[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18144-18145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8357]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Rulings 95-1(6), 99-
2(8) and 99-3(5)

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Acquiescence Rulings 
95-1(6)--Preslar v. Secretary of Health and Human Services, 14 F.3d 
1107 (6th Cir. 1994); 99-2(8)--Kerns v. Apfel, 160 F.3d 464 (8th Cir. 
1998); 99-3(5)--McQueen v. Apfel, 168 F.3d 152 (5th Cir. 1999).

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SUMMARY: In accordance with 20 CFR 402.35(b)(2), 404.985(e) and 
416.1485(e) the Commissioner of Social Security gives notice of the 
rescission of Social Security Acquiescence Rulings 95-1(6), 99-2(8) and 
99-3(5).

EFFECTIVE DATE: The rescission of these Acquiescence Rulings will be 
effective May 8, 2000.

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) and 416.1485(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Security Acquiescence Ruling may be rescinded as obsolete if we 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 May 4, 1995, we issued Acquiescence Ruling 95-1(6) (60 FR 22091) 
to reflect the holding in Preslar v. Secretary of Health and Human 
Services, 14 F.3d 1107 (6th Cir. 1994). On March 11, 1999, we issued 
Acquiescence Ruling 99-2(8) (64 FR 12205) to reflect the holding in 
Kerns v. Apfel, 160 F.3d 464 (8th Cir. 1998). On May 27, 1999, we 
issued Acquiescence Ruling 99-3(5) (64 FR 28853) to reflect the holding 
in McQueen v. Apfel, 168 F.3d 152 (5th Cir. 1999). These circuit court 
holdings interpreted 20 CFR 404.1563(d) to require the Social Security 
Administration (SSA) \1\ to make an additional finding regarding the 
marketability of a claimant's skills in order to determine whether the 
skills of a claimant close to retirement age (age 60-64) are 
transferable to sedentary or light work. These courts held that in the 
absence of a finding by SSA that the skills of such an individual are 
``highly marketable,'' SSA may not conclude that the claimant possesses 
transferable skills and is not disabled.
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    \1\ Under the Social Security Independence and Program 
Improvements Act of 1994, Pub. L. No. 103-296, effective March 31, 
1995, SSA became an independent Agency in the Executive Branch of 
the United States Government and was provided ultimate 
responsibility for administering the Social Security and 
Supplemental Security Income programs under titles II and XVI of the 
Act. Prior to March 31, 1995, the Secretary of Health and Human 
Services had such responsibility.
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    We indicated in each of the Acquiescence Rulings that we intended 
to clarify the regulations at issue in the court decisions, 20 CFR 
404.1563 and 416.963, through the rulemaking process, and that we may 
rescind the Acquiescence Rulings once we revise the regulations. On 
August 4, 1999, we published proposed rules with a notice of proposed 
rulemaking in the Federal Register (64 FR 42310) to clarify the 
regulations that were the subject of the circuit court holdings. We are 
now publishing final rules in this issue of the Federal Register.
    We are publishing this notice of rescission of the Acquiescence 
Rulings concurrently with our publication of final rules which revise 
20 CFR 404.1563 and 416.963. The final rules remove the reference to 
``highly marketable'' skills contained in existing sections 404.1563(d) 
and 416.963(d). The final rules also add new sections 404.1568(d)(4) 
and 416.968(d)(4) to clarify our original intent to apply the standard 
in sections 201.00(f) and 202.00(f) of the medical-vocational 
guidelines (20 CFR part 404, subpart P, appendix 2) to determine 
whether an individual who is age 60-64 and limited to sedentary or 
light work possesses transferable skills and, therefore, is able to 
make an adjustment to other work. The final rules will go into effect 
May 8, 2000.
    Because the final rules eliminate the regulatory provision upon 
which the holdings in Preslar, Kerns and McQueen are based and clarify 
how we evaluate the transferability of skills for older workers, 
including those close to retirement age (age 60-64), we are rescinding 
Acquiescence Rulings 95-1(6), 99-2(8) and 99-3(5). We are

[[Page 18145]]

rescinding these Acquiescence Rulings effective May 8, 2000, the date 
the final rules go into effect. By revising our regulations and 
rescinding these Acquiescence Rulings, we are restoring uniformity to 
our nationwide system of rules in accordance with our commitment to the 
goal of administering our programs through uniform national standards 
as discussed in the preamble to the 1998 acquiescence regulations, 63 
FR 24927 (May 6, 1998).

(Catalog of Federal Domestic Assistance Program 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: March 17, 2000.
Kenneth S. Apfel,
Commissioner of Social Security.
[FR Doc. 00-8357 Filed 4-5-00; 8:45 am]
BILLING CODE 4191-02-U