[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18143-18144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8358]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Ruling 88-1(11)

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Acquiescence Ruling 88-
1(11)--Patterson v. Bowen, 799 F.2d 1455 (11th Cir. 1986), reh'g 
denied, (February 12, 1987).

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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 Ruling 88-1(11).

EFFECTIVE DATE: The rescission of the Acquiescence Ruling 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Security Acquiescence Ruling may be rescinded as obsolete if we 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 January 29, 1988, we issued Acquiescence Ruling 88-1(11) to 
reflect the holding in Patterson v. Bowen, 799 F.2d 1455 (11th Cir. 
1986), reh'g denied, (February 12, 1987), regarding the consideration 
of a claimant's age as a vocational factor at the last step of the 
sequential evaluation process for determining disability. Acquiescence 
Ruling 88-1(11), Social Security Rulings (Cumulative Edition 1988, p. 
123). The Eleventh Circuit interpreted 20 CFR 404.1563 and 416.963 to 
permit a claimant to offer evidence of his or her physical or mental 
impairments as proof that his or her ability to adapt to other work in 
terms of age alone is less than the level established under the 
medical-vocational guidelines for claimants of that age. The court held 
that such evidence, which the Social Security Administration (SSA) \1\ 
already considers in assessing a claimant's residual functional 
capacity, is relevant

[[Page 18144]]

to the question of a claimant's ability to adapt to a new work 
environment, and that SSA must reevaluate such evidence when 
considering the effect of age on a claimant's ability to adapt to a new 
work environment.
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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 the Acquiescence Ruling that we intended to clarify 
the regulations at issue in this case through the rulemaking process 
and that the Ruling would continue to apply until such clarification 
was made. On August 4, 1999, we published proposed rules with a notice 
of proposed rulemaking in the Federal Register (64 FR 42310) to clarify 
our regulations on the consideration of age as a vocational factor. We 
are now publishing final rules in this issue of the Federal Register.
    We are publishing this notice of rescission of Acquiescence Ruling 
88-1(11) concurrently with our publication of final rules which revise 
20 CFR 404.1563 and 416.963. The final rules remove the provision 
contained in existing sections 404.1563(a) and 416.963(a) that states, 
in part, that ``Age refers to how old you are * * * and the extent to 
which your age affects your ability to adapt to a new work situation 
and to do work in competition with others.'' The final rules revise 
sections 404.1563(a) and 416.963(a) to state explicitly that ``age'' 
means a claimant's ``chronological age.'' In addition, sections 
404.1563(a) and 416.963(a) of the final rules explain that when we 
determine whether an individual is disabled at the last step of the 
sequential evaluation, we consider the individual's chronological age 
in combination with his or her residual functional capacity, education, 
and work experience to determine whether the individual is able to 
adjust to other work. The final rules will go into effect May 8, 2000.
    Because the final rules clarify the regulations at issue in 
Patterson and explain that ``age'' means a claimant's ``chronological 
age,'' we are rescinding Acquiescence Ruling 88-1(11) effective May 8, 
2000, the date the final rules go into effect. By revising our 
regulations and rescinding the Acquiescence Ruling, 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. 00-8358 Filed 4-5-00; 8:45 am]
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