[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Notices]
[Page 51317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21612]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Ruling 00-4(2)

AGENCY: Social Security Administration.

ACTION: Notice of Rescission of Social Security Acquiescence Ruling 
(AR) 00-4(2)--Curry v. Apfel, 209 F.3d 117 (2d Cir. 2000).

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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 00-4(2).

EFFECTIVE DATE: The rescission of this AR is effective on 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 September 11, 2000, we published AR 00-4(2) (65 FR 54879) to 
reflect the holding in Curry v. Apfel, 209 F.3d 117 (2d Cir. 2000). In 
Curry, the United States Court of Appeals for the Second Circuit held 
that, at step five of the sequential evaluation process for determining 
disability, we have the burden of proving that a claimant has the 
residual functional capacity to perform other work which exists in the 
national economy.
    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 404.1512(c) and (g), 416.912(c) and (g), 404.1520(g), 
416.920(g), 404.1545(a)(3) and (5), 416.945(a)(3) and (5), 404.1560(c) 
and 416.960(c)) to clarify our rules about the responsibility that you 
have to provide evidence and the responsibility that we have to develop 
evidence in connection with your claim of disability. When we decide 
your case at step five of the sequential evaluation process, we are 
responsible for providing evidence that demonstrates other work that 
you can do exists in significant numbers in the national economy. 
However, we do not have the burden to prove what your residual 
functional capacity is. The final rules also explain that we use at 
step five the same residual functional capacity assessment that we used 
for determining whether you could do your past relevant work at step 
four of the sequential evaluation process. We explain in the preamble 
to the final rules that these clarifying regulatory amendments are 
consistent with the Supreme Court's decision in Bowen v. Yuckert, 482 
U.S. 137, 146 n.5 (1987).
    Because these changes in our regulations clarify our policy that 
was the subject of the Curry AR, we are rescinding AR 00-4(2) 
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.
    We will continue to apply this AR to your claim if it is 
readjudicated under our acquiescence regulations (20 CFR 404.985(b)(2) 
and 416.1485(b)(2)).

(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; 96.006--
Supplemental Security Income)

    Dated: May 22, 2003.
Jo Anne B. Barnhart,
Commissioner of Social Security.
[FR Doc. 03-21612 Filed 8-25-03; 8:45 am]
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