[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Ruling may be rescinded as obsolete if we subsequently clarify, modify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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