[Federal Register Volume 65, Number 133 (Tuesday, July 11, 2000)]
[Notices]
[Page 42793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17139]



  Federal Register / Vol. 65, No. 133 / Tuesday, July 11, 2000 / 
Notices  

[[Page 42793]]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Ruling 93-2(2); Conley 
v. Bowen

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Acquiescence Ruling 93-
2(2)--Conley v. Bowen, 859 F.2d 261 (2d Cir. 1988).

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SUMMARY: In accordance with 20 CFR 404.985(e) and 402.35(b)(2), the 
Commissioner of Social Security gives notice of the rescission of 
Social Security Acquiescence Ruling 93-2(2).

EFFECTIVE DATE: August 10, 2000.

FOR FURTHER INFORMATION CONTACT: Gary Sargent, Litigation Staff, Social 
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-
6401, (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Ruling may be rescinded as obsolete if we subsequently clarify, modify 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 May 17, 1993, we published Acquiescence Ruling 93-2(2) to 
reflect the holding in Conley v. Bowen, 859 F.2d 261 (2d Cir. 1988), 
that 20 CFR 404.1592a does not apply to work activity performed by a 
disabled individual after a reentitlement period when determining 
whether that individual has engaged in substantial gainful activity. 
The court held that SSA must evaluate such work activity under 20 CFR 
404.1571 through 404.1576, and consider an average of work and earnings 
performed over a period of months rather than work and earnings 
performed in a single month.
    Concurrent with the rescission of this Ruling, we are publishing 
our final rules amending section 404.1592a of Social Security 
Regulations No. 4 (20 CFR 404.1592a). These amendments will clarify 
that earnings averaging does apply to work and earnings performed 
during and after a reentitlement period when determining whether an 
individual's disability has ceased because of the performance of 
substantial gainful activity. However, we have also clarified this 
regulation to explain that, after an individual's disability has 
already been determined to have ceased, earnings averaging does not 
apply when determining whether an individual has engaged in substantial 
gainful activity for any month during or after a reentitlement period 
because of the performance of substantial gainful activity for purposes 
of determining whether benefits shall be paid for that month.
    Because the changes in the regulations address the Conley court's 
concerns and explain specifically when the rules for averaging work and 
earnings over a period of months apply, we are rescinding Acquiescence 
Ruling 93-2(2). The final rules and this rescission restore 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 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)

    Dated: March 17, 2000.
Kenneth S. Apfel,
Commissioner of Social Security.
[FR Doc. 00-17139 Filed 7-10-00; 8:45 am]
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