[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Notices]
[Page 10584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1873]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Ruling 00-2(7)

AGENCY: Social Security Administration.

ACTION: Notice of Rescission of Social Security Acquiescence Ruling 
(AR) 00-2(7)--Hickman v. Apfel, 187 F.3d 683 (7th Cir. 1999).

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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 00-2(7).

DATES: Effective Date: The rescission of this AR will be effective on 
March 30, 2006.

FOR FURTHER INFORMATION CONTACT: Gary Sargent, Office of the General 
Counsel, Social Security Administration, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 965-1695 or TTY (410) 966-5609.

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 May 3, 2000, we published AR 00-2(7) (65 FR 25783) to reflect 
the holding in Hickman v. Apfel, 187 F.3d 683 (7th Cir. 1999). In 
Hickman, the United States Court of Appeals for the Seventh Circuit 
held that, when deciding whether an individual's impairment(s) is 
medically equal to a listed impairment, the decision must be made based 
on medical evidence alone. Additionally, the court limited the 
definition of medical evidence to evidence from medical sources. The 
court interpreted 20 CFR 416.926(b) more narrowly than we intended.
    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 404.1526 and 416.926) to clarify our longstanding policy 
that, when deciding whether your impairment(s) is medically equal to a 
listed impairment, the phrase ``medical evidence'' includes not just 
findings reported by medical sources but other information about your 
medical condition(s) and its effects, including your own description of 
your impairment(s).
    Because the changes in the regulations clarify our policy that was 
the subject of the Hickman AR, we are rescinding AR 00-2(7) 
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 rules (see 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: December 12, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
[FR Doc. 06-1873 Filed 2-28-06; 8:45 am]
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