and Supplemental Security Income (SSI) based on disability or blindness under title XVI of the Act. However, we are only modifying title II program rules for beneficiaries who participate in the project. We will continue to apply the usual SSI program rules for participants who receive SSI payments in addition to title II disability benefits.

We are initiating a self-evaluation of our policies and practices supporting section 504 of the Rehabilitation Act of 1973. Under section 504, Federal agencies are required to provide meaningful access to their programs and activities to qualified persons with disabilities. We are interested in any ideas and suggestions you have about how we should conduct a self-evaluation. We are particularly interested in ideas and suggestions from persons with disabilities, their family members, and those who work with or advocate for persons with disabilities. As we proceed with the self-evaluation, we will provide an additional opportunity to interested persons to participate by submitting comments about our policies and practices.