[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Notices]
[Pages 5434-5437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3070]
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SOCIAL SECURITY ADMINISTRATION
Published Social Security Acquiescence Rulings
AGENCY: Social Security Administration.
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 January 11, 1990, through December 31, 1995. In addition, we have
included Federal Register references for three prior notices of
cumulative listings of ARs. The purpose of this notice is to assist
individuals in finding ARs.
FOR FURTHER INFORMATION CONTACT:
Gary Sargent, Litigation Staff, Social Security Administration, 6401
Security Boulevard, Baltimore, MD 21235, (410) 965-1695.
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
[[Page 5435]]
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 January 11,
1990, through December 31, 1995. 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. 96.001 Social
Security-Disability Insurance; 96.002 Social Security-Retirement
Insurance; 96.004 Social Security-Survivors Insurance; 96.005
Special Benefits for Disabled Coal Miners; 96.006 Supplemental
Security Income.)
Dated: February 6, 1996.
Walter H. Burton, Jr.
Social Security Administration
Published Social Security Acquiescence Rulings
Published cumulative lists of ARs relating to claims under title II
and title XVI of the Social Security Act and part B of the Black Lung
Benefits Act were issued for ARs published prior to January 11, 1990.
1. The first notice announcing 14 ARs, issued during the period
from January 23, 1986, through April 30, 1986, was published in the
Federal Register on June 4, 1986 (51 FR 20354).
2. A second notice announcing 12 additional ARs, issued during the
period from May 20, 1986, through March 31, 1987, was published in the
Federal Register on August 7, 1987 (52 FR 29941).
3. A third notice announcing 11 more ARs, issued during the period
from May 1, 1987, through November 14, 1988, the withdrawal of one AR
which was issued earlier, and the withdrawal of one of the ARs issued
during this period was published in the Federal Register on July 10,
1990 (55 FR 28302).
This notice lists ARs published in the Federal Register including
the period from January 11, 1990, through December 31, 1995. 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 five ARs issued during this period, and the
outright rescission of 12 ARs issued earlier. One AR published during
this period was revised. 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.
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 860918R(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. Rescinded--See section on
Rescissions in this notice.
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.
[[Page 5436]]
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)--Judicial 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 (2d 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 Keller 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. Rescinded--See section
on Rescissions in this notice.
AR 94-1(10) Wolfe v. Sullivan, 988 F.2d 1025 (10th Cir. 1993)--
Contributions To Support re: Posthumous Illegitimate Child--Title II of
the Social Security Act.
Published: June 27, 1994, at 59 FR 33003.
AR 94-2(4) Lively v. Secretary of Health and Human Services, 820
F.2d 1391 (4th Cir. 1987)--Effect of Prior Disability Findings on
Adjudication of a Subsequent Disability Claim Arising Under the Same
Title of the Social Security Act--Titles II and XVI of the Social
Security Act.
Published: July 7, 1994, at 59 FR 34849.
AR 95-1(6) Preslar v. Secretary of Health and Human Services, 14
F.3d 1107 (6th Cir. 1994)--Definition of Highly Marketable Skills for
Individuals Close to Retirement Age--Titles II and XVI of the Social
Security Act.
Published: May 4, 1995, at 60 FR 22091.
AR 95-2(9) Hodge v. Shalala, 27 F.3d 430 (9th Cir. 1994)--Workers'
Compensation--Proration of a Lump-Sum Award for Permanent Disability
Over the Remainder of an Individual's Working Life Under Oregon
Workers' Compensation Law--Title II of the Social Security Act.
Published: July 12, 1995, at 60 FR 35987.
Rescissions Without Replacement ARs
AR 86-1(9) Summy v. Schweiker, 688 F.2d 1233 (9th Cir. 1982)--Third
party payments for medical care or services--Title XVI of the Social
Security Act.
Notice of Rescission Published: July 5, 1994, at 59 FR 34444.
AR 86-6(3) Aubrey v. Richardson, 462 F.2d 782 (3d Cir. 1972);
Shelnutt v. Heckler, 723 F.2d 1131 (3d Cir. 1983)--Interpretation of
the Secretary's Regulation Regarding Presumption of Death.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-7(5) Autrey v. Harris, 639 F.2d 1233 (5th Cir. 1981); Wages
v. Schweiker, 659 F.2d 59 (5th Cir. 1981)--Interpretation of the
Secretary's Regulation Regarding Presumption of Death.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-8(6) Johnson v. Califano, 607 F.2d 1178 (6th Cir. 1979)--
Interpretation of the Secretary's Regulation Regarding Presumption of
Death.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-9(9) Secretary of Health, Education and Welfare v. Meza, 386
F.2d 389 (9th Cir. 1966); Gardner v. Wilcox, 370 F.2d 492 (9th Cir.
1966)--Interpretation of the Secretary's Regulation Regarding
Presumption of Death.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-10(10) Edwards v. Califano, 619 F.2d 865 (10th Cir. 1980)--
Interpretation of the Secretary's Regulation Regarding Presumption of
Death.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-11(11) Autrey v. Harris, 639 F.2d 1233 (5th Cir. 1981)--
Interpretation of the Secretary's Regulation Regarding Presumption of
Death.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 87-1(6) Webb v. Richardson, 472 F.2d 529 (6th Cir. 1972)--
Attorneys' Fees - Single Fee, Not to Exceed 25 Percent of Past-Due
Benefits, Set by Tribunal Which Ultimately Upholds the Claim.
Notice of Rescission Published: March 3, 1995, at 60 FR 11977.
AR 87-3(9) Hart v. Bowen, 799 F.2d 567 (9th Cir. 1986)--Current
Market
[[Page 5437]]
Value of an Installment Sales Contract as an Excess Resource.
Notice of Rescission Published: February 9, 1995, at 60 FR 7782.
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 88-5(1) McCuin v. Secretary of Health and Human Services, 817
F.2d 161 (1st Cir. 1987)--Reopening by the Appeals Council of Decisions
of Administrative Law Judges under Titles II and XVI of the Social
Security Act.
Notice of Rescission Published: February 23, 1994, at 59 FR 8650.
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 90-1(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.
Notice of Rescission Published: November 17, 1994, at 59 FR 59416.
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.
AR 93-6(8) Brewster on Behalf of Keller v. Sullivan, 972 F.2d 898
(8th Cir. 1992)--Interpretation of the Secretary's Regulation Regarding
Presumption of Death.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
[FR Doc. 96-3070 Filed 2-9-96; 8:45 am]
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