[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Notices]
[Page 50784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19740]



  Federal Register / Vol. 65, No. 162 / Monday, August 21, 2000 / 
Notices  

[[Page 50784]]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Rulings 92-3(4), 93-
1(4) and 98-2(8)

AGENCY: Social Security Administration.

ACTION:  Notice of Rescission of Social Security Acquiescence Rulings 
92-3(4) and 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) and 98-2(8) Sird v. Chater, 105 F.3d 401 (8th Cir. 
1997)

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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 92-3(4), 93-1(4) and 
98-2(8).

EFFECTIVE DATE: This notice of rescission is effective September 20, 
2000.

FOR FURTHER INFORMATION CONTACT: Wanda D. Mason, Litigation Staff, 
Social Security Administration, 6401 Security Blvd., Baltimore, MD 
21235, (410) 966-5044.

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Security Acquiescence Ruling may be rescinded as obsolete if we 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 March 10, 1992, we published Acquiescence Ruling (AR) 92-3(4) 
\1\ (57 FR 8463) to reflect the holdings in Branham v. Heckler, 775 
F.2d 1271 (4th Cir. 1985) and Flowers v. U.S. Department of Health and 
Human Services, 904 F.2d 211 (4th Cir. 1990). In Branham, the United 
States Court of Appeals for the Fourth Circuit held that when 
evaluating a claimant's impairment under section 12.05C of our Listing 
of Impairments, the claimant's inability to do his or her past relevant 
work established the additional and significant work-related limitation 
of function required by Listing 12.05C. In Flowers, the court applied 
the holding in Branham and stated that a claimant's inability to return 
to his or her past relevant work due to an impairment established a 
work-related limitation of function that met the requirement of Listing 
12.05C. The AR applied to cases in which the claimant resided in 
Maryland, North Carolina, South Carolina, Virginia, and West Virginia 
at the time of the determination or decision at any level of 
administrative review.
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    \1\ On April 29, 1993, AR 93-1(4) was published in the Federal 
Register (58 FR 25996) to reflect a regulatory change that extended 
the IQ listing range in section 12.05C from ``60 to 69'' to ``60 
through 70.'' Several technical revisions also were made by AR 93-
1(4). Since both AR 92-3(4) and AR 93-1(4) have been rendered 
obsolete by the publication of the final rules revising the mental 
disorders listing applicable to adults in part A of the Listing of 
Impairments, both rulings are being rescinded.
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    On February 24, 1998, we published Acquiescence Ruling 98-2(8) (63 
FR 9279) to reflect the holding in Sird v. Chater, 105 F.3d 401 (8th 
Cir. 1997). In Sird, the court applied the holding in Branham and held 
that an impairment that prevents a claimant from performing his or her 
past relevant work constitutes a significant work-related limitation of 
function that meets the requirements of Listing 12.05C. AR 98-2(8) 
applied to cases in which the claimant resided in Arkansas, Iowa, 
Minnesota, Missouri, Nebraska, North Dakota and South Dakota at the 
time of the determination or decision at any level of administrative 
review.
    In this issue of the Federal Register, we are publishing final 
rules that, among other things, revise section 12.00A of our Listings 
and revise Listing 12.05C. The final rules revise section 12.00A to 
state explicitly that when we adjudicate a claim under Listing 12.05C, 
we will assess the degree of functional limitation the additional 
impairment imposes to determine if it significantly limits an 
individual's physical or mental ability to do basic work activities, 
i.e., is a severe impairment as defined in 20 CFR 404.1520(c) and 
416.920(c). We also have revised section 12.00A of the Listings to 
restate our policy that, if the additional impairment does not cause 
limitations that are ``severe'' as defined in 20 CFR 404.1520(c) and 
416.920(c), we will not find that the impairment imposes ``an 
additional and significant work-related limitation of function'' under 
Listing 12.05(c), even if the individual is unable to perform his or 
her past work because of the unique features of that work.
    Accordingly, since the regulations that were the subject of the 
Branham, Flowers and Sird AR's have now been revised, we are rescinding 
AR's 92-3(4), 93-1(4) and 98-2(8) concurrently with the publication of 
the revised regulations. The final rules and this notice of 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.

(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; 96.006--
Supplemental Security Income)

    Dated: April 5, 2000.
Kenneth S. Apfel,
Commissioner of Social Security.
[FR Doc. 00-19740 Filed 8-18-00; 8:45 am]
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