[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Notices]
[Page 20239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9323]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Rulings 93-3(6), 93-
4(2) and 93-5(11)

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Acquiescence Rulings 
93-3(6)--Akers v.Secretary of Health and Human Services, 966 F.2d 205 
(6th Cir. 1992); 93-4(2)--Condon and Brodner v.Bowen, 853 F.2d 66 (2d 
Cir. 1988); 93-5(11)--Shoemaker v.Bowen, 853 F.2 858 (11th Cir. 1988)

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SUMMARY: In accordance with 20 CFR 404.985(e), 416.1485(e) and 
402.35(b)(2), the Commissioner of Social Security gives notice of the 
rescission of Social Security Acquiescence Rulings 93-3(6), 93-4(2) and 
93-5(11).

EFFECTIVE DATE: April 14, 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)(3) and 416.1485(e)(3), a Social 
Security Acquiescence Ruling may be rescinded as obsolete if a Federal 
law is enacted that removes the basis for the holding in a decision of 
a circuit court that was the subject of an Acquiescence Ruling.
    On July 29, 1993, we issued Acquiescence Rulings 93-3(6), 93-4(2) 
and 93-5(11) to reflect the holdings in Akers v.Secretary of Health and 
Human Services, 966 F.2d 205 (6th Cir. 1992),Condon and Brodner 
v.Bowen, 853 F.2d 66 (2d Cir. 1988), andShoemaker v.Bowen, 853 F.2d 858 
(11th Cir. 1988), that continued benefits and ``interim benefits'' paid 
to claimants pursuant to section 2(e) of the Social Security Disability 
Benefits Reform Act of 1984 or section 223(g) of the Social Security 
Act (the Act) are ``past-due benefits'' for purposes of awarding 
attorney fees under section 206(b)(1) of the Act.
    On August 15, 1994, the Social Security Independence and Program 
Improvements Act of 1994 \1\ was enacted which specifically provided in 
its technical and clerical amendments in title III, section 
321(f)(3)(B) that the term ``past-due benefits'' excludes benefits 
continued under section 223(g) or (h) of the Act. The effective date of 
this amendment was 180 days later.
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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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    Because the change in law did not adopt the Akers, Condon and 
Brodner, and Shoemaker courts' holdings and specifically excluded 
continued benefits from the definition of ``past-due benefits,'' we are 
rescinding Acquiescence Rulings 93-3(6), 93-4(2) and 93-5(11).
    (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. 00-9323 Filed 4-13-00; 8:45 am]
BILLING CODE 4191-02-F