Disability Law Blog

Social Security Administration Issues Revised Rules Regarding Representatives

From the Summary:

We are revising our regulations to identify additional bases upon which we may bring charges to disqualify an individual from acting as a representative before the Social Security Administration (SSA), and to set forth the conditions under which we will reinstate an individual whom we have disqualified as a representative because the individual collected or received, and retains, a fee in excess of the amount we authorized. These final rules revise our regulations on the representation of parties to implement section 205 of the Social Security Protection Act of 2004 (SSPA) and to make additional changes in these regulations that relate to the changes required by this legislation. The rules also make technical changes in our regulations on the representation of parties.

The new rules are effective February 17, 2006.

Available in text and PDF

71 Fed.Reg. 2871-2879 (January 18, 2006)

Social Security Administration Issues Revised Cardiac Listings

The Social Security Administration has issued a 29-page revised listing for cardiovascular impairments:

We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving cardiovascular impairments. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The revisions reflect advances in medical knowledge, treatment, and methods of evaluating cardiovascular mpairments.

The new listing is effective April 13, 2006.

Available in text and PDF.

71 Fed.Reg. 2311-2340 (January 13, 2006)

SSA Notice Notice Announcing Addresses for Service of Process

In the post below, SSA announced new rules for issuing summonses and complaints.  In this notice, the OGC names/addresses are listed:

Under the new rules, summonses and complaints in these types of cases should be mailed directly to the office in SSA's Office of the General Counsel (OGC) that is responsible for the processing and handling of litigation in the particular urisdiction in which the complaint has been filed. The names and current addresses of those offices, and the jurisdictions for which they are currently responsible, are detailed in this Notice.

Available in text and PDF.

70 Fed.Reg. 73320-73323 (December 9, 2005)

SSA Revises Service of Process Rules

From the Summary:

We are amending our rules regarding service of legal process in lawsuits involving judicial review of Agency final decisions on individual claims for benefits under titles II, VIII, and/or XVI of the Social Security Act (Act). Under the current rules, summonses and complaints in these types of cases are required to be sent to the Social Security Administration (SSA), Office of the General Counsel (OGC) in Baltimore, Maryland. These final rules provide that summonses and complaints in these types of cases shall be mailed directly to the OGC office that is responsible for the processing and handling of litigation in the particular jurisdiction in which the complaint has been filed.

The regulations are effective December 9, 2005.

Available in text and PDF

70 Fed.Reg. 73135-73136 (December 9, 2005)

SSA Issues Final Rules

"We are issuing these final rules to reflect in our regulations changes to the Social Security Act (the Act) made by two provisions in the Social Security Protection Act of 2004 (SSPA), enacted on March 2, 2004. One provision added a new situation in which the 9-month duration-of-marriage requirement for surviving spouses under title II of the Act is deemed to have been met. The other provision removed a restriction against payment of Supplemental Security Income (SSI) benefits, under title XVI of the Act, to certain blind or disabled children who were not eligible for SSI benefits the month before their "

The new regulations are effective October 24, 2005.

Available in text and PDF.

70 FR 61364-61366 (October 24, 2005)

SSA Issues New Rules for Expedited Reinstatement of Disability Benefits

The Social Security Administration has published a final rule regarding expedited reinstatement of Title II and Title XVI benefits to implement provisions in the Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIP):

. . . the purpose of section 112 of the [TWWIIP] (the expedited reinstatement provision) was to encourage disability beneficiaries to return to work by reassuring them that if they meet our disability standards their benefits would be restored in a timely fashion should they become unable to continue working.

The expedited reinstatement provision provides a method for you to have your disability benefits reinstated without filing an application if you have had your entitlement to, or eligibility for, benefits terminated due to your work activity during the previous 5 years, and you can no longer do substantial gainful activity.

The new rules for expedited reinstatement are now found in 20 C.F.R. §§ 404.1592b through 404.1592f and 20 C.F.R. §§ 416.999 through 416.999d.

Available in text and PDF.

70 CFR 57132-57146 (September 30, 2005)

SSA Announces Technical Corrections to Conform to SSPA

"We are issuing these final rules to reflect in our regulations four self-implementing provisions in the Social Security Protection Act of 2004 (SSPA). One provision adds two States (Kentucky and Louisiana) to a list of States that are permitted to divide public employee retirement systems based on whether the State and/or local employees in positions under the systems want Social Security and/or Medicare coverage or not. The other three provisions make technical corrections to the Social Security Act (the Act) and the Internal Revenue Code (IRC) regarding various Social Security coverage issues."

Among other things, these rules include a clarification about net earnings from self-employment for folks in community property states:

"Section 425 of the SSPA, also effective upon enactment, clarifies that, for purposes of the definitions of net earnings from self-employment under section 211(a)(5)(A) of the Act and section 1402(a)(5)(A) of the IRC, non-partnership income from a trade or business which is community income under the laws of a community property State is treated as the gross income and deductions of the spouse carrying on the relevant trade or business. If the spouses operate the trade or business jointly, such self-employment income is
treated as the gross income and deductions of each spouse on the basis of his or her respective share of the gross income and deductions. We are revising our regulations as explained below to conform to the statutory changes."

The rules are effective July 21, 2005.

Available in text and PDF.

70 FR 41954-41956 (July 21, 2005)

SSA Announces Technical Revisions to SSI Regulations on Income and Resources

"We are amending our SSI regulations by making technical revisions to our rules on income and resources based on the Social Security Protection Act (SSPA) of 2004 and several ther statutory changes. These technical revisions update lists of exclusions from income and resources under the SSI program and make additional technical corrections."

The new rules are effective July 18, 2005.

Availabe in text and PDF

70 FR 41135-41139 (July 18, 2005)

SSA Issues Revised Listings for Genitourinary Impairments

"We are revising these listings to update our medical criteria for evaluating genitourinary impairments and to provide more information about how we evaluate such impairments. We last published final rules comprehensively revising the listings for the genitourinary system in the Federal Register on December 6, 1985 (50 FR 50068). Because we have not comprehensively revised the listings for this body system since 1985, we believe that we need to revise and update these rules."

The new rules are effective September 6, 2005.

Available in text and PDF

70 FR 38582-38593 (July 5, 2005)

Final Rule Issued Re Nonpayment of Benefits When Insured Person is Deported

The Social Security Administration issued a Final Rule regarding nonpayment of benefits when an insured person is deported or removed from the United States:

To implement part of the Social Security Protection Act of 2004 (SSPA), we are revising our regulations that prohibit payment of monthly benefits and the lump sum death payment under title II of the Social Security Act (the Act) when SSA receives notice that an insured person is deported or removed from the United States under certain provisions of the Immigration and Nationality Act (INA).

Effective March 31, 2005.

Available in text and PDF.

70 FR 16409-16411 (March 31, 2005)

SSA Issues Final Rules Revising Income and Resource Regulations in SSI Program

In order to make them less cumbersome to administer and easier for the public to understand, the Social Security Administration (SSA) has issued final rules that revise regulations affecting income and resources in the Supplemental Security Income (SSI) program:

First, we are eliminating clothing from the definition of income and from the definition of in-kind support and maintenance. As a result, we generally will not count gifts of clothing as income when we decide whether a person can receive SSI benefits or when we compute the amount of the benefits. Second, we are changing our resource-counting rules in the SSI program by eliminating the dollar value limit for the exclusion of household goods and personal effects. As a result, we will not count household goods and personal effects as resources when we decide whether a person can receive SSI benefits. Third, we are changing our rules for excluding an automobile in determining the resources of an SSI applicant or recipient. We will exclude one automobile (the "first'' automobile) from resources if it is used for transportation for the individual or a member of the individual's household, without consideration of its value.

Available in text and PDF

70 FR 6340-6345 (February 7, 2005)

SSA Issues Final Rules with Request for Comment re Cross-Program Recovery of Overpayments

"To implement part of the Social Security Protection Act of 2004 (SSPA), we are revising our rules on the recovery of overpayments incurred under one of our programs from benefits payable to the overpaid individual under other programs we administer. Provisions of the SSPA expand the authority for cross-program recovery of overpayments made in our various programs. Implementation of these regulatory revisions when they become effective will yield significant program savings."

The new rules are effective January 3, 2005.

The comment period for additional changes since proposed rules were published in August 2004 ends February 2, 2005. Comments can be e-mailed to regulations@ssa.gov.

Available in text and PDF

70 FR 11-17 (January 3, 2005)

SSA Issues Revised Listing for Malignant Neoplastic Diseases

SSA has issued revised medical criteria for evaluating malignant neoplastic diseases:

We are revising and making final the rules we proposed for evaluating malignant neoplastic diseases in the Notice of Proposed Rulemaking (NPRM) published in the Federal Register on November 27, 2001 (66 FR 59306). In that NPRM, we proposed revisions to both the listings for hematological disorders and the listings for malignant neoplastic diseases. We proposed to make revisions to the listings for these two body systems in order to update their medical criteria and to provide more information about how we evaluate disorders in these body systems.

. . . The public comments we received on the NPRM raised significant issues about the proposed listings for some of the hematological disorders, and we have not finished resolving these issues. The public comments did not raise similar issues with respect to the listings for malignant neoplastic diseases. Therefore, we are issuing these final regulations to implement changes to the listings for malignant neoplastic diseases, and we summarize and respond here only to the significant public comments that we received about the proposed changes regarding those diseases.

The new rules are effective December 15, 2004.

Available in text and PDF

69 FR 67017-67038 (November 15, 2004)

SSA Issues Final Rule Allowing ALJs to Issue Wholly Favorable Decisions that Incorporate Findings of Fact and Reasons for Decision Stated During Hearing

The Social Security Administration is revising its ALJ oral decision regulations to make it easier for ALJs to issue wholly favorable decisions expeditiously:

To facilitate greater use of the oral decision procedure when its use is warranted, we are amending our regulations to authorize ALJs to issue wholly favorable, written decisions that incorporate by reference the findings of fact and reasons for the decisions that were orally stated by the ALJ at the hearing. Such written decisions will satisfy the existing regulatory requirement that an ALJ issue a written decision that ``gives the findings of fact and the reasons for the decision.''

The new rules are effective today, October 20, 2004.

The comment period ends December 20, 2004.

Available in text and PDF

69 FR 61594-61597 (October 20, 2004)

Update: JOA over on the Connect board cites Oral Bench Decision procedures in HALLEX. His link didn't work for me. Try this link.

SSA Issues Revised Rules Regarding Representative Payees

The Social Security Administration (SSA) has issued revised "regulations that explain the procedures we follow in determining the need for a representative payee, the procedures we follow in selecting a representative payee, the responsibilities of a representative payee, and restitution of misused benefits under titles II, VIII and XVI of the Social Security Act."

Changes to the rep payee regulations include:

• representative payment procedures for investigating payee applicants


• identifying unsuitable applicants


• making direct payment in some circumstances


• providing advance notice of the determination to make representative payment


• providing affected beneficiaries with the opportunity to appeal determinations


• procedures for making restitution of benefits where a payee has misused a beneficiary's payments
• representative payee policies and procedures for the title VIII (Special Veteran's Benefits) program

The revised regulations are effective November 8, 2004.

Available in text and PDF

69 FR 60223-60240 (October 7, 2004)

SSA Announces New Rules for Assignment of SSNs to Foreign Academic Students

From the Summary:

We are revising our rules for assigning SSNs to foreign academic students in Department of Homeland Security (DHS, which has subsumed most of the various functions of the former Immigration and Naturalization Service or INS) classification status F-1 (referred to throughout this preamble as F-1 students). Specifically, we are requiring additional evidence for F-1 students who are applying for SSNs. Like all other applicants, an F-1 student must provide SSA with evidence of age, identity, immigration status, and work authorization. In addition, unless the F-1 student has an employment authorization document (EAD) from DHS or is authorized by the F-1 student's school for curricular practical training (CPT), the F-1 student must provide evidence that he or she has been authorized by the school to work and has secured employment or a promise of employment before we will assign an SSN.

The rules are effective October 13, 2004.

Available in text and PDF

69 FR 55065-55076 (September 13, 2004)

SSA Announces New Rules re (1) Coverage for Work in the Commonwealth of Northern Mariana Islands and (2) Opt-in Provision for Members of Religious Orders et al

SUMMARY: We are revising several sections of our regulations to reflect that, for purposes of the title II benefit program (title II of the Social Security Act), we consider the Commonwealth of the Northern Mariana Islands (CNMI) to be a part of the United States. The revisions take into account the status of the CNMI under current law and explain the coverage rules for work performed in the CNMI. The revisions also explain that the alien nonpayment provisions, which generally place limits on the payment of title II benefits to aliens (i.e. non-United States citizens or nationals) who are outside the United States, do not apply to aliens in the CNMI. We are also revising our title II rules on coverage for ministers, members of religious orders, or Christian Science practitioners, to reflect a provision in the Ticket to Work and Work Incentives Improvement Act of 1999 that allows a duly ordained, commissioned or licensed minister, a member of a religious order, or a Christian Science practitioner who previously opted not to be covered under Social Security, a two-year window in which to make an irrevocable election to be covered.

The new regulations are effective on September 20, 2004

Available in text and PDF.

69 FR 51533-51566 (August 20, 2004)

SSA Publishes Final Rule Regarding Procedures For Claims Under the Federal Tort Claims Act (FTCA)

Not directly related to Social Security disability law, but interesting nonetheless--the Social Security Administration (SSA) has published a final rule relating to claims filed under the FTCA and the Military Personnel and Civilian Employees Claims Act:

SUMMARY: We are modifying our regulations in part 429 of title 20 in two ways. First, we are establishing a new subpart B in part 429 that prescribes the procedures SSA follows when claims are filed by employees against SSA for personal property damage or loss incident to their service with SSA. . . . Second, we are making several minor clarifications and corrections to our current procedures and practices on claims against the Government for damage to, or loss of, property or personal injury or death that is caused by the negligent or wrongful act or omission of an SSA employee. We have also rewritten the current rules on such claims in plain language.

The new regulations are effective September 10, 2004.

Available in text and PDF.

69 FR 48767-48774 (August 11, 2004)

SSA Revises Rules Re Special Veterans Benefits (SVB)

"SUMMARY: The Social Security Administration published a document in the Federal Register on May 10, 2004 (69 FR 25950), revising our rules dealing with claims for Special Veterans Benefits under title VIII of the Social Security Act. That document incorrectly designated the final four paragraphs in Sec. 408.1003. This document corrects the final regulations by redesignating those paragraphs."

Available in text and PDF.

69 FR 45586 (July 30, 2004)

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)

SSA Issues Final Rules re Interrelationship between Title II and Railroad Retirement Programs

SSA has issues Final Rules regarding the interrelationship of Old-Age, Survivors and Disability Insurance Program With the Railroad Retirement Program:

We are issuing these final rules to conform our regulations to a self-implementing provision in current law that affects benefit coordination between the Railroad Retirement Act and title II of the Social Security Act. The amendments modified a Railroad Retirement Act requirement involving the period of service in the railroad industry needed to satisfy certain annuity eligibility requirements. We refer to that requirement herein as the "vesting requirement.'' For affected persons, this provision established a Railroad Retirement Act vesting requirement of 5 or more years of service, all of which accrue after December 31, 1995, as an alternative to the existing vesting requirement of 10 years of service. As a result of this provision, certain railroad workers who meet the alternative 5-year vesting requirement, and other affected persons, will now receive benefits under the Railroad Retirement Act rather than under title II of the Social Security Act.

The new rules are effective February 6, 2004.

Available in text and PDF.

69 FR 5691-5693 (February 6, 2004)

SSA Issues Final Rule re Filing Applications for Benefits on the Internet

SSA has issued a final rule which revises SSA regulations relating to filing an application for Social Security benefits:

These final regulations . . . explain that we will accept Internet applications completed on our Web site as prescribed applications for filing for Social Security benefits. We have added cross-references to several sections to describe what makes an application a claim for benefits; and we updated the list of related forms with other forms that are currently used in the application process. . . . Our rules state that individuals must either sign the application or have someone who can act on their behalf sign for them. Except in limited situations, individuals must be alive at the time the application is filed.

Claims for Railroad Retirement Benefits and Veterans benefits are also considered claims for Title II Social Security benefits.

69 FR 497-499 (Jan. 6, 2004)   Text and PDF

SSA Publishes Final Rules re Wage Garnishment in Title II/XVI Cases

SSA has published final rules regarding administrative wage garnishment (AWG) for collection of program debts under both Titles II and XVI:

[W]e are making some changes and establishing new regulations on the use of administrative wage garnishment (AWG) to collect such debts when they are past due. AWG is a process whereby we order the debtor's employer to withhold and pay to us up to 15 percent of the debtor's disposable pay every payday until the debt is repaid. The employer is required by law to comply with our AWG order.

The new rules are effective January 22, 2004.

Available in text and pdf formats.

68 FR 74177-74187 (Dec. 23, 2003)

SSA Adopts Final Rule re Using Videoteleconferencing to Conduct Hearings

SSA has published a Final Rule adopting without change the final rules that were published in the Federal Register on February 3, 2003. Those rules
authorize the use of video teleconferencing (VTC) to conduct hearings and give claimants the right to "veto" use of VTC with respect to their testimony. The twist to this Final Rule is that it allows ALJs to schedule expert witness testimony using VTC, even if the claimant objects.

The claimant may state objections to a witness appearing by VTC, just as they may state objections to any aspect of the hearing, and they may object to a witness on the basis of perceived bias or lack of expertise. However, a claimant's objection to a witness appearing by VTC will not prevent use of VTC for the appearance, unless the ALJ determines that the claimant's objection is based on a circumstance that warrants having the witness appear in person.

The rule is effective as of March 5, 2003.

Read the Final Rule in text or PDF formats.

68 FR 69003-69009 (11 December 2003)

Social Security Publishes New Regs re RFC Assessments at Steps 4 and 5

Effective September 25, 2003, these new rules (in text or pdf) clarify that the claimant has the burden of providing evidence to establish RFC at Step 4 and that this RFC will be used at Step 5. Two "special profiles" are included: if a claimant meets either profile, he will be found "unable to adjust to other work" and consequently disabled, without use of the grid rules.

As a result of these rules, two acquiescence rulings--AR 00-4(2) and AR 90-3(4)--have been rescinded. AR 90-3(4) was based on Smith v. Bowen, 837 F.2d 635 (4th Cir. 1987), which held that SSA could not rely on VE testimony at Step 4 in determining a claimant's ability to perform past relevant work.

Rescission of the latter ruling available in text or pdf.

68 FR 51153-51167 (25 September 2003)