Social Security Administration – Federal Register Recent Federal Regulation Documents

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new computer matching program that we will conduct with DOL. Also published today in a separate notice in the Federal Register you will find an announcement of a renewal of an existing computer matching program (Match 1003).

We are withdrawing the proposed rules we published in the Federal Register on December 5, 2005.

At the request of the Office of the Federal Register, we are reinstating the finding aid ``Index to Chapter III'' in Title 20 of the Code of Federal Regulations (CFR). The finding aid contains a list of all Acquiescence Rulings published in the Federal Register from January 11, 1990 through April 1, 2012.

We are revising the Notification of implementation of requirement we published on January 31, 2012 (77 FR 4653). We are clarifying the requirement that appointed representatives file certain appeals using our electronic systems in matters for which the representatives request direct fee payment. Specifically, we are clarifying that the electronic filing requirement includes both the submission of the forms we require to file the appeal request and the Disability ReportAppeal. This is the first service required under the regulation we published on September 12, 2011 (76 FR 56107), Requiring Use of Electronic Services.

We propose to revise and reorganize the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving visual disorders 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 revised these criteria in 2006. These proposed revisions reflect guidance we have issued in response to adjudicator questions and will ensure more timely adjudication of claims in which we evaluate visual impairments that involve a loss of visual acuity or loss of visual fields.

We are announcing the requirement that appointed representatives file certain appeals using our electronic systems in matters for which the representatives request direct fee payment. This is the first service required under the regulation we published on September 12, 2011 (76 FR 56107), Requiring Use of Electronic Services.

This final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on December 29, 2010. The interim final rule incorporated changes to the Medicare prescription drug coverage low-income subsidy (Extra Help) program made by the Patient Protection and Affordable Care Act (Affordable Care Act) enacted in March 2010. Under our interpretation of section 3304 of the Affordable Care Act, if the death of a beneficiary's spouse would decrease or eliminate the subsidy provided by the Extra Help program, we will extend the effective period of eligibility for the most recent determination or redetermination until one year after the month following the month we are notified of the death of the spouse. The effective date of this provision was January 1, 2011. We also revised our regulations to incorporate changes made by the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) which affect the way we account for income and resources when determining eligibility for the Extra Help program. The statute provides that we no longer count the value of any life insurance policy as a resource for Extra Help effective on and after January 1, 2010. As of that date, we also no longer count as income the help a beneficiary receives when someone else provides food and shelter, or pays household bills for food, mortgage, rent, electricity, water, property taxes, or heating fuel or gas. These revisions updated our rules to reflect these statutory changes.

The Social Security Act (Act) states that we may issue a Ticket to Work (Ticket) to disabled beneficiaries for participation in the Ticket to Work program (Ticket program). Under our current rules, however, we mail initial Ticket notices to all Ticket-eligible beneficiaries, regardless of whether they are likely to participate in the program, immediately after they begin receiving benefits. We are modifying our rules so that we may send a Ticket to eligible disabled beneficiaries. We will inform all newly eligible and current beneficiaries of the availability of the program via routine correspondence. In addition, we will conduct Ticket outreach to those disabled beneficiaries who are most likely to return to work. We will send a Ticket to any eligible disabled beneficiary upon request, regardless of whether we have identified the beneficiary through our outreach efforts. We expect this change will make the Ticket program more effective. This change does not affect Ticket eligibility requirements.

We are announcing that the assessment percentage rate under Sections 206(d) and 1631(d)(2)(C) of the Social Security Act (Act), 42 U.S.C. 406(d) and 1383(d)(2)(C), is 6.3 percent for 2012.

We are soliciting the input of beneficiaries, recipients, advocates, employment networks (ENs), other professionals, and the general public on the draft revised EN Report Card. An EN is a private or public entity that participates in the Ticket to Work (TTW) program and provides employment services, vocational rehabilitation services, or other support services to Social Security Disability Insurance beneficiaries and Supplemental Security Income (SSI) recipients who are disabled. The EN Report Card is available at: EN Report Card Page. Disability beneficiaries and SSI recipients who want help with their work goals may use the EN Report Card to help them make informed choices about how to select ENs under the TTW program. The EN Report Card contains performance information about ENs. This information comes from our records, EN records, and beneficiary and recipient's satisfaction ratings of their EN.

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.

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.

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.

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.