Social Security Administration October 2011 – Federal Register Recent Federal Regulation Documents
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Cost-of-Living Increase and Other Determinations for 2012
Under title II of the Social Security Act (Act), there will be a 3.6 percent cost-of-living increase in Social Security benefits effective December 2011. As a result of this increase, the following items will increase for 2012: (1) The maximum Federal Supplemental Security Income (SSI) monthly benefit amounts for 2012 under title XVI of the Act will be $698 for an eligible individual, $1,048 for an eligible individual with an eligible spouse, and $350 for an essential person; (2) The special benefit amount under title VIII of the Act for certain World War II veterans will be $523.50 for 2012; (3) The student earned income exclusion under title XVI of the Act will be $1,700 per month in 2012, but not more than $6,840 for all of 2012; (4) The dollar fee limit for services performed as a representative payee will be $38 per month ($75 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 2012; and (5) The dollar limit on the administrative-cost assessment charged to attorneys representing claimants will be $86 in 2012. The national average wage index for 2010 is $41,673.83. This index affects the following amounts: (1) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base will be $110,100 for remuneration paid in 2012 and self-employment income earned in taxable years beginning in 2012; (2) The monthly exempt amounts under the OASDI retirement earnings test for taxable years ending in calendar year 2012 will be $1,220, for years prior to the year in which a person attains his or her Normal Retirement Age (NRA) and $3,240, for the year in which a person attains his or her NRA; (3) The dollar amounts (``bend points'') used in the primary insurance amount (PIA) benefit formula for workers who become eligible for benefits, or who die before becoming eligible, in 2012 will be $767 and $4,624; (4) 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 2012 will be $980, $1,415, and $1,845; (5) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2012 will be $1,130; (6) The ``old-law'' contribution and benefit base under title II of the Act will be $81,900 for 2012; (7) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2012 will be $1,690, and the corresponding amount for non-blind disabled persons will be $1,010; (8) The earnings threshold establishing a month as a part of a trial work period will be $720 for 2012; and (9) Coverage thresholds for 2012 will be $1,800 for domestic workers and $1,500 for election officials and election workers.
Revised Medical Criteria for Evaluating Congenital Disorders That Affect Multiple Body Systems
We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving impairments that affect multiple body systems in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience and address adjudicator questions we have received since we last comprehensively revised this body system in 2005. We do not expect any decisional differences due the revisions in this body system.
Agency Self-Evaluation Under Section 504 of the Rehabilitation Act of 1973; Public Forums on Accessibility for Individuals With Disabilities; Extension of Comment Period
On August 2, 2011, we announced in the Federal Register that we were soliciting oral and written comments at two Section 504 Self- Evaluation Forums. We stated that the deadline for written comments was October 31, 2011. We are extending the written comment deadline by 15 days to match the date we publicly announced at the August forum. Deadline for Comments: To ensure that your written comments are considered, we must receive them no later than November 15, 2011. Written Comments: If you are not available to participate real-time in the public forums, we encourage you to submit written comments by Internet, fax, or mail. If you submitted oral comments at a public forum, you may also submit additional comments in writing. In your submission, please state that your comments refer to Docket No. SSA- 2011-0035 so that we may associate your comments with the correct document. Caution: You should be careful to include in your comments only information that you wish to make publicly available. We strongly urge you not to include in your comments any personal information, such as Social Security numbers or medical information. Internet: We strongly recommend that you submit your comments via the Internet. Please visit the Federal eRulemaking portal at https://www.regulations.gov. Use the Search function to find docket number SSA-2011-0035. The system will issue a tracking number to confirm your submission. You will not be able to view your comment immediately because we must post each comment manually. It may take up to a week for your comment to be viewable. Fax: Fax comments to (410) 966-2830. Mail: Address your comments to the Office of Regulations, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401. Comments are available for public viewing on the Federal eRulemaking portal at https:// www.regulations.gov or in person, during regular business hours, by arranging with the contact person identified below.
Amendments to Procedures for Certain Determinations and Decisions
We are revising the procedures for how claimants who receive fully favorable revised determinations based on prehearing case reviews or fully favorable attorney advisor decisions may seek further review. We are also revising our procedure to provide that we will notify claimants who receive partially favorable determinations based on prehearing case reviews that an administrative law judge (ALJ) will still hold a hearing unless all parties to the hearing tell us in writing that we should dismiss the hearing request. These changes will simplify our administrative review process and free up scarce administrative resources that we can better use to reduce the hearings- level case backlog.
Rescission of Social Security Ruling 97-2p
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of the rescission of Social Security Ruling (SSR) 97-2p.
Recovery of Delinquent Debts-Treasury Offset Program Enhancements
We are amending our Tax Refund Offset (TRO) and Administrative Offset regulations. We are conforming our regulations to those of the Department of the Treasury (Treasury) for the following reasons: Treasury removed the 10-year limitation to collect delinquent debts owed the United States by reducing eligible Federal payments, and more States are participating in reciprocal agreements with Treasury to offset State payments, including tax refunds to reduce or extinguish a federally owed debt. These changes will allow us to collect additional Federal debt.
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