[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7658]


[[Page Unknown]]

[Federal Register: March 31, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration

 

Published Social Security Acquiescence Rulings

AGENCY: Social Security Administration, HHS.

ACTION: Notice of published Social Security Acquiescence Rulings.

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SUMMARY: Social Security Acquiescence Rulings (ARs) explain the manner 
in which the Social Security Administration (SSA) applies holdings of 
the United States Courts of Appeals that conflict with SSA's 
interpretation of a provision of the Social Security Act (the Act) or 
regulations when adjudicating claims under title II and title XVI of 
the Act and part B of the Black Lung Benefits Act. This notice lists 
ARs and rescissions of ARs that were published in the Federal Register 
from April 1, 1993 through December 31, 1993. The purpose of this 
notice is to assist individuals in finding ARs.

FOR FURTHER INFORMATION CONTACT: Darlynda Bogle, Litigation Staff, 
Social Security Administration, 6401 Security Boulevard, Baltimore, MD 
21235, telephone (410) 965-4237.

SUPPLEMENTARY INFORMATION: Even though we are not required to do so 
pursuant to 5 U.S.C. 552 (a)(1) and (a)(2), SSA's regulations were 
amended on January 11, 1990, to provide that ARs are to be published in 
their entirety in the Federal Register under authority of the 
Commissioner of Social Security (20 CFR 422.406(b)(2)). An AR explains 
how SSA will apply a holding of a United States Court of Appeals that 
is at variance with SSA's interpretation of the Act or regulations in 
adjudicating claims under title II and title XVI of the Act and part B 
of the Black Lung Benefits Act.
    Although regulations and ARs are published in the Federal Register, 
only the regulations are subsequently published in the Code of Federal 
Regulations (CFR). The CFR is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. Consequently, the 
CFR may not state the circuitwide standard in effect when we have 
determined that the holding in a decision of a United States Court of 
Appeals is at variance with our national interpretation. Therefore, we 
are publishing this listing to assist individuals who need to reference 
ARs in effect as a result of holdings of the United States Courts of 
Appeals.
    If an AR is later rescinded as obsolete, we will publish a notice 
in the Federal Register to that effect, as provided for in 20 CFR 
404.985(e), 410.670c(e), or 416.1485(e). If we decide to relitigate an 
issue covered by an AR, as provided for by 20 CFR 404.985(c), 
410.670c(c), or 416.1485(c), we will publish a notice in the Federal 
Register stating that we will apply our interpretation and not the 
standard expressed in the AR, and explain why we have decided to 
relitigate the issue. In either of these situations, we will include 
the information in notices of published ARs such as this one.
    This notice contains a listing of all ARs published under the 
requirements of 20 CFR 422.406(b)(2) during the period April 1, 1993 
through December 31, 1993. The listing includes the AR number, title, 
publication date and the Federal Register reference number. This notice 
also lists ARs which were rescinded during this period. We anticipate 
publishing a notice each year that will list similar information.

(Catalog of Federal Domestic Assistance Programs Nos. 93.802 Social 
Security-Disability Insurance; 93.803 Social Security-Retirement 
Insurance; 93.805 Social Security-Survivors Insurance; 93.806 
Special Benefits for Disabled Coal Miners; 93.807 Supplemental 
Security Income)
Walter H. Burton, Jr.,
Social Security.

Published Social Security Acquiescence Rulings

    This notice lists ARs published in the Federal Register during the 
period from April 1, 1993 through December 31, 1993. It includes three 
ARs which were issued earlier, rescinded and replaced by revised ARs 
under their original AR number. It also includes the outright 
rescission of three ARs issued during this period, and the outright 
rescission of two ARs issued earlier. Two ARs published during this 
period required correction. The correction notices are also discussed 
in this notice. (The parenthetical number that follows each AR number 
refers to the United States judicial circuit involved.)

Acquiescence Rulings

    AR 86-2R(2) Rosenberg v. Richardson, 538 F.2d 487 (2d Cir. 1976); 
Capitano v. Secretary of HHS, 732 F.2d 1066 (2d Cir. 1984)--Entitlement 
of a Deemed Widow When a Legal Widow is Entitled on the Same Earnings 
Record--Title II of the Social Security Act.
    Published: June 25, 1992, at 57 FR 28527 as AR 86092(2).

    Note: The original AR for the Second Circuit Court of Appeals' 
holding in Rosenberg and Capitano (AR 86-2(2)), issued January 23, 
1986, was rescinded and replaced by this revised AR.

    AR 86-18R(5) Woodson v. Schweiker, 656 F.2d 1169 (5th Cir. 1981)--
Interpretation of the Deemed Marriage Provision--Title II of the Social 
Security Act.
    Published: June 25, 1992, at 57 FR 28529 as AR 860918(5).

    Note: The original AR for the Fifth Circuit Court of Appeals' 
holding in Woodson (AR 86-18(5)), issued May 22, 1986, was rescinded 
and replaced by this revised AR.

    AR 86-19R(11) Woodson v. Schweiker, 656 F.2d 1169 (5th Cir. 1981)--
Interpretation of the Deemed Marriage Provision--Title II of the Social 
Security Act.
    Published: June 25, 1992, at 57 FR 28524.


    Note: The original AR applicable in the Eleventh Circuit for the 
Fifth Circuit Court of Appeals' holding in Woodson (AR 86-19(11)), 
issued May 22, 1986, was rescinded and replaced by this revised AR.

    AR 90-1(9) Paxton v. Secretary of Health and Human Services, 856 
F.2d 1352 (9th Cir. 1988)--Treatment of a Dependent's Portion of an 
Augmented Veterans Benefit Paid Directly To a Veteran--Title XVI of the 
Social Security Act.
    Published: July 16, 1990, at 55 FR 28946.
    AR 90-2(2) Ruppert v. Bowen, 871 F.2d 1172 (2d Cir. 1989)--
Evaluation of a Rental Subsidy as In-Kind Income for Supplemental 
Security Income (SSI) Benefit Calculation Purposes--Title XVI of the 
Social Security Act.
    Published: July 16, 1990, at 55 FR 28947.
    AR 90-3(4) Smith v. Bowen, 837 F.2d 635 (4th Cir. 1987)--Use of 
Vocational Expert or Other Vocational Specialist in Determining Whether 
a Claimant Can Perform Past Relevant Work--Titles II and XVI of the 
Social Security Act.
    Published: July 16, 1990, at 55 FR 28949.
    AR 90-4(4) Culbertson v. Secretary of Health and Human Services, 
859 F.2d 319 (4th Cir. 1988); Young v. Bowen, 858 F.2d 951 (4th Cir. 
1988)--Waiver of Administrative Finality in Proceedings Involving 
Unrepresented Claimants Who Lack the Mental Competence to Request 
Administrative Review--Titles II and XVI of the Social Security Act.
    Published: July 16, 1990, at 55 FR 28943.
    AR 90-5(2) Kier v. Sullivan, 888 F.2d 244 (2d Cir. 1989), reh'g 
denied, January 22, 1990--Assessment of Residual Functional Capacity in 
Disabled Widows' Cases--Title II of the Social Security Act.
    Published: September 18, 1990, at 55 FR 38400. Rescinded--See 
section on Rescissions in this notice.
    AR 90-6(1) Cassas v. Secretary of Health and Human Services, 893 
F.2d 454 (1st Cir. 1990), reh'g denied, April 9, 1990-- Assessment of 
Residual Functional Capacity in Disabled Widows' Cases--Title II of the 
Social Security Act.
    Published: September 18, 1990, at 55 FR 38398. Rescinded--See 
section on Rescissions in this notice.
    AR 90-7(9) Ruff v. Sullivan, 907 F.2d 915 (9th Cir. 1990)-- 
Assessment of Residual Functional Capacity in Disabled Widows' Cases--
Title II of the Social Security Act.
    Published: September 18, 1990, at 55 FR 38402. Rescinded--See 
section on Rescissions in this notice.
    AR 91-1(5) Lidy v. Sullivan, 911 F.2d 1075 (5th Cir. 1990)--Right 
to Subpoena an Examining Physician for Cross-examination Purposes--
Titles II and XVI of the Social Security Act.
    Published: December 31, 1991, at 56 FR 67625 as AR 91-X(5).
    Correction Notice Published: May 1, 1992, at 57 FR 18899--AR number 
changed to 91-1(5).
    AR 92-1(3) Mazza v. Secretary of Health and Human Services, 903 
F.2d 953 (3d Cir. 1990)--Order of Effectuation in Concurrent 
Application Cases (Title II/Title XVI).
    Published: January 10, 1992, at 57 FR 1190 as AR 91-X(3).
    Correction Notice Published: May 1, 1992, at 57 FR 18899--AR number 
changed to 92-1(3).
    AR 92-2(6) Difford v. Secretary of Health and Human Services, 910 
F.2d 1316 (6th Cir. 1990), reh'g denied, February 7, 1991--Scope of 
Review on Appeal in a Medical Cessation of Disability Case--Title II of 
the Social Security Act.
    Published: March 17, 1992, at 57 FR 9262.
    AR 92-3(4) Branham v. Heckler, 775 F.2d 1271 (4th Cir. 1985); 
Flowers v. U.S. Department of Health and Human Services, 904 F.2d 211 
(4th Cir. 1990)--What Constitutes a Significant Work-Related Limitation 
of Function.
    Published: March 10, 1992, at 57 FR 8463.
    AR 92-4(11) Bloodsworth v. Heckler, 703 F.2d 1233 (11th Cir. 
1983)--Judical Review of an Appeals Council Dismissal of a Request for 
Review of an Administrative Law Judge (ALJ) Decision.
    Published: April 8, 1992, at 57 FR 11961.
    AR 92-5(9) Quinlivan v. Sullivan, 916 F.2d 524 (9th Cir. 1990)--
Meaning of the Term ``Against Equity and Good Conscience'' in the Rules 
for Waiver of Recovery of an Overpayment--Titles II and XVI of the 
Social Security Act; Title IV of the Federal Mine Safety and Health Act 
of 1977.
    Published: June 22, 1992, at 57 FR 27783.
    AR 92-6(10) Walker v. Secretary of Health and Human Services, 943 
F.2d 1257 (10th Cir. 1991)--Entitlement to Trial Work Period Before 
Approval of an Award for Benefits and Before 12 Months Have Elapsed 
Since Onset of Disability--Titles II and XVI of the Social Security 
Act.
    Published: September 17, 1992, at 57 FR 43007.
    AR 92-7(9) Gonzalez v. Sullivan, 914 F.2d 1197 (9th Cir. 1990)--
Effect of Initial Determination Notice Language on the Application of 
Administrative Finality--Titles II and XVI of the Social Security Act.
    Published: September 30, 1992, at 57 FR 45061.
    AR 93-1(4) Branham v. Heckler, 775 F.2d 1271 (4th Cir. 1985); 
Flowers v. U.S. Department of Health and Human Services, 904 F.2d 211 
(4th Cir. 1990)--What Constitutes a Significant Work-Related Limitation 
of Function.
    Published: April 29, 1993, at 58 FR 25996.

    Note: The original AR for the Fourth Circuit Court of Appeals' 
holding in Branham and Flowers (AR 92-3(4)), issued March 10, 1992, 
was revised to reflect a regulatory change regarding the IQ Listing 
range. There were no other substantive changes to this AR.

    AR 93-2(2) Conley v. Bowen, 859 F.2d 261 (2d Cir. 1988)--
Determination of Whether an Individual With a Disabling Impairment Has 
Engaged in Substantial Gainful Activity Following a Reentitlement 
Period--Title II of the Social Security Act.

    Published: May 17, 1993, at 58 FR 28887.
    AR 93-3(6) Akers v. Secretary of Health and Human Services, 966 
F.2d 205 (6th Cir. 1992)--Attorney's Fees Based in Part on Continued 
Benefits Paid to Social Security Claimants--Title II of the Social 
Security Act.
    Published: July 29, 1993, at 58 FR 40662.
    AR 93-4(2) Condon and Brodner v. Bowen, 853 F.2d 66 (2nd Cir. 
1988)--Attorney's Fees Based in Part on Continued Benefits Paid to 
Social Security Claimants--Title II of the Social Security Act.
    Published: July 29, 1993, at 58 FR 40663.
    AR 93-5(11) Shoemaker v. Bowen, 853 F.2d 858 (11th Cir. 1988)--
Attorney's Fees Based in part on Continued Benefits Paid to Social 
Security Claimants--Title II of the Social Security Act.
    Published: July 29, 1993, at 58 FR 40665.
    AR 93-6(8) Brewster on Behalf of Kelly v. Sullivan, 972 F.2d 898 
(8th Cir. 1992)--Interpretation of the Secretary's Regulation Regarding 
Presumption of Death--Title II of the Social Security Act.
    Published: August 16, 1993, at 58 FR 43369.

Rescissions Without Replacement ARs

    AR 87-5(3) Velazquez v. Heckler, 802 F.2d 680 (3d Cir. 1986)--
Consideration of Vocational Factors in Past Work Determinations.
    Notice of Rescission Published: July 16, 1990, at 55 FR 28943.
    AR 88-7(5) Hickman v. Bowen, 803 F.2d 1377 (5th Cir. 1986)--
Evaluation of Loans of In-Kind Support and Maintenance for Supplemental 
Security Income Benefit Calculation Purposes.
    Notice of Rescission Published: September 8, 1992, at 57 FR 40918.
    AR 90-5(2) Kier v. Sullivan, 888 F.2d 244 (2d Cir. 1989), reh'g 
denied, January 22, 1990--Assessment of Residual Functional Capacity in 
Disabled Widows' Cases--Title II of the Social Security Act.
    Notice of Rescission Published: May 22, 1991, at 56 FR 23592.
    AR 90-6(1) Cassas v. Secretary of Health and Human Services, 893 
F.2d 454 (1st Cir. 1990), reh'g denied, April 9, 1990--Assessment of 
Residual Functional Capacity in Disabled Widows' Cases--Title II of the 
Social Security Act.
    Notice of Rescission Published: May 22, 1991, at 56 FR 23591.
    AR 90-7(9) Ruff v. Sullivan, 907 F.2d 915 (9th Cir. 1990)--
Assessment of Residual Functional Capacity in Disabled Widows' Cases--
Title II of the Social Security Act.
    Notice of Rescission Published: May 22, 1991, at 56 FR 23592.

[FR Doc. 94-7658 Filed 3-30-94; 8:45 am]
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