[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Rules and Regulations]
[Pages 60819-60823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17181]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA 2006-0083]
RIN 0960-AG19


Continuing Disability Review Failure To Cooperate Process

AGENCY: Social Security Administration.

ACTION: Final rules.

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SUMMARY: We are amending our regulations to provide that we will 
suspend your disability benefits before we make a determination during 
a continuing disability review (CDR) under title II and title XVI of 
the Social Security Act (the Act) when you fail to comply with our 
request for necessary information. Should you remain non-compliant for 
a period of one year following your suspension, we will then terminate 
your disability benefits. Although our current title XVI regulations 
generally provide for the termination of payments after 12 months of 
suspension, we are amending our regulations by adding this policy to 
our title II regulations and by restating it in the title XVI CDR 
regulatory provisions.

DATES: These final rules are effective December 18, 2006.

FOR FURTHER INFORMATION CONTACT: Don Harvey, Social Insurance 
Specialist, Office of Program Development and Research, Social Security 
Administration, 107Altmeyer Building, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, (410) 597-1026 or TTY (410) 966-5609. 
For information on eligibility or filing for benefits, call our 
national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or 
visit our Internet Web site, Social Security Online, at 
www.socialsecurity.gov/.

SUPPLEMENTARY INFORMATION:

Electronic Version

    The electronic file of this document is available on the date of 
publication in the Federal Register at http://www.gpoaccess.gov/fr/index.html.

Statutory Background

    Sections 221(i) and 1614(a)(3)(H)(ii)(I) of the Act and Sec. Sec.  
404.1589, and 416.989 of our regulations require that after we find 
that you are disabled, we evaluate your impairment(s) from time to time 
to determine if you remain disabled. We call this evaluation a 
continuing disability review (CDR). If the medical and other evidence 
shows that you are not disabled under the standards set out in sections 
223(f) and 1614(a)(4) of the Act, we will end the payment of cash 
benefits and terminate your period of disability.
    Section 1614(a)(3)(H)(iii) of the Act and Sec.  416.987 of our 
regulations require that if you are eligible for payments as a child 
under title XVI by reason of disability, we redetermine that 
eligibility during the one-year period beginning on your 18th birthday, 
or, in lieu of a CDR, whenever we determine that your case is subject 
to such a review. We call this evaluation an age-18 redetermination. If 
the medical and other evidence shows that you are not disabled under 
the standards set out in section 1614(a)(3)(A)-(B) of the Act, we will 
end the payment of cash payments and terminate your period of 
disability.
    Sections 223(f) and 1614(a)(4) of the Act provide that, in general, 
if you receive disability benefits under titles II and/or XVI of the 
Act, we may find that you are no longer disabled if substantial 
evidence shows that there has been medical improvement in your 
impairment or combination of impairments, and you are now able to do 
substantial gainful activity. Under title XVI, if you are a child (an 
individual under age 18), substantial evidence must show that there has 
been medical improvement in your impairment or combination of 
impairments, and the impairment(s) must no longer cause marked and 
severe functional limitations. We call this the medical improvement 
review standard (MIRS), and we apply it whenever we do a CDR for an 
adult or a child. The statute also provides, however, for several 
exceptions to the ``medical improvement'' requirement where we will not 
apply the MIRS. One of those exceptions to applying the MIRS is the 
situation where you fail, without good cause, to cooperate with us when 
we do a CDR.

Continuing Disability Review and Age-18 Redetermination Processes Under 
Our Current Regulations

    When we begin a CDR or an age-18 redetermination, we notify you 
that we are reviewing your eligibility for disability benefits and 
explain why we are reviewing your eligibility; what standard will 
apply, either the MIRS in a CDR or the initial claims criteria in an 
age-18 redetermination; that our review could result in the termination 
of your benefits; and that you have the right to submit medical and 
other evidence for us to consider during the CDR or the age-18 
redetermination. Before we determine whether you are still disabled, we 
develop a complete medical history covering at least the 12 months 
preceding the date that you

[[Page 60820]]

complete a report about your continuing disability status. If our 
review shows that we should stop your benefits, we notify you in 
writing and give you the opportunity to appeal. (See Sec. Sec.  
404.1589 and 416.989 of our regulations.) We explain when and how often 
we will do a CDR in Sec. Sec.  404.1590 and 404.1591 of our title II 
regulations and in Sec. Sec.  416.990 and 416.991 of our title XVI 
regulations. We explain when we will do an age-18 redetermination in 
Sec.  416.987 of our title XVI regulations.
    When we do a CDR or age-18 redetermination, Sec. Sec.  
404.1594(e)(2), 416.987(e)(3), 416.994(b)(4)(ii) and 416.994a(f)(2) of 
our regulations set out the general principle that is reflected in 
sections 223(f) and 1614(a)(4) of the Act; i.e., that you have the 
responsibility to cooperate with us, or take any required action that 
we decide is necessary to allow us to complete the CDR or age-18 
redetermination. If you do not cooperate with us, and you do not have 
good cause as defined in Sec. Sec.  404.911 and 416.1411 of our 
regulations for not cooperating, we will find that your disability has 
ended.
    We currently have no provision in our regulations that allows us to 
suspend your benefits under title II of the Act if you fail to 
cooperate with us when we request necessary information during a CDR. 
However, Sec.  416.1322 of our title XVI regulations provides general 
authority that allows us to suspend your payments under title XVI of 
the Act, when you fail to cooperate with our requests for information, 
including during a CDR or age-18 redetermination.
    When we suspend your title XVI payments for such failure to 
cooperate under Sec.  416.1322, we follow Sec.  416.714(b) of our 
regulations, which gives you thirty days from the date of our written 
request to comply with the request for information. We also follow 
Sec.  416.1336 of our regulations, which provides that before we 
suspend, reduce, or terminate your title XVI payments, we will give you 
advance notice of our intent and provide you with appeal rights and 
payment continuation rights pending resolution of the appeal. When we 
terminate your title XVI payments due to continuous suspension of 
payments, we follow Sec.  416.1335 of our regulations, which provides 
that we will terminate your eligibility for payments following 12 
consecutive months of payment suspension.

Why Are We Revising Our Regulations?

    We are continually exploring ways to improve the disability 
process. These revisions will allow us to make our rules consistent for 
all beneficiaries under both titles II and XVI, implement a more 
efficient CDR process, encourage beneficiaries to cooperate during the 
CDR or age-18 redetermination process, and make the process less 
burdensome.
    As a result of the revisions, your failure to cooperate in the CDR 
process will result initially in a suspension rather than a termination 
of benefits based on a determination that you are no longer entitled to 
benefits. To have your benefits resumed, you will only have to contact 
your local Social Security office and provide the requested information 
and you will have up to 12 months to do so. Accordingly, during the 12 
month period, you will not have to file an appeal in order to have your 
benefits resumed. In addition, you will not have to request, prepare 
for, and attend a hearing for your benefits to be resumed.

When Will We Start To Use These Final Rules?

    We will start to use these final rules on their effective date. We 
will continue to use our prior rules until the effective date of these 
final rules. When these final rules become effective, we will apply 
them to CDRs and age-18 redeterminations that we initiate on or after 
the effective date.

What Revisions Are We Making?

    We are revising Sec. Sec.  404.1587 and 404.1596 of our title II 
regulations and adding a new Sec.  416.992 to our title XVI 
regulations. With respect to Sec.  404.1587, we are revising the title 
to reflect that your benefits may be terminated as well as suspended. 
In addition, we are designating the current paragraph as paragraph (a) 
and adding a heading to it. We are also adding new paragraphs (b) and 
(c). Under the new Sec.  404.1587(b), we will suspend your benefits 
during a CDR when you do not cooperate with us by failing, without good 
cause, to comply with our written request for any necessary 
information. If you subsequently give us the information that we 
requested, we will reinstate your benefits and continue with the CDR 
process. We will reinstate your benefits for any previous month for 
which they are otherwise payable.
    The regulatory language in this final rule has been changed from 
the language that appeared in the notice of proposed rulemaking (NPRM), 
(70 FR at 72418). We have reordered the phrases in final Sec.  
404.1587(b) to state that ``we will reinstate your benefits for any 
previous month for which they are otherwise payable, and continue with 
the CDR process.'' This was done in response to a public comment that 
the regulatory language in the proposed rules could be misinterpreted 
to mean that we will not reinstate benefits until we complete the CDR 
process. Accordingly, the phrase was restructured for clarity in Sec.  
404.1587(b) and also in the parallel language in new Sec. Sec.  
404.1596(d) and 416.992.
    Under the new Sec.  404.1587(c), we will terminate your benefits 
following 12 consecutive months of benefit suspension when you fail to 
comply with our written request for any necessary information made 
during a CDR. This termination will be effective with the start of the 
13th month after your benefits were stopped because you failed to 
cooperate. You will have the right to appeal the termination, but you 
will not have benefit continuation rights.
    Under the revised Sec.  404.1596, the title will reflect that your 
benefits may be terminated as well as suspended. We are also removing 
current paragraphs (c)(1) and (c)(2) and adding new paragraphs (d) and 
(e) to explain that we will not make a medical determination when you 
do not cooperate with us by failing to comply with our written request 
for any necessary information. We will suspend your benefits only after 
we give you advance notice as described in Sec.  404.1595. The advance 
notice will tell you what you need to do so that your benefits are not 
suspended as outlined in Sec.  404.1595(b)(3) of our regulations.
    In the new Sec.  404.1596(d), we are adding language to explain 
that if we suspend your benefits because you fail to cooperate and you 
subsequently give us the information that we requested, we will 
reinstate your benefits and continue with the CDR process. We will 
reinstate your benefits for any previous months for which they are 
otherwise payable. As noted above, as a result of a public comment, we 
have reordered the phrases in the final regulation Sec.  404.1596(d) to 
make them consistent with Sec.  404.1587(b).
    With respect to the new Sec.  404.1596(e), we explain that if we 
suspend your benefits because you do not give us the information that 
we need and you fail to respond during the subsequent 12-month period, 
we will terminate your benefits. The termination will be effective with 
the start of the 13th month after your benefits were stopped because 
you failed to cooperate. You will have the right to appeal the 
termination, but you will not have benefit continuation rights.
    We are adding a new Sec.  416.992 to explain that we will suspend 
your payments before we make a determination regarding your continuing 
eligibility for disability payments if you fail to comply with our

[[Page 60821]]

request for information for your CDR or age-18 redetermination. We will 
suspend your payments only after we give you advance notice as 
described in Sec.  416.995. As outlined in Sec.  416.1336 of our 
regulations, the advance notice will tell you what you need to do so 
that your payments are not suspended. If we suspend your payments 
because you fail to cooperate and you subsequently give us the 
information that we requested, we will reinstate your payments and 
continue with the CDR or age-18 redetermination process. We will 
reinstate your payments for any previous month for which they are 
otherwise payable. If we suspend your payments because you do not give 
us the information that we need and you fail to respond during the 
subsequent 12-month period, we will terminate your payments. The 
termination will be effective with the start of the 13th month after 
your payments were stopped because you failed to cooperate. You will 
have the right to appeal the termination, but you will not have payment 
continuation rights.
    In response to a public comment, the regulatory language in this 
final rule has been changed from the language that appeared in the 
proposed rules. We have revised the language in the final regulation 
Sec.  416.992 to reflect that payments will only be suspended if good 
cause has not been established. This is consistent with the language in 
the final regulation Sec.  404.1587(b). We have also reordered the 
phrases in final regulation Sec.  416.992 to make them consistent with 
Sec. Sec.  404.1587(b) and 404.1596(d).

Public Comments

    We published these regulatory provisions in the Federal Register as 
a NPRM on December 5, 2005 (70 FR 72416). We provided the public with a 
60-day comment period. We received comments from 10 individuals and 11 
organizations. Because some of the comments submitted were detailed, we 
have tried to summarize or paraphrase the views presented in these 
comments accurately and to respond to the significant issues raised in 
the comments that were within the scope of the proposed rules.
    Comment: Several commenters stated that they disagreed with the 
proposed rule changes because of the potential for problems with the 
delivery of mail. The commenters said that we should be mindful of the 
widespread deficiencies in mail delivery.
    Response: We will exhaust all efforts to locate the beneficiary/
payee and follow-up on all requests for information before deciding to 
suspend benefits. To ensure that we have made every reasonable effort 
to contact the beneficiary/payee, we will attempt to secure the most 
current address from the Post Office, financial institutions, etc. If 
we suspend an individual's benefits he or she will only have to contact 
his or her local Social Security office and provide the requested 
information within the 12 month period to have his or her benefits 
resumed.
    Comment: Along the same lines, one commenter related an incident in 
which her benefits had been terminated because the Postal Service was 
unable to locate her, despite residing at the same address for 13 
years. The commenter suggested that all correspondences relating to 
requests for information should be sent via certified mail.
    Response: We did not need to make any changes in these final rules 
as a result of this comment. If a beneficiary fails to respond to our 
initial notice, our procedures require that we send a certified letter 
to a beneficiary's address of record prior to initiating a suspension 
action.
    Comment: One commenter expressed a view that individuals who have 
developmental or mental health diagnoses may not be able to read and 
understand the information that we send to them. The commenter said 
that this proposal may impose a hardship on these individuals and go 
against the intent of the Act.
    Response: In all situations, we are sensitive to circumstances in 
which an individual, including those individuals who have developmental 
or mental health diagnoses, may require assistance to comply with our 
requests. We will consider the individual's impairment and use all 
available resources to obtain needed information, and if necessary, 
determine whether a representative payee or change of representative 
payee is needed.
    Comment: Several commenters stated that they did not support our 
proposed rule changes because of the potential for misunderstandings 
about information being requested and vaguely worded notices. The 
commenters also stated that they did not support our proposed rule 
changes because of the potential for representative payees not 
fulfilling their reporting responsibilities. The commenters urged us to 
ensure that policies are in place to make certain that individuals 
continue to receive the benefits to which they are entitled prior to 
implementation of these final regulations.
    Response: As we stated above, we are sensitive to situations in 
which an individual may require assistance to comply with our requests. 
When appropriate, we will consider the beneficiary's capability and/or 
consider the need for a new payee. Before suspending benefits, we will 
send a notice that clearly explains that benefits will be suspended if 
the beneficiary/payee does not provide the necessary information. If we 
suspend an individual's benefits he or she will only have to contact 
his or her local Social Security office and provide the requested 
information within the 12 month period to have his or her benefits 
resumed.
    Comment: One commenter recommended that we send requests for 
information to the representative payee, an automatic reinstatement 
provision be provided when the beneficiary/payee provides the necessary 
information, and include a place on the form for the individual to 
state they do not understand a question or need assistance in filling 
out the form.
    Response: These final rules do not change our regulations on the 
use of representative payees. If a beneficiary has a representative 
payee, it is our policy to send all notices to the payee. Additionally, 
as soon as the beneficiary/payee provides the requested information, 
benefits will be reinstated, including any previous month for which 
they are otherwise payable. The beneficiary/payee will not have to 
request that benefits be reinstated. The form that an individual must 
complete during a CDR includes a remarks section where the individual 
can indicate that he or she does not understand a question or needs 
assistance completing the form. In addition, the letter that advises 
the individual that a CDR is being done also advises the individual 
that he or she may contact us at any time if he or she has any 
questions or requires assistance.
    Comment: One commenter applauded our decision to suspend rather 
than terminate benefits when a beneficiary fails to cooperate during a 
CDR and urged that we continue the existing policy that benefits be 
continued when despite a lack of cooperation the evidence establishes 
continued eligibility.
    Response: We are not changing our existing policy that benefits be 
continued when despite a lack of cooperation, evidence establishes 
continued eligibility.
    Comment: Several commenters stated that the proposed language of 
Sec. Sec.  404.1587, 404.1596 and 416.992, ``we will continue with the 
CDR process and reinstate your benefits for any month for which they 
are otherwise payable'' should be reordered to make clear that benefits 
will be restored immediately

[[Page 60822]]

upon the individual's cooperation with us. The commenters further 
stated that the ``without good cause'' language that appeared in 
Sec. Sec.  404.1587 and 404.1596 in the proposed rules did not appear 
in the regulatory language in Sec.  416.992 in the proposed rules and 
should be corrected in the final regulations. The commenters also 
suggested that the regulations should spell out what constitutes ``good 
cause'' in the situation where a person fails to cooperate with a CDR 
or an age-18 redetermination.
    Response: We agree that the order of the language that appeared in 
the regulatory section of the proposed rules might be misread. We have 
reordered the phrases in Sec. Sec.  404.1587, 404.1596, and 416.992 by 
changing the language to state that ``when we have received the 
information, we will reinstate your benefits for any previous month for 
which they are otherwise payable, and continue with the CDR process.'' 
Also, we have rewritten Sec.  416.992 to include the reference to the 
regulatory language ``without good cause'' to make it consistent with 
Sec. Sec.  404.1587 and 404.1596, since it was inadvertently omitted. 
For clarity when referring to ``good cause,'' we are adding a 
parenthetical to the final rules referencing the ``good cause'' 
citations (Sec. Sec.  404.911 and 416.1411) in the regulatory text of 
Sec. Sec.  404.1587(b), 404.1596(d), and 416.992, as appropriate.
    Comment: The same commenters also stated that the regulations 
should include specific statements that we will meet with the 
individual on the day he or she first visits the Social Security office 
to report that he or she did not receive the monthly check. Also, the 
commenters stated that the final regulations should note that we will 
assist those who need extra help and that such provision, among others, 
is required by our obligation under section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794).
    Response: We have not rewritten these sections to include specific 
statements that we will meet with the individuals on the day he or she 
first visits a Social Security office or to assist individuals who need 
extra help because it is already our policy to do so. Further, we 
comply with all applicable laws relating to our programs to ensure 
maximum accessibility of all our programs and proceedings. If a 
beneficiary contacts one of our field offices with the necessary 
information, the field office will meet with them and take action to 
reinstate their benefits.
    Comment: One commenter suggested that if benefits are suspended for 
non-cooperation, benefits should be reinstated only if the information 
subsequently provided demonstrates that the beneficiary is still 
disabled.
    Response: We did not adopt this comment. The purpose of these final 
rule changes is to implement a more efficient CDR process and to 
encourage beneficiaries to cooperate during the CDR process. 
Accordingly, if the beneficiary provides us with the necessary 
information or evidence requested, benefits will be reinstated. We will 
then continue with the CDR process.

Regulatory Procedures

Executive Order 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that these final rules meet the criteria for a 
significant regulatory action under E.O. 12866, as amended by E.O. 
13258. Thus, they were reviewed by OMB.

Regulatory Flexibility Act

    We certify that these final rules will not have a significant 
economic impact on a substantial number of small entities because they 
affect only individuals. Thus, a regulatory flexibility analysis as 
provided in the Regulatory Flexibility Act, as amended, is not 
required.

Paperwork Reduction Act

    These final regulations impose no reporting or recordkeeping 
requirements requiring OMB clearance.

(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.)

List of Subjects

20 CFR Part 404

    Administrative practice and procedure, Blind, Disability benefits, 
Old-Age, Survivors, and Disability Insurance, Reporting and 
recordkeeping requirements, Social Security.

20 CFR Part 416

    Administrative practice and procedure, Aged, Blind, Disability 
benefits, Public assistance programs, Reporting and recordkeeping 
requirements, Supplemental Security Income (SSI).

    Dated: July 11, 2006.
Jo Anne B. Barnhart,
Commissioner of Social Security.

0
For the reasons set out in the preamble, we are amending subpart P of 
part 404 and subpart I of part 416 of chapter III of title 20 of the 
Code of Federal Regulations, as set forth below:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950--)

Subpart P--[Amended]

0
1. The authority citation for subpart P of part 404 continues to read 
as follows:

    Authority: Secs. 202, 205(a), (b), and (d)-(h), 216(i), (221(a) 
and (i), 222(c), 223, 225, and 702(a)(5) of the Social Security Act 
(42 U.S.C. 402, 405(a), (b), and (d)-(h), 416(i), 421(a) and (i), 
422(c), 423, 425, and 902(a)(5)); section 211(b), Pub. L. 104-193, 
110 Stat. 2105, 2189.


0
2. Section 404.1587 is revised to read as follows:


Sec.  404.1587  Circumstances under which we may suspend and terminate 
your benefits before we make a determination.

    (a) We will suspend your benefits if you are not disabled. We will 
suspend your benefits if all of the information we have clearly shows 
that you are not disabled and we will be unable to complete a 
determination soon enough to prevent us from paying you more monthly 
benefits than you are entitled to. This may occur when you are blind as 
defined in the law and age 55 or older and you have returned to work 
similar to work you previously performed.
    (b) We will suspend your benefits if you fail to comply with our 
request for necessary information. We will suspend your benefits 
effective with the month in which it is determined in accordance with 
Sec.  404.1596(b)(2)(i) that your disability benefits should stop due 
to your failure, without good cause (see Sec.  404.911), to comply with 
our request for necessary information. When we have received the 
information, we will reinstate your benefits for any previous month for 
which they are otherwise payable, and continue with the CDR process.
    (c) We will terminate your benefits. We will terminate your 
benefits following 12 consecutive months of benefit suspension because 
you did not comply with our request for information in accordance with 
Sec.  404.1596(b)(2)(i). We will count the 12-month suspension period 
from the start of the first month that you stopped receiving benefits 
(see paragraph (b) of this section). This termination is effective with 
the start of the 13th month after the suspension began because you 
failed to cooperate.

0
3. Section 404.1596 is amended by revising the heading, removing 
paragraphs (c)(1) and (c)(2), redesignating paragraphs (c)(3) and 
(c)(4) as paragraphs (c)(1) and (c)(2), and

[[Page 60823]]

adding new paragraphs (d) and (e) to read as follows:


Sec.  404.1596  Circumstances under which we may suspend and terminate 
your benefits before we make a determination.

* * * * *
    (d) When the suspension is effective. We will suspend your benefits 
effective with the month in which it is determined in accordance with 
paragraph (b)(2)(i) of this section that your disability benefits 
should stop due to your failure, without good cause (see Sec.  
404.911), to comply with our request for necessary information for your 
continuing disability review. This review is to determine whether or 
not you continue to meet the disability requirements of the law. When 
we have received the information, we will reinstate your benefits for 
any previous month for which they are otherwise payable, and continue 
with the CDR process.
    (e) When we will terminate your benefits. We will terminate your 
benefits following 12 consecutive months of benefit suspension because 
you did not comply with our request for information in accordance with 
paragraph (b)(2)(i) of this section. We will count the 12-month 
suspension period from the start of the first month that you stopped 
receiving benefits (see paragraph (d) of this section). This 
termination is effective with the start of the 13th month after the 
suspension began because you failed to cooperate.

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND 
DISABLED

Subpart I--[Amended]

0
4. The authority citation for subpart I of part 416 continues to read 
as follows:

    Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), 
(d)(1) and (p), and 1633 of the Social Security Act (42 U.S.C. 
902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), (d)(1), and (p), and 
1383(b); secs. 4(c) and (5), 6(c)-(e), 14(a), and 15, Pub. L. 98-
460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 
note and 1382h note).


0
5. Section 416.992 is added to read as follows:


Sec.  416.992  What happens if you fail to comply with our request for 
information.

    We will suspend your payments before we make a determination 
regarding your continued eligibility for disability payments if you 
fail to comply, without good cause (see Sec.  416.1411), with our 
request for information for your continuing disability review or age-18 
redetermination. The suspension is effective with the month in which it 
is determined in accordance with Sec.  416.1322 that your eligibility 
for disability payments has ended due to your failure to comply with 
our request for necessary information. When we have received the 
information, we will reinstate your payments for any previous month for 
which they are otherwise payable, and continue with the CDR or age-18 
redetermination process. We will terminate your eligibility for 
payments following 12 consecutive months of payment suspension as 
discussed in Sec.  416.1335.

 [FR Doc. E6-17181 Filed 10-16-06; 8:45 am]
BILLING CODE 4191-02-P