[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Notices]
[Pages 36327-36328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17306]



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SOCIAL SECURITY ADMINISTRATION

Rescission of Social Security Acquiescence Rulings 86-6(3), 86-
7(5), 86-8(6), 86-9(9), 86-10(10), 86-11(11) and 93-6(8)

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Acquiescence Rulings 
86-6(3)--Aubrey v. Richardson, 462 F.2d 782 (3d Cir. 1972); Shelnutt v. 
Heckler, 723 F.2d 1131 (3d Cir. 1983); 86-7(5)--Autrey v. Harris, 639 
F.2d 1233 (5th Cir. 1981); Wages v. Schweiker, 659 F.2d 59 (5th Cir. 
1981); 86-8(6)--Johnson v. Califano, 607 F.2d 1178 (6th Cir. 1979); 86-
9(9)--Secretary of Health, Education and Welfare v. Meza, 368 F.2d 389 
(9th Cir. 1966); Gardner v. Wilcox, 370 F.2d 492 (9th Cir. 1966); 86-
10(10)--Edwards v. Califano, 619 F.2d 865 (10th Cir. 1980); 86-11(11)--
Autrey v. Harris, 639 F.2d 1233 (5th Cir. 1981); and 93-6(8)--Brewster 
on Behalf of Keller v. Sullivan, 972 F.2d 898 (8th Cir. 1992).

SUMMARY: In accordance with 20 CFR 404.985(e) and 422.406(b)(2), the 
Commissioner of Social Security gives notice of the rescission of 
Social Security Acquiescence Rulings 86-6(3), 86-7(5), 86-8(6), 86-
9(9), 86-10(10), 86-11(11) and 93-6(8).

EFFECTIVE DATE: July 14, 1995.

FOR FURTHER INFORMATION CONTACT:
Gary Sargent, Litigation Staff, Social Security Administration, 6401 
Security Boulevard, Baltimore, MD 21235, (410) 965-1695.

SUPPLEMENTARY INFORMATION: A Social Security Acquiescence Ruling 
explains how we will apply a holding in a decision of a United States 
Court of Appeals that we determine conflicts with our interpretation of 
a provision of the Social Security Act or regulations when the 
Government has decided not to seek further review of the case or is 
unsuccessful on further review.
    As provided by 20 CFR 404.985(e)(4), a Social Security Acquiescence 
Ruling may be rescinded as obsolete if we subsequently clarify, modify 
or revoke the regulation or ruling that was the subject of the circuit 
court holding for which the Acquiescence Ruling was issued.

    On April 2, 1986, we issued Acquiescence Rulings 86-6(3), 86-7(5), 
86-8(6), 86-9(9), 86-10(10) and 86-11(11) to reflect the respective 
holdings in Aubrey v. Richardson, 462 F.2d 782 (3d Cir. 1972), Shelnutt 
v. Heckler, 723 F.2d 1131 (3d Cir. 1983); Autrey v. Harris, 639 F.2d 
1233 (5th Cir. 1981), Wages v. Schweiker, 659 F.2d 59 (5th Cir. 1981); 
Johnson v. Califano, 607 F.2d 1178 (6th Cir. 1979); Secretary of 
Health, Education and Welfare v. Meza, 368 F.2d 389 (9th Cir. 1966), 
Gardner v. Wilcox, 370 F.2d 492 (9th Cir. 1966); Edwards v. Califano, 
619 F.2d 865 (10th Cir. 1980); Autrey v. Harris, 639 F.2d 1233 (5th 
Cir. 1981). On August 16, 1993, we issued AR 93-6(8) to reflect the 
holding in Brewster on Behalf of Keller v. Sullivan, 972 F.2d 898 (8th 
Cir. 1992). These circuit court holdings provided that, under 
regulation 20 CFR 404.721(b), the presumption of death arises when a 
claimant shows that an individual has been absent from his or her 
residence and not heard from for seven years. Furthermore, the holdings 
provided that, once the claimant has made a showing establishing the 
presumption, the Social Security Administration (SSA)1 has the 
burden of 

[[Page 36328]]
rebutting the presumption of death either by presenting evidence that 
the missing individual is still alive or by providing an explanation to 
account for the individual's absence in a manner consistent with 
continued life rather than death.

    \1\ Under the Social Security Independence and Program 
Improvements Act of 1994, Pub. L. No. 103-296, effective March 31, 
1995, the Social Security Administration (SSA) became an independent 
Agency in the Executive Branch of the United States Government and 
was provided ultimate responsibility for administering the Social 
Security programs under title II of the Act. Prior to March 31, 
1995, the Secretary of Health and Human Services had such 
responsibility.
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    On April 17, 1995, we published our final regulation (60 FR 19163), 
revising section 404.721(b) of Social Security Regulations No. 4 (20 
CFR 404.721(b)), to provide that the presumption of death arises when a 
claimant establishes that an individual has been absent from his or her 
residence and not heard from for seven years. Once the presumption 
arises, the burden then shifts to SSA to rebut the presumption either 
by presenting evidence that the missing individual is still alive or by 
providing an explanation to account for the individual's absence in a 
manner consistent with continued life rather than death.
    Because the change in the regulation adopts the holdings of the 
Third, Fifth, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits on a 
nationwide basis, we are rescinding Acquiescence Rulings 86-6(3), 86-
7(5), 86-8(6), 86-9(9), 86-10(10), 86-11(11) and 93-6(8).

(Catalog of Federal Domestic Assistance Programs Nos. 96.001 Social 
Security - Disability Insurance; 96.002 Social Security - Retirement 
Insurance; 96.004 Social Security - Survivors Insurance.)

    Dated: July 5, 1995.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 95-17306 Filed 7-13-95; 8:45 am]
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