Disability Law Blog

User Fee to Calculate Attorneys Fees Unchanged in 2006

The maximum that can be charged for calculating attorney's fees remains unchanged for 2006:

The Commissioner of Social Security has determined, based on the best available data that the current assessment percentage rate of 6.3 percent will continue for 2006. We will continue to review our costs on a yearly basis.

The $75 cap remains in place.

Available in text and PDF.

71 Fed.Reg. 964 (January 6, 2006)

SSA Releases Data on OASDI Benes by State and Zip Code

SSA's Office of Policy has released its annual report on Social Security beneficiaries arranged by state and zip code.   The publication "presents basic program data on the number and type of beneficiaries and the amount of benefits paid in each state, Social Security Administration field office, and ZIP Code. It also shows the number of beneficiaries aged 65 or older."g

SSA Issues Notice of COLA and Other Adjustments for 2006

"SUMMARY: The Commissioner has determined--
    (1) A 4.1 percent cost-of-living increase in Social Security benefits under title II of the Social Security Act (the Act), effective for December 2005;
    (2) An increase in the Federal Supplemental Security Income (SSI) monthly benefit amounts under title XVI of the Act for 2006 to $603 for an eligible individual, $904 for an eligible individual with an eligible spouse, and $302 for an essential person;
    (3) The student earned income exclusion to be $1,460 per month in 2006 but not more than $5,910 in all of 2006;
    (4) The dollar fee limit for services performed as a representative payee to be $33 per month ($64 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 2006;
    (5) The national average wage index for 2004 to be $35,648.55;
    (6) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base to be $94,200 for remuneration paid in 2006 and self-employment income earned in taxable years beginning in 2006;
    (7) The monthly exempt amounts under the Social Security retirement earnings test for taxable years ending in calendar year 2006 to be $1,040 and $2,770;
    (8) 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 2006 to be $656 and $3,955;
    (9) The dollar amounts ("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 2006 to be $838, $1,210, and $1,578;
    (10) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2006 to be $970;
    (11) The "old-law'' contribution and benefit base to be $69,900 for 2006;
    (12) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2006 to be $1,450, and the corresponding amount for non-blind disabled persons to be $860;
    (13) The earnings threshold establishing a month as a part of a trial work period to be $620 for 2006; and
    (14) Coverage thresholds for 2006 to be $1,500 for domestic workers
and $1,300 for election workers."

Available in text and PDF

70 FR 61677-61683 (October 25, 2005)

SSA Extends Testing of Modified Disability Determination Procedures

SSA has decided to extend testing of several modified disability determination procedures for another year:

Current regulations at 20 CFR 404.906 and 416.1406 authorize us to test, individually, or in any combination, different modifications to the disability determination procedures. We have conducted several tests under the authority of these rules, including a prototype that incorporates a number of modifications to the disability determination procedures that the State agencies use. The prototype included three redesign features, and we previously extended the tests of two of those features: the use of a single decisionmaker, in which a disability examiner may make the initial disability determination in most cases without requiring the signature of a medical consultant; and elimination of the reconsideration level of review. We are now announcing a further extension of the testing of these two features.

We also have conducted another test involving the use of a single decisionmaker who may make the initial disability determination in most cases without requiring the signature of a medical consultant. We are also extending the period during which we will select cases to be included in this test of the single decisionmaker feature.

Available in text and PDF.

70 FR 56204-56205 (September 26, 2005)

SSA Announces Benefit Offset Pilot Project to Encourage Disability Beneficiaries to Return to Work

The Social Security Administration (SSA) has announced a demonstration project to test alternative approaches to treating the work activity of Title II disability beneficiaries:

The project will test the effects of reducing benefits $1 for every $2 of a beneficiary's earnings above the Substantial Gainful Activity (SGA) amount when title II benefits otherwise would not be payable during the disability beneficiary's reentitlement period. This benefit offset will be provided in concert with other support services, such as benefits counseling. The demonstration also will test the effects of extending the duration of the reentitlement period from the current 36 months to 72 months. The demonstration also will test the
effects of altering current rules that we use in continuing disability reviews. Only beneficiaries selected for the treatment group under the project will be eligible for the demonstration provisions. We will also modify the rules for paying outcome payments to providers participating in the Ticket to Work program who have accepted tickets from
beneficiaries in the treatment group.

The benefit offset pilot will be conducted in Connecticut, Utah, Vermont and Wisconsin beginning around May 1, 2005.

Available in text and PDF

70 FR 19821-19825 (April 14, 2005)

Advance Notice of Proposed Rulemaking re Respiratory Disorders

The fourth and final advance NPR issued by SSA today, this one addressing respiratory disorders: "We are planning to update and revise the rules that we use to evaluate respiratory disorders of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Act."

The comment period ends June 13, 2005.

Available in text and PDF

70 FR 19358-19361 (April 13, 2005)

Advance Notice of Proposed Rulemaking re Neurological Disorders

A third advance notice of proposed rulemaking issued by SSA today, this one involving revisions to the neurological disorders listings:

We are planning to update and revise the rules that we use to evaluate neurological impairments of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Act. The purpose of this notice is to give you an opportunity to send us comments and suggestions for updating and revising those rules as we begin the rulemaking process. We are also asking for your comments and ideas about how we can improve our disability programs in the future for people with neurological disorders.

The comment period ends June 13, 2005.

Available in text and PDF.

70 FR 19356-19358 (April 13, 2005)

Advance Notice of Proposed Rulemaking re Speech Disorders

It's a busy day at the Social Security Administration (SSA). SSA has issued another advance notice of proposed rulemaking:

We are considering whether to add a new body system to our listings for evaluating language and speech disorders. The new listings would apply to adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Act. The purpose of this notice is to give you an opportunity to send us comments about whether we should establish these new rules, and if so, suggestions about what these proposed rules should include. We are also asking for your comments and ideas about how we can improve our disability programs in the future for people with language and speech disorders.

The comment period ends June 13, 2005.

Available in text and PDF.

70 FR 19351-19353 (April 13, 2005)

Advance Notice of Proposed Rulemaking re Hearing Impairments

We are planning to update and revise the rules that we use to evaluate hearing impairments and disturbance of labyrinthine-vestibular function of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Act. The purpose of this notice is to give you an opportunity to send us comments and suggestions for updating and revising those rules as we begin the rulemaking process. We are also asking for your comments and ideas about how we can improve our disability programs in the future for people with hearing impairments or disturbance of labyrinthine-vestibular function.

The comment period ends June 13, 2005.

Available in text and PDF.

70 FR 19353-19356 (April 13, 2005)

SSA Announces Implementation of Attorney Fee Withholding Provisions of Social Security Protection Act

The Social Security Administration announced that withholding of attorney's fees in Title XVI cases and the demonstration project to extend fee withholding to non-attorney representatives have been implemented:

The purpose of this notice is to announce that the Social Security Administration (SSA) has implemented sections 302 and 303 of the Social Security Protection Act of 2004 (SSPA). Section 302 of the SSPA extends the current attorney fee withholding and payment process under title II of the Social Security Act (the Act) to claims for benefits under title XVI of the Act. Section 303 of the SSPA requires the Commissioner of Social Security (the Commissioner) to develop and implement a five-year nationwide demonstration project that extends to certain non-attorney representatives of claimants under titles II and XVI of the Act the option to have approved representatives' fees withheld and paid directly from a beneficiary's past-due benefits.

Available in text and PDF.

70 FR 14490-14491 (March 22, 2005)

SSA Proposes to Establish an Electronic FOIA System

A rapidly increasing Freedom of Information Act (FOIA) workload coupled with an "antiquated" system for responding to FOIA requests has led the Social Security Administration to propose an electronic FOIA (eFOIA) system of records:

The proposed eFOIA System is an Internet Web-based integrated system that will afford the public an opportunity to make FOIA requests via the Internet and uses the Department of Treasury's pay.gov service to provide the customer with a fast and effective means to pay his or her FOIA fees. In addition, one system allows SSA staff to keep current with the growing FOIA workload and more fully comply with the provisions of the Electronic Freedom of Information Act Amendments of 1996 that amended the FOIA.

The new system will contain the following information:"(1) The requester's name, address, control number, and subject matter of the request; (2) incoming request; (3) replies to the request; (4) appeals based on the replies; and (4) replies to the appeals." This notice also discloses the ways in which information obtained through eFOIA requests may be shared with other individuals and agencies.

Comments are solicited, but the new system becomes effective February 20, 2005 unless comments warrant otherwise.

Available in text and PDF

70 FR 3571-3572 (January 25, 2005)

SSA Announces Demonstration Project for Direct Payment to Non-Attorney Representatives

Pursuant to the Social Security Protection Act of 2004, the Social Security Administration has announced a demonstration project for direct payment of fees to non-attorney representatives:

The purpose of this notice is to provide information about the prerequisites that non-attorney representatives will be required to satisfy and about our plans for administering the prerequisites process. We will post further details about the prerequisites process (e.g., when and how to apply) on our Web site at http://www.socialsecurity.gov when they become available.

Some of the criteria an applicant who wishes to participate in the project must satisfy include:

• Qualifications equivalent to a bachelor's degree
• Experience in representing claimants before SSA
• Liability insurance or equivalent insurance adequate to protect claimants in the event of malpractice by the representative
• Criminal background check that ensures a representative's fitness to practice before the Commissioner
• Examination testing knowledge of the relevant provisions of the Act and the most recent developments in Agency and court decisions affecting titles II and XVI of the Act.

SSA has also determined that the application fee will be $1000. An interesting read.

Available in text and PDF

70 FR 2447-2450 (January 13, 2005)

SSA Announces Awarding of Grants Regarding Work Incentives

The Social Security Administration has awarded grants for 2005 to "State Protection and Advocacy Systems" related to the Work Incentives Assistance Program:

The purpose of this program is to provide individuals with disabilities who receive Social Security Disability Insurance or Supplemental Security Income benefits, information and advice about obtaining vocational rehabilitation and employment services. The purpose is also to provide advocacy or other services that beneficiaries with a disability may need to secure, maintain, or regain gainful employment.

Available in text and PDF

69 FR 78093-78094 (December 29, 2004)

SSA Announces New System of Records to Determine Eligibility of Non-Attorney Representatives for Direct Payment of Fees

The Social Security Administration has announced a proposed new system of records entitled the NARPPF system:

In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)), we are issuing public notice of our intent to establish a new system of records entitled the Non-Attorney Representative Prerequisites Process File, 60-0355, and routine uses applicable to this system of records. Hereinafter, we will refer to the proposed system of records as the NARPPF system. The proposed system of records
will consist of information used to determine the eligibility of a non-attorney who represents claimants before SSA to participate in the demonstration project for direct payment of fees. We invite public comments on this proposal.

This new system will become effective January 23, 2005 unless public comment warrants that it not become effective.

Available in text and PDF

69 FR 77823-77826 (December 28, 2004)

(SSA also announced today a new system of records for the Medicare Part D--prescription drug benefit--program.  This system becomes effective January 25, 2005.  Information collected by SSA can be shared with other agencies and individuals under guidelines established by SSA.  Read more about in text or PDF.) 

Attorney Fee Assessment Rate to Remain at Maximum 6.3% in 2005

SSA has announced, "based on the best available data," that the tax on attorney's fees will continue at 6.3% for 2005. 42 USC § 406 requires the Commissioner "to determine the percentage rate necessary to achieve full recovery of the costs of determining and certifying fees to attorneys, but not in excess of 6.3 percent." The rate will also apply to attorneys in Title XVI cases and to eligible non-attorney representatives in Title II and Title XVI cases when direct payments begin in those programs in 2005.

Available in text and PDF

69 FR 77307-77308 (December 27, 2004)

Ticket to Work Advisory Panel Teleconference Announced

The Ticket to Work and Work Incentives Advisory Panel will hold a teleconference on Tuesday, January 18, 2005 from 1 to 3 p.m. Eastern time.

This teleconference meeting is open to the public. The interested public is invited to participate by calling into the teleconference at [1-888-323-2711]. Public testimony will not be taken. . . . The Panel will be discussing strategic planning and its Annual Report to the President and Congress. The agenda for this meeting will be posted on the Internet at http://www.socialsecurity.gov/work/panel one week prior to the teleconference or can be received in advance electronically or by fax upon request.

Available in text and PDF.

69 FR 76027 (December 20, 2004)

SSA Solicits Comments on Information Collection Packages

SSA is soliciting "comments on the accuracy of the agency's burden stimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and on ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology" for the following:

• Disability Determination and Transmittal


• Non-Attorney Representative Demonstration Project Application


• Request for Review of Hearing Decision/Order


• State Mental Institution Policy Review


• Acknowledgement of Receipt (Notice of Hearing)


• Early Intervention Project/Employment Services Provider Survey


• Request for Hearing by Administrative Law Judge


• Contact with the Representative Payee and Contact with Beneficiary


• Employer Report of Special Wage Payments


• Disability Hearing Officer's Report of Disability Hearing


• Medical Report (Individual with Childhood Impairment)


• RS/DI Quality Review Case Analysis

Available in text and PDF

69 FR 64801-64803 (November 8, 2004)

SSA Requests Comments on Information Collection Packages

"SSA is soliciting comments on the accuracy of the agency's burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and on ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology" for the following:

• Reporting Events--SSI


• Cessation or Continuation of Disability or Blindness Determination and Transmittal


• Application to Collect a Fee for Payee Services


• Agreement to Sell Property--SSI


• Epidemiological Research Request


• Student Reporting Form


• Electronic Benefit Verification Information


• Extension of Approved OMB information collection for medical evidence re Listings


• Census Bureau Survey of Income and Program Participation


• Employee Identification Statement


• Public Understanding Measurement System (PUMS)

Available in text and PDF.

69 FR 63429-63432 (November 1, 2004)

SSA Proposes to Amend a Routine Use to Verify Full SSNs for Voter Registration Purposes

SSA proposes to amend a routine use first published in August:

On August 6, 2004, we published a notice of routine use in the Federal Register that allows SSA to verify the last 4 digits of the SSN for State voter registration purposes under section 205(r)(8) of the Social Security Act (42 U.S.C. 405(r)(8)). We are now proposing to amend that routine use to allow SSA to verify the full SSNs for certain States that are permitted to use the full SSN for State voter registration purposes under section 303(a)(5)(D) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)(5)(D)).

The new routine use will become effective December 6, 2004.

Available in text and PDF

69 FR 63432-63433 (November 1, 2004)

SSA Publishes Formal Notice of Cost of Living Adjustments for 2005

The Social Security Administration has published a list of increases and adjustments for 2005 in today's Federal Register. A few highlights:

• Title II benefits increase 2.7%


• Title XVI benefits increase to $579 per month


• Taxable earnings of $920 equals one quarter of coverage


• Substantial gainful activity (SGA) limit is $830 for non-blind disabled persons ($1380 for blind persons)


• Trial work period earnings threshold is now $590 per month

Available in text and PDF

69 FR 62497-62502 (October 26, 2004)

SSA Announces 2.7 Percent Increase in Benefits for 2005

Social Security and SSI benficiaries will receive a 2.7 increase in their monthly benefits in 2005, SSA announced yesterday:

Social Security and Supplemental Security Income benefits increase automatically each year based on the rise in the Bureau of Labor Statistics' Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), from the third quarter of the prior year to the corresponding period of the current year. This year's increase in the CPI-W was 2.7 percent.

The 2.7 percent Cost-of-Living Adjustment (COLA) will begin with benefits that more than 47 million Social Security beneficiaries receive in January 2005. Increased payments to 7 million Supplemental Security Income beneficiaries will begin on December 30.

As a result of the adjustment, the SGA limit rises from $810/month to $830/month. The Trial Work Period threshhold rises from $580/month to $590/month.

A chart of all the numbers affected by the COLA can be found here.

SSA Solicits Comments on Two New Forms Regarding the Medicare Prescription Drug Plan

The Social Security Administration (SSA) is soliciting comments on two new forms that are designed to help low-income people (1) apply for premium, deductible and cost-sharing subsidies related to Medicare Part D (voluntary prescription drug coverage) provided by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Pub. L. 108-173) and (2) appeal denial of those subsidies. The two forms are:

• Application for Help with Medicare Prescription Drug Plan Costs (Forms SSA-1020)
• Appeal of Determination for Help with Medicare Prescription Drug Plan Costs (Form SSA-1021)

You can call or write for copies of the forms (no e-mail available?). SSA requests that comments be submitted to both the Office of Management and Budget (OMB) and SSA within 30 days.

Available in text and PDF

69 FR 58578 (September 30, 2004)

SSA Announces Appointment of Senior Executive Service Performance Review Board Membership

Title 5, U.S. Code, section 4314(c)(4) of the Civil Service Reform Act of 1978, Public Law 95-454, requires that the appointment of Performance Review Board members be published in the Federal Register. The following persons will serve on the Performance Review Board which oversees the evaluation of performance appraisals of Senior Executive Service members of the Social Security Administration:

• Nicholas M. Blatchford


• Michael G. Gallagher *


• Rogelio Gomez *


• Myrtle S. Habersham *


• Terris A. King


• Nancy A. McCullough


• Carolyn L. Simmons


• Felicita Sola-Carter


• Thomas J. Tobin *


• Paul N. Van de Water


• Manuel Vaz


• Alice H. Wade


• Charles M. Wood

* New Member

Available in text and PDF

69 FR 55657 (September 15, 2004)

SSA Requests Comments on Information Collection Packages

"SSA is soliciting comments on the accuracy of the agency's burden stimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and on ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology" for the following:

• SSA-2930, SSA-2931, SSA-2932, and SSA-4569, RS/DI Quality Review Case Analysis: Sampled Number Holder, Auxiliaries/Survivors, Parents: Stewardship Annual Earnings Test Workbook


• HA-501, Acknowledgement of Request for Hearing


• SSA-3827, Medical Report (Individual with Childhood Impairment)


• SSA-1204-BK, Disability Hearing Officer's Report of Disability Hearing


• SSA-131, Employer Report of Special Wage Payments


• Payment of Certain Travel Expenses


• SSA-545, Plan for Achieving Self-Support


• SSA-7050, Request for Social Security Earnings Information

Available in text and PDF.

69 FR 55206-55208 (September 13, 2004)

SSA Requests Comments on Information Collection Packages

SSA requests comments within 60 days on the following:

SSA-L4945 Contact with the Representative Payee, and

SSA-L4947 Contact with Beneficiary

These forms will be used "to inform respondents and conduct quality reviews of payments made under the titles II and XVI . . . programs. . . . Cases for the review will be selected randomly and the information solicited will be used for verification of payment data on record in the claims folder and SSA's Master Beneficiary Record. "

Employment Services Provider Survey

The survey is "part of a process demonstration authorized by the Ticket to Work and Work Incentives Improvement Act of 1999. The process demonstration, Early Intervention (EI), will provide employment services and supports to certain applicants for Social Security disability insurance."

Beginning in early 2005, EI will be piloted in three states. In New Mexico, EI will be piloted in the Albuquerque, Roswell/Carlsbad/Hobbs and Clovis areas. In Vermont, EI will be piloted throughout the entire state. In Wisconsin, EI will be piloted in the following counties: Green, Jefferson, Rock, Walworth, and Waukesha.

Information collected through the EI survey will be used by SSA for the purposes of project design, implementation and evaluation. The information will assist in designing how linkages are formed between participants and providers for EI. SSA's EI project staff will use the information to identify appropriate employment service providers for project participants. Project evaluators will use the information collected from the survey as a baseline assessment of the provider market in each area. The respondents to the IE survey are employment service providers in the pilot states.

SSA requests comments within 30 days on the following:

Form SSA-4641-U2

This form " provides financial institutions with the customer's authorization to disclose records. Responses to the questions are used, in part, to determine whether resource requirements are met in the Supplemental Security Income program. The respondents are financial institutions (banks, savings and loans, credit unions, etc.)."

Available in text and PDF

69 FR 54338-54339 (September 8, 2004)

SSA Announces Renewal of Computer Matching Program with Veterans Benefit Administration (VBA)

SSA will conduct a computer matching program with the VBA. The program is designed:

to establish conditions for VBA as the source agency, to disclose VA compensation and pension payment data to the SSA, the recipient agency. This disclosure will provide SSA with information necessary to identify certain Supplemental Security Income (SSI) and Special Veterans Benefit (SVB) recipients . . . who receive VA-administered benefits, and to update their SSI/SVB records to reflect the presence of such payments.

The disclosure will also enable SSA to efficiently implement a Medicare outreach program mandated by Section 1144 of Title XI of the Act. Information disclosed by the VA will enable SSA to identify income limits for certain individuals and to determine their potential eligibility for Medicare Savings Programs (MSP) and enable SSA, in turn, to identify these individuals to the States.

Available in text and PDF

69 FR 54339-54340 (September 8, 2004)

Centers for Medicare & Medicaid Services (CMS) Announces Computer Matching Program with Social Security Administration (SSA) and Internal Revenue Service (IRS)

CMS has announced a new computer matching program with SSA and the IRS:

The purpose of this agreement is to establish the conditions under which: a. The Internal Revenue Service (IRS) agrees to disclose return information relating to taxpayer identity to the Social Security Administration (SSA); and b. The SSA agrees to disclose return information relating to employer identity, commingled with taxpayer identity information disclosed by the IRS, to the Centers for Medicare & Medicaid Services (CMS).

These disclosures will provide CMS with information for use in determining the extent to which any Medicare beneficiary is covered under any Group Health Plan (GHP).

Effective Date: "The Matching Program shall become effective no sooner than 40 days after the report of the Matching Program is sent to OMB and Congress, or 30 days after publication in the Federal Register, which ever is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met."

Since this matching program involves the Medicare Secondary Payer Program, Medicare will use this information to insure that it doesn't pay for something covered by a group health plan. This also has implications for Worker's Compensation settlements nationwide.

Available in text and PDF

69 FR 53728-53729 (September 2, 2004)

SSA Announces Renewal of Computer Matching Program with Centers for Medicare & Medicaid Services (CMS)

The Social Security Administration (SSA) renews "an existing computer matching program that SSA is currently conducting with CMS."

The purpose of this matching program is to establish the conditions, safeguards and procedures under which CMS agrees to disclose Medicare non-utilization data to SSA. In some instances, if an individual has not used Medicare benefits for an extended period of time, this may indicate that the individual is deceased. SSA will use the selected data as an indicator of cases that should be reviewed to determine continued eligibility to SSA-administered programs.

Available in text and PDF

69 FR 53128 (August 31, 2004)

SSA Solicits Comments on Prerequisites for Participation in Fee Withholding for Non-Attorney Representatives

"SUMMARY: Section 303 of the Social Security Protection Act of 2004 (SSPA) requires the Commissioner of Social Security (the Commissioner) to develop and implement a 5-year nationwide demonstration project that will extend to certain non-attorney representatives of claimants under titles II and XVI of the Social Security Act (the Act) the option to have approved representatives' fees withheld and paid directly from a beneficiary's past-due benefits. Currently, this option is available only to representatives who are attorneys. "

"Non-attorney representatives who wish to participate in the demonstration project must meet the prerequisites specified in section 303 of the SSPA, and any additional prerequisites that the Commissioner may prescribe. One of the statutory prerequisites is that the individual must pass an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of the Act and the most recent developments in agency and court decisions affecting titles II and XVI of the Act. We are seeking public comments regarding the general topics that should be included in the examination. In addition, we invite your comments on the particular issues described below related to the other statutory prerequisites. Finally, we invite comments on whether individuals who wish to participate in the demonstration project should be required to meet additional prerequisites not specified in section 303 and, if so, what those additional prerequisites might be."

Comments must be received by September 15, 2004.

Available in text and PDF.

69 FR 50431-50432 (August 16, 2004)

SSA Announces Renewal of Computer Matching Program With State/Local Law Enforcement Agencies (SA)

The purpose of the program:

. . . to establish conditions under which SA agree to disclose fugitive felon, parole, or probation violator information to SSA. SSA will use this information to determine eligibility under Title II, Title VIII, and Title XVI of the Social Security Act and to select representative payees.

How it works:

SA will submit names and other identifying information of individuals who are fugitive felons or parole or probation violators. The Master Files of Social Security Number (SSN) Holders and SSN Applications (SSA/OEEAS 60-0058) contains the SSN's and identifying information for all SSN holders. The Master Beneficiary Record (SSA/ORSIS 60-0090) and the Supplemental Security Income Record/ Special Veterans' Benefits (SSA/OEEAS 60-0103) contains beneficiary and payment information. The Master Representative Payee File (60-0222) contains information on individuals acting in a representative payee capacity. SSA will match data from these System of Records with data received from the SAs as a first step in detecting certain fugitive felons or probation or parole violators who should not be receiving RSDI, SSI and/or SVB.

Available in text and PDF.

69 FR 50232-50233 (August 13, 2004)

SSA Proposes New Routine Use to Verify Name, DOB and Last Four Digits of SSN for State Voter Registration Purposes

The Social Security Administration has proposed a new routine use disclosure of SSN information:

The proposed new routine use will allow SSA to verify the name, date of birth and the last four digits of the SSN for state voter registration purposes under section 205(r)(8) of the Social Security Act, as amended by section 303 of the Help America Vote Act (HAVA), Public Law (Pub. L.) 107-252. . . . The proposed routine use will allow SSA to verify the accuracy of information provided by States and territories with respect to applications for voter registration as required by section 205(r)(8) of the Social Security Act.

The new routine use will become effective September 5, 2004 unless SSA receives comments warranting it not to become effective.

Available in text and PDF.

69 FR 47976-47977 (August 6, 2004)

Quarterly Ticket to Work Advisory Panel Meeting Announced

Notice of a quarterly meeting of the Ticket to Work and Work Incentives Advisory Panel (TW&WIAP) was published in today's Federal Register. An excerpt:

"Purpose: In accordance with section 10(a)(2) of the Federal Advisory Committee Act, the Social Security Administration (SSA) announces a meeting of the Ticket to Work and Work Incentives Advisory Panel (the Panel). Section 101(f) of Public Law 106-170 establishes the Panel to advise the President, the Congress, and the Commissioner of SSA on issues related to work incentives programs, planning, and assistance for individuals with disabilities as provided under section 101(f)(2)(A) of the TWWIIA. The Panel is also to advise the Commissioner on matters specified in section 101(f)(2)(B) of that Act, including certain issues related to the Ticket to Work and Self-Sufficiency Program established under section 101(a) of that Act.

Interested parties are invited to attend the meeting. The Panel will use the meeting time to receive briefings, hear presentations, conduct full Panel deliberations on the implementation of TWWIIA, and receive public testimony.

The Panel will meet in person commencing on Tuesday, August 17, 2004 from 9 a.m. to 4 p.m. (standing committee meetings from 4 p.m. to 5:30 p.m.); Wednesday, August 18, 2004 from 9 a.m. to 5 p.m.; and Thursday, August 19, 2004 from 9 a.m. to 1 p.m."

The meeting agenda will be published on the TWWIAP website.

The Social Security Administration (SSA) Publishes Revised Listings for Skin Disorders

The Social Security Administration (SSA) has published revised Listings for skin disorders. The SSA notes the following changes:

1.    Revising the headings of the listings to put them in plain language;
2.    Revising the order of the listings and updating the diagnostic groupings to more logically group skin disorders;
3.    Adding listings for xeroderma pigmentosum and other genetic photosensitivity disorders;
4.    Adding a new listing for burns that do not meet the requirements of listing 1.08;
5.    Providing a more uniform and clearly defined statement of severity required for a listing-level skin disorder;
6.    Expanding the guidance in the introductory text to the listings;
7.    Making nonsubstantive editorial changes to the prior listings and introductory text; and
8.    Adding a skin disorders body system in part B of appendix 1 to provide a set of childhood skin disorder listings.

The listings are effective July 9, 2004.

Available in text and pdf.

69 FR 32260-32272 (June 9, 2004)

Acquiescence Ruling 04-1(9), Howard on behalf of Wolff v. Barnhart, 341 F.3d 1006 (9th Cir.)

SSA has published a Notice of Acquiescence Ruling regarding Howard on behalf of Wolff v. Barnhart, 341 F.3d 1006 (9th Cir. 2003).

Pursuant to Section 1614(a)(3)(I) of the Social Security Act, in making "any determination'' under title XVI of the Act "with respect to the disability of an individual who has not attained the age of 18,'' the Commissioner "shall make reasonable efforts to ensure that a qualified pediatrician or other individual who specializes in a field of medicine appropriate to the disability of the individual "evaluates the case'' of the individual."

The Court of Appeals held that this section requires the ALJ to make reasonable efforts to obtain a case evaluation, based on the record in its entirety, from a pediatrician or other appropriate specialist, rather than simply evaluating the evidence in the case record on his or her own.

SSA notes that this interpretation is at odds with their understanding with the meaning of the word "determination":

Our regulations make clear that section 1614(a)(3)(I) of the Act, 42 U.S.C. 1382c(a)(3)(I), applies only to determinations made by a State agency and not to decisions made by ALJs or AAJs (when the Appeals Council makes a decision). The words "determination'' and ``decision'' are terms of art in our program, defined in our regulations at 20 C.F.R. 416.1401. This regulation explains that the word "determination'' means the initial determination or reconsidered determination, while the term "decision'' means the decision made by the ALJ or the Appeals Council. Our regulations that implement section 1614(a)(3)(I) of the Act maintain this distinction . . . "

AR 04-1(9) applies only to ALJ and AC decisions in the Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, Washington).

It is effective April 26, 2004.

Available in text and pdf.

69 FR 22578-22580 (April 26, 2004)

Social Security Administration Issues Notice of Changes to Its System of Records

The Social Security Administration has published a notice regarding proposed changes to its systems of records and an addition. An excerpt follows:

The proposed alterations will result in the following changes to the system of records:

(1) Expansion of the categories of individuals covered by the system to include individuals who may be eligible for transitional assistance under the Medicare Prescription Drug Discount Card Program and premium and cost-sharing subsidies under the Prescription Drug Card Part D Program;

(2) Expansion of the purposes for which SSA uses information maintained in the system; and

(3) A proposed new routine use disclosure providing for the release of information to the Centers for Medicare & Medicaid Services in the Department of Health and Human Services.

The proposed changes become effective April 28, 2004 unless SSA receives comments that "would result in a contrary determination."

Available in text and pdf.

69 FR 17019-17023 (March 31, 2004)

SSA Notice: Information Technology Support Staff Established Within the ODISP

The Social Security Administration (SSA) has amended Chapter TA of Part T of the Statement of Organization, Functions and Delegations of Authority to reflect the establishment of the IT support staff:

The Information Technology Support Staff (TAX) provides expert advice and support to the Deputy Commissioner and Assistant Deputy Commissioner on the technology that supports Agency-level projects and initiatives that impact the Agency's policymaking processes. It provides user support to all its ODISP [Office of Disability and Income Security Programs] components. It directs all systems activities supporting the Agency's electronic programmatic instructional system.

Available in text and PDF.

69 FR 6714-6715 (February 11, 2004)

SSA Proposes to Disclose Citizenship Status and SSN Data to DOD

To determine if military personnel may qualify for expedited naturalization or citizenship procedures, SSA proposes to establish a new routine use disclosure of records to the Department of Defense:

The proposed routine use will allow SSA to disclose citizenship status data, in addition to validated SSN information, to assist the Department of Defense (DOD) in identifying those military enrollees and members of the Armed Forces who are aliens or noncitizen nationals that may qualify for expedited naturalization or citizenship processing. We invite public comment on this proposal.

The proposed routine use will become effective February 11, 2004 unless otherwise determined by SSA.

69 FR 1317-1318 (Jan. 8, 2004)   Text and PDF

Comment Period Extended re Proposed Rules re Reinstatement of Disability Benefits & Notice re Attorney's User Fee

SSA has extended the comment period on proposed rules for reinstatement of entitlement to disability benefits that have been terminated due to work activity:

The Social Security Administration published a notice of proposed rulemaking in the Federal Register on October 27, 2003 (68 FR 61162), proposing rules regarding the expedited reinstatement provision in section 112 of the Ticket to Work and Work Incentives Improvement Act of 1999 (Pub. L. 106-170).

This document extends, to January 16, 2004, the comment period for that notice of proposed rulemaking. If you have already provided comments on the proposed rules, your comments will be considered and you do not need to re-submit them.

69 FR 307 (Jan. 5, 2004)   Text and PDF

SSA has also published a notice regarding the attorney fee assessment rate. (This is the "user fee" that SSA imposes to calculate 25% of the underpayment to claimants for disability benefits.) No surprises here:

The Commissioner of Social Security has determined, based on the best available data, that the current rate of 6.3 percent will continue for 2004. We will continue to review our costs on a yearly basis.

69 FR 387 (Jan. 5, 2004)  Text and PDF

SSA Extends Prototype Process Testing to September 30, 2005

SSA announced in today's Federal Register that it intends to extend tests involving the modification of disability determination procedures:

We have decided to extend selection of cases for two features of the prototype process (single decisionmaker and elimination of the reconsideration step), and the separate test of single decisionmaker beyond December 31, 2003. We expect that our selection of cases for these tests will end on or before September 30, 2005.

Read the notice in text or pdf format.

Addendum:   The prototype is being tested in 10 states:   AK, AL, CA (LA north and west), CO, LA, MI, MO, NH, NY (Albany and Brooklyn), and PA.   (December 12, 2003)

SSA Cost of Living & Other Adjustments

SSA announces cost of living increases for Social Security benefits, SSI benefits, as well as other program figures.

Available in text and pdf formats.

68 FR 60437-60442 (October 22, 2003)

Revised listing for Lou Gehrig's Disease (ALS)

SSA has revised the listing for Amyotrophic Lateral Sclerosis (ALS) (text and pdf):

"For the reasons we explain below, we are revising listing 11.10, our listing for ALS, in our neurological body system listings. The new listing provides that we will find you disabled if you have medical evidence that shows that you have ALS. Because of this change, we are also making two additional changes:

• We are adding a new section 11.00G to the introductory material to the neurological listings to provide information about ALS and the evidence we need so that we can evaluate ALS under the new listing.
• We are amending Sec. 416.934 of our regulations to include ALS on the list of "specific impairment categories'' our field offices and State agencies use to make findings of presumptive disability under the Supplemental Security Income (SSI) program. This change will allow us to make findings of presumptive disability in claims involving allegations of ALS, without obtaining any medical evidence."

With this change, many claimants will be able to qualify for Medicare sooner, especially in light of the elimination in 2000 of the 24 month waiting period for Medicare eligibility.