[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Notices]
[Pages 51317-51318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21611]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Ruling 90-3(4)

AGENCY: Social Security Administration.

ACTION: Notice of Rescission of Social Security Acquiescence Ruling 
(AR) 90-3(4)--Smith v. Bowen, 837 F.2d 635 (4th Cir. 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 AR 90-3(4).

EFFECTIVE DATE: The rescission of this AR will be effective September 
25, 2003.

FOR FURTHER INFORMATION CONTACT: Gary Sargent, Office of Acquiescence 
and Litigation Coordination, Social Security Administration, 6401 
Security Boulevard, Baltimore, MD 21235-6401, (410) 965-1695.

SUPPLEMENTARY INFORMATION: An AR 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 (the Act) or regulations when the Government has decided not to 
seek further review of that decision or is unsuccessful on further 
review.
    As provided by 20 CFR 404.985(e)(4) and 416.1485(e)(4), we may 
rescind an AR 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 July 16, 1990, we published AR 90-3(4) (55 FR 28949) to reflect 
the holding in Smith v. Bowen, 837 F.2d 635 (4th Cir. 1987). In Smith, 
the United States Court of Appeals for the Fourth Circuit held that, 
under 20 CFR 404.1566(e), we could not rely on a vocational expert's 
testimony in determining that an individual can do his or her past 
relevant work at step four of the sequential evaluation process for 
determining disability.
    In this issue of the Federal Register, we are publishing final 
rules, that among other things, amend Social Security Regulations No. 4 
and 16 (20 CFR 404.1560(b) and 416.960(b)) to clarify that we may use 
the services of a vocational expert, vocational specialist or other 
vocational resources at step four of the sequential evaluation process.
    Because the changes in the regulations clarify our policy on using 
vocational expert evidence at step four that was the subject of the 
Smith AR, we are rescinding AR 90-3(4) concurrently with the effective 
date of the final rules. 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, Program Nos. 96.001 Social 
Security--Disability Insurance; 96.002 Social Security--Retirement 
Insurance; 96.004

[[Page 51318]]

Social Security--Survivors Insurance; 96.006--Supplemental Security 
Income)

    Dated: May 22, 2003.
Jo Anne B. Barnhart,
Commissioner of Social Security.
[FR Doc. 03-21611 Filed 8-25-03; 8:45 am]
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