[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Notices]
[Pages 18290-18295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7182]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2012-0018]
Reinstate Index to Chapter III in 20 CFR
AGENCY: Social Security Administration.
ACTION: Notice.
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SUMMARY: At the request of the Office of the Federal Register, we are
reinstating the finding aid ``Index to Chapter III'' in Title 20 of the
Code of Federal Regulations (CFR). The finding aid contains a list of
all Acquiescence Rulings published in the Federal Register from January
11, 1990 through April 1, 2012.
DATES: The notice is effective March 27, 2012. The Office of the
Federal Register will include the Index in the April 2012 edition of
Title 20, chapter III of the CFR.
FOR FURTHER INFORMATION CONTACT: Martin Sussman, Social Security
Administration, Office of Regulations, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (410) 965-1767. 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 site,
Social Security Online, at http://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
We are reinstating the ``Index to Chapter III'' as a finding aid in
our chapter of Title 20 of the CFR. The Index lists the Acquiescence
Rulings we published in the Federal Register from January 11, 1990,
through April 1, 2012. The Index last appeared as a finding aid in the
April 1, 2008 edition of our chapter of the CFR.
You may also find a listing of Acquiescence Rulings on our Web site
at http://mwww.socialsecurity.gov/OP_Home/rulings/rulfind1.html.
The Office of the Federal Register requested that we publish this
notice, including the text of the Index, which follows. The Office of
the Federal Register will include the Index in the April 2012 edition
of Title 20, chapter III of the CFR.
Index to Chapter III
INDEX TO CHAPTER III--SOCIAL SECURITY ACQUIESCENCE RULINGS
EDITORIAL NOTE: This listing is provided for information purposes
only. It is compiled and kept up-to-date by the Social Security
Administration.
This listing contains all Acquiescence Rulings (ARs) published in
the Federal Register under the requirements of 20 CFR 402.35(b)(2)
during the period from January 11, 1990, through April 1, 2012. The
listing includes the AR number, title, publication date and the Federal
Register reference number. (The parenthetical number that follows each
AR number refers to the United States judicial circuit involved.) This
notice also lists ARs that were rescinded during this period. In
addition, SSA has
[[Page 18291]]
included Federal Register references for three prior cumulative AR
listing notices.
SSA believes this publication will assist individuals in finding
ARs.
The CFR may not state the circuitwide standard in effect when SSA
has determined that the holding in a decision of a United States Court
of Appeals is at variance with SSA's national interpretation.
ACQUIESCENCE RULINGS
Published cumulative lists of ARs relating to claims under title II
and title XVI of the Social Security Act and part B of the Black Lung
Benefits Act were issued for ARs published prior to January 11, 1990.
1. The first notice announcing 14 ARs issued during the period from
January 23, 1986, through April 30, 1986, was published in the Federal
Register on June 4, 1986 (51 FR 20354).
2. A second notice announcing 12 additional ARs issued during the
period from May 20, 1986, through March 31, 1987, was published in the
Federal Register on August 7, 1987 (52 FR 29911).
3. A third notice announcing 11 more ARs, issued during the period
from May 1, 1987, through November 14, 1988, the withdrawal of one AR
that was issued earlier, and the withdrawal of one of the ARs issued
during this period was published in the Federal Register on July 10,
1990 (55 FR 28302).
AR 86-2R(2) Rosenberg v. Richardson, 538 F.2d 487 (2d Cir. 1976);
Capitano v. Secretary of HHS, 732 F.2d 1066 (2d Cir. 1984)--Entitlement
of a Deemed Widow When a Legal Widow is Entitled on the Same Earnings
Record--Title II of the Social Security Act.
Published: June 25, 1992, at 57 FR 28527.
NOTE: The original AR for the Second Circuit Court of Appeals'
holding in Rosenberg and Capitano (AR 86-2(2)), issued January 23,
1986, was rescinded and replaced by this revised AR.
AR 86-19R(11) Woodson v. Schweiker, 656 F.2d 1169 (5th Cir. 1981)--
Interpretation of the Deemed Marriage Provision--Title II of the Social
Security Act.
Published: June 25, 1992, at 57 FR 28524.
NOTE: The original AR applicable in the Eleventh Circuit for the
Fifth Circuit Court of Appeals' holding in Woodson (AR 86-19(11)),
issued May 22, 1986, was rescinded and replaced by this revised AR.
AR 90-1(9) Paxton v. Secretary of Health and Human Services, 856
F.2d 1352 (9th Cir. 1988)--Treatment of Dependent's Portion of
Augmented Veterans Benefit Paid Directly to Veteran--Title XVI of the
Social Security Act.
Published: July 16, 1990, at 55 FR 28946. Rescinded--See section on
Rescissions in this notice.
AR 90-2(2) Ruppert v. Bowen, 871 F.2d 1172 (2d Cir. 1989)--
Evaluation of a Rental Subsidy as In-Kind Income for Supplemental
Security Income (SSI) Benefit Calculation Purposes--Title XVI of the
Social Security Act.
Published: July 16, 1990, at 55 FR 28947.
AR 90-3(4) Smith v. Bowen, 837 F.2d 635 (4th Cir. 1987)--Use of
Vocational Expert or Other Vocational Specialist in Determining Whether
a Claimant Can Perform Past Relevant Work--Titles II and XVI of the
Social Security Act.
Published: July 16, 1990, at 55 FR 28949. Rescinded--See section on
Rescissions in this notice.
AR 90-4(4) Culbertson v. Secretary of Health and Human Services,
859 F.2d 319 (4th Cir. 1988), Young v. Bowen, 858 F.2d 951 (4th Cir.
1988)--Waiver of Administrative Finality in Proceedings Involving
Unrepresented Claimants Who Lack the Mental Competence to Request.
Administrative Review--Titles II and XVI of the Social Security Act.
Published: July 16, 1990, at 55 FR 28943.
AR 90-5(2) Kier v. Sullivan, 888 F.2d 244 (2d Cir. 1989), reh'g
denied, January 22, 1990--Assessment of Residual Functiona1 Capacity in
Disabled Widows' Cases--Title II of the Social Security Act.
Published: September 18, 1990, at 55 FR 38400. Rescinded--See
section on Rescissions in this notice.
AR 90-6(1) Cassus v. Secretary of Health and Human Services, 893
F.2d 454 (lst Cir. 1990), reh'g denied, April 9, 1990--Assessment of
Residual Functional Capacity in Disabled Widows' Cases--Title II of the
Social Security Act.
Published: September 18, 1990, at 55 FR 38398. Rescinded--See
section on Rescissions in this notice.
AR 90-7(9) Ruff v. Sullivan, 907 F.2d 915 (9th Cir. 1990)--
Assessment of Residual Functional Capacity in Disabled Widows' Cases--
Title II of the Social Security Act.
Published: September 18, 1990, at 55 FR 38402. Rescinded--See
section on Rescissions in this notice.
AR 91-1(5) Lidy v. Sullivan, 911 F.2d 1075 (5th Cir. 1990)--Right
to Subpoena an examining Physician for Cross-examination Purposes--
Titles II and XVI of the Social Security Act.
Published: December 31, 1991, at 56 FR 67625 as AR 91-X(5).
Correction Notice Published: May 1, 1992, at 57 FR 18899--AR number
changed to 91-1(5).
AR 92-1(3) Mazza v. Secretary of Health and Human Services, 903
F.2d 953 (3d Cir. 1990)--Order of Effectuation in Concurrent
Application Cases (Title II/Title XVI).
Published: January 10, 1992, at 57 FR 1190 as AR 91-X(3).
Correction Notice Published: May 1, 1992, at 57 FR 18899--AR number
changed to 92-1(3).
AR 92-2(6) Difford v. Secretary of Health and Human Services, 910
F.2d 1316 (6th Cir. 1990), reh 'g denied, February 7, 1991--Scope of
Review on Appeal in a Medical Cessation of Disability Case--Title II of
the Social Security Act.
Published: March 17, 1992, at 57 FR 9262.
AR 92-3(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)--What Constitutes a Significant-Work-Related Limitation
of Function.
Published: March 10, 1992, at 57 FR 8463. Rescinded-See section on
Rescissions in this notice.
AR 92-4(11) Bloodsworth v. Heckler, 703 F.2d 1233 (11th Cir.
1983)--Judicial Review of an Appeals Council Dismissal of a Request for
Review of an Administrative Law Judge (ALJ) Decision.
Published: April 8, 1992, at 57 FR 11961.
AR 92-5(9) Quinlivan v. Sullivan, 916 F.2d 524 (9th Cir. 1990)--
Meaning of the Term ``Against Equity and Good Conscience'' in the Rules
for Waiver of Recovery of an Overpayment--Titles II and XVI of the
Social Security Act; Title IV of the Federal Mine Safety and Health Act
of 1977.
Published: June 22, 1992, at 57 FR 27783.
AR 92-6(10) Walker v. Secretary of Health and Human Services, 943
F.2d 1257 (l0th Cir. 1991)--Entitlement to Trial Work Period Before
Approval of an Award for Benefits and Before Twelve Months Have Elapsed
Since Onset of Disability--Titles II and XVI of the Social Security
Act.
Published: September 17, 1992, at 57 FR 43007.
AR 92-7(9) Gonzales v. Sullivan, 914 F.2d 1197 (9th Cir. 1990)--
Effect of Initial Determination Notice Language on the Application of
Administrative Finality-Titles II and XVI of the Social Security Act.
Published: September 30. 1992, at 57 FR 45061.
AR 93-1(4) Branham v. Heckler, 775 F.2d 1271 (4th Cir. 1985);
Flowers v.
[[Page 18292]]
U.S. Department of Health and Human Services, 904 F.2d 211 (4th Cir.
1990)--What Constitutes an Additional and Significant Work-Related
Limitation of Function--Titles II and XVI of the Social Security Act.
Published: April 29, 1993, at 58 FR 25996.
NOTE: The original AR for the Fourth Circuit Court of Appeals'
holding in Branham and Flowers (AR 92-31(4)), issued March 10, 1992,
was revised to reflect a regulatory change regarding the IQ Listing
range. There were no other substantive changes to this AR. Rescinded-
See section on Rescissions in this notice.
AR 93-2(2) Conley v. Bowen, 859 F.2d 261 (2d Cir. 1988)--
Determination of Whether an Individual with a Disabling Impairment Has
Engaged in Substantial Gainful Activity Following a Reentitlement
Period--Title II of the Social Security Act.
Published: May 17, 1993, at 58 FR 28887. Rescinded-See section on
Rescissions in this notice.
AR 93-3(6) Akers v. Secretary of Health and Human Services, 966
F.2d 205 (6th Cir. 1992)--Attorney's Fees Based in Part on Continued
Benefits Paid to Social Security Claimants--Title II of the Social
Security Act.
Published: July 29, 1993, at 58 FR 40662. Rescinded-See section on
Rescissions in this notice.
AR 93-4(2) Condon and Brodner v. Bowen, 853 F.2d 66 (2d Cir.
1988)--Attorney's Fees Based in Part on Continued Benefits Paid to
Social Security Claimants--Title II of the Social Security Act.
Published: July 29, 1993, at 58 FR 40663. Rescinded-See section on
Rescissions in this notice.
AR 93-5(11) Shoemaker v. Bowen, 853 F.2d 858 (11th Cir. 1988)--
Attorney's Fees Based in Part on Continued Benefits Paid to Social
Security Claimants--Title II of the Social Security Act.
Published: July 29, 1993, at 58 FR 40665. Rescinded-See section on
Rescissions in this notice.
AR 93-6(8) Brewster on Behalf of Keller v. Sullivan, 972 F.2d 898
(8th Cir. 1992)--Interpretation of the Secretary's Regulation Regarding
Presumption of Death--Title II of the Social Security Act
Published: August 16, 1993, at 58 FR 43369. Rescinded-See section
on Rescissions in this notice.
AR 94-1(10) Wolfe v. Sullivan, 988 F.2d 1025 (10th Cir. 1993)--
Contributions to Support re: Posthumous Illegitimate Child--Title II of
the Social Security Act.
Published: June 27, 1994, at 59 FR 33003.
AR 94-2(4) Lively v. Secretary of Health and Human Services, 820
F.2d 1391 (4th Cir. 1987)--Effect of Prior Disability Findings on
Adjudication of a Subsequent Disability Claim Arising Under the Same
Title of the Social Security Act--Titles II and XVI of the Social
Security Act.
Published: July 7, 1994, at 59 FR 34849. Rescinded-See section on
Rescissions in this notice.
AR 95-1(6) Preslar v. Secretary of Health and Human Services, 14
F.3d 1107 (6th Cir. 1994)-- Definition of Highly Marketable Skills for
Individuals Close to Retirement Age--Titles II and XVI of the Social
Security Act.
Published: May 4, 1995, at 60 FR 22091. Rescinded-See section on
Rescissions in this notice.
AR 95-2(9) Hodge v. Shalala. 27 F.3d 430 (9th Cir. 1994)--Workers'
Compensation--Proration of a Lump-Sum Award for Permanent Disability
Over the Remainder of an Individual's Working Life Under Oregon
Workers' Compensation Law--Title II of the Social Security Act.
Published: July 12, 1995, at 60 FR 35987.
AR 96-1(6) DeSonier v. Sullivan, 906 F.2d 228 (6th Cir. 1990)--
Method of Application of State Intestate Succession Law in Determining
Entitlement to Child's Benefits--Title II of the Social Security Act.
Published: June 3, 1996, at 61 FR 27942.
AR 97-1(1) Parisi By Cooney v. Chater, 69 F.3d 614 (1st Cir.
1995)--Reduction of Benefits Under the Family Maximum in Cases
Involving Dual Entitlement--Title II of the Social Security Act.
Published: January 13, 1997, at 62 FR 1792. Rescinded-See section
on Rescissions in this notice.
AR 97-2(9) Gamble v. Chater, 68 F.3d 319 (9th Cir. 1995)--
Amputation of a Lower Extremity--When the Inability to Afford the Cost
of a Prosthesis Meets the Requirements of Section 1.10C of the Listing
of Impairments--Titles II and XVI of the Social Security Act.
Published: January 13, 1997, at 62 FR 1791. Rescinded-See section
on Rescissions in this notice.
AR 97-3(11) Daniels on Behalf of Daniels v. Sullivan, 979 F.2d 1516
(11th Cir. 1992)--Application of a State's Intestacy Law Requirement
that Paternity be Established During the Lifetime of the Father--Title
II of the Social Security Act.
Published: August 4, 1997, at 62 FR 41989.
AR 97-4(9) Chavez v. Bowen, 844 F.2d 691 (9th Cir. 1988)--Effect of
a Prior Final Decision That a Claimant is Not Disabled, And of Findings
Contained Therein, On Adjudication of a Subsequent Disability Claim
Arising Under the Same Title of the Social Security Act--Titles II and
XVI of the Social Security Act.
Published: December 3, 1997, at 62 FR 64038.
AR 98-1(8) Newton v. Chater, 92 F.3d 688 (8th Cir. 1996)--
Entitlement to Trial Work Period Before Approval of an Award for
Benefits and Before Twelve Months Have Elapsed Since Onset of
Disability--Titles II and XVI of the Social Security Act.
Published: February 23, 1998, at 63 FR 9037. Rescinded-See section
on Rescissions in this notice.
AR 98-2(8) Sird v. Chater, 105 F.3d 401 (8th Cir. 1997)--Mental
Retardation--What Constitutes an Additional and Significant Work-
Related Limitation of Function--Titles II and XVI of the Social
Security Act.
Published: February 24, 1998, at 63 FR 9279. Rescinded-See section
on Rescissions in this notice.
AR 98-3(6) Dennard v. Secretary of Health and Human Services, 907
F.2d 598 (6th Cir. 1990)--Effect of a Prior Finding of the Demands of
Past Work on Adjudication of a Subsequent Disability Claim Arising
Under the Same Title of the Social Security Act--Titles II and XVI of
the Social Security Act.
Published: June 1, 1998. at 63 FR 29770.
AR 98-4(6) Drummond v. Commissioner of Social Security, 126 F.3d
1337 (6th Cir. 1997)--Effect of Prior Findings on Adjudication of a
Subsequent Disability Claim Arising Under the Same Title of the Social
Security Act--Titles II and XVI of the Social Security Act.
Published: June 1, 1998, at 63 FR 29771.
AR 98-5(8) State of Minnesota v. Apfel, 151 F.3d 742 (8th Cir.
1998)--Coverage for Employees Under a Federal-State Section 218
Agreement or Modification and Application of the Student Services
Exclusion From Coverage to Services Performed by Medical Residents--
Title II of the Social Security Act.
Published: October 30, 1998, at 63 FR 58444.
AR 99-1(2) Florez on Behalf of Wallace v. Callahan, 156 F.3d 438
(2d Cir. 1998)-- Supplemental Security Income--Deeming of Income From a
Stepparent to a Child When the Natural Parent is Not Living In the Same
Household--Title XVI of the Social Security Act.
[[Page 18293]]
Published: February 1, 1999, at 64 FR 4923. Rescinded-See section
on Rescissions in this notice.
AR 99-2(8) Kerns v. Apfel, 160 F.3d 464 (8th Cir. 1998)--Definition
of Highly Marketable Skills for Individuals Close to Retirement Age--
Titles II and XVI of the Social Security Act.
Published: March 11, 1999, at 64 FR 12205. Rescinded-See section on
Rescissions in this notice.
AR 99-3(5) McQueen v. Apfel, 168 F.3d 152 (5th Cir. 1999)--
Definition of Highly Marketable Skills for Individuals Close to
Retirement Age--Titles II and XVI of the Social Security Act.
Published: May 27, 1999, at 64 FR 28853. Rescinded-See section on
Rescissions in this notice.
AR 99-4(11) Bloodsworth v. Heckler, 703 F.2d 1233 (11th Cir.
1983)--Judicial Review of an Appeals Council Dismissal of a Request for
Review of an Administrative Law Judge Decision--Titles II and XVI of
the Social Security Act.
Published: October 26, 1999, at 64 FR 57687.
NOTE: The original AR for the Eleventh Circuit Court of Appeals'
holding in Bloodsworth (AR 92-4(11)), issued April 8, 1992, was revised
to delete a parenthetical statement and to update the AR's language.
These revisions were technical corrections only and did not involve any
substantive changes.
AR 00-1(4) Albright v. Commissioner of the Social Security
Administration, 174 F.3d 473 (4th Cir. 1999)--Effect of Prior
Disability Findings on Adjudication of a Subsequent Disability Claim--
Titles II and XVI of the Social Security Act.
Published: January 12, 2000, at 65 FR 1936.
AR 00-2(7) Hickman v. Apfel. 187 F.3d 683 (7th Cir. 1999)--
Evidentiary Requirements for Determining Medical Equivalence to a
Listed Impairment--Titles II and XVI of the Social Security Act.
Published: May 3, 2000, at 65 FR 25783. Rescinded-See section on
Rescissions in this notice.
AR 00-3(10) Haddock v. Apfel, 196 F.3d 1084 (l0th Cir. 1999)--Use
of Vocational Expert Testimony and the Dictionary of Occupational
Titles Under 20 CFR 404.1566, 416.966--Titles II and XVI of the Social
Security Act.
Published: June 20, 2000, at 65 FR 38312. Rescinded-See section on
Rescissions in this notice.
AR 00-4(2) Curry v. Apfel, 209 F.3d 117 (2d Cir. 2000)--Burden of
Proving Residual Functional Capacity at Step Five of the Sequential
Evaluation Process for Determining Disability--Titles II and XVI of the
Social Security Act.
Published: September 11, 2000, at 65 FR 54879. Rescinded-See
section on Rescissions in this notice.
AR 00-5(6) Salamalekis v. Apfel, 221 F.3d 828 (6th Cir. 2000)--
Entitlement to Trial Work Period Before Approval of an Award of
Benefits and Before 12 Months Have Elapsed Since the Alleged Onset of
Disability--Titles II and XVI of the Social Security Act.
Published: November 15, 2000, at 65 FR 69116. Rescinded-See section
on Rescissions in this notice.
AR 01-1(3) Sykes v. Apfel, 228 F.3d 259 (3d Cir. 2000)--Using the
Grid Rules as a Framework for Decisionmaking When an Individual's
Occupational Base is Eroded by a Nonexertional Limitation--Titles II
and XVI of the Social Security Act.
Published: January 25, 2001, at 66 FR 7829.
AR 03-1(7) Blakes v. Barnhart, 331 F.3d 565 (7th Cir. 2003)--Cases
Involving Sections 12.05 and 112.05 of the Listing of Impairments That
Are Remanded By a Court for Further Proceedings Under Titles II and XVI
of the Social Security Act.
Published: December 23, 2003, at 613 FR 74279.
AR 04-1(9) Howard on behalf of Wolff v. Barnhart, 341 F.3d 1006
(9th Cir. 2003)--Applicability of the Statutory Requirement for
Pediatrician Review in Childhood Disability Cases to the Hearings and
Appeals Levels of the Administrative Review Process Under Title XVI of
the Social Security Act.
Published: April 26, 2004, at 69 FR 22578.
AR 05-1(9) Gillett-Netting v. Barnhart, 371 F.3d 593 (9th Cir.
2004), reh'g denied, December 14, 2004 --Applicability of State Law and
the Social Security Act in Determining Whether a Child Conceived by
Artificial Means after an Insured Person's Death is Eligible for
Child's Insurance Benefits--Title II of the Social Security Act.
Published: September 22, 2005, at 70 FR 55656.
AR 06-1(2) Fowlkes v. Adamec, 432 F.3d 90 (2d Cir. 2005)--
Determining Whether an Individual is a Fugitive Felon Under the Social
Security Act (Act)--Titles II and XVI of the Act.
Published: April 6, 2000, at 71 FR 17551.
RESCISSIONS WITHOUT REPLACEMENT ARs
AR 86-1(9) Summy v. Schweiker, 688 F.2d 1233 (9th Cir. 1982)--Third
party payments for medical care or services--Title XVI of the Social
Security Act.
Notice of Rescission Published: July 5, 1994, at 59 FR 34444.
AR 86-6(3) Aubrey v. Richardson, 462 F.2d 782 (3d Cir. 1972);
Shelnutt v. Heckler, 723 F.2d 1131 (3d Cir. 1983)--Interpretation of
the Secretary's Regulation Regarding Presumption of Death--Title II of
the Social Security Act.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-7(5) Autrey v. Harris, 639 F.2d 1233 (5th Cir. 1981); Wages
v. Schweiker, 659 F.2d 59 (5th Cir. 1981)--Interpretation of the
Secretary's Regulation Regarding Presumption of Death--Title II of the
Social Security Act.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-8(6) Johnson v. Califano, 607 F.2d 1178 (6th Cir. 1979)--
Interpretation of the Secretary's Regulation Regarding Presumption of
Death--Title II of the Social Security Act.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-9(9) Secretary of Health, Education and Welfare v. Meza, 386
F.2d 389 (9th Cir. 1966); Gardner v. Wilcox, 370 F.2d 492 (9th Cir.
1966)--Interpretation of the Secretary's Regulation Regarding
Presumption of Death--Title II of the Social Security Act.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-10(10) Edwards v. Califano, 619 F.2d 865 (10th Cir. 1980)--
Interpretation of the Secretary's Regulation Regarding Presumption of
Death--Title II of the Social Security Act.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-11(11) Autrey v. Harris, 639 F.2d 1233 (5th Cir. 1981)--
Interpretation of the Secretary's Regulation Regarding Presumption of
Death--Title II of the Social Security Act.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 86-17(9) Owens v. Schweiker, 692 F.2d 80 (9th Cir. 1982)--
Child's Benefits--Title II of the Social Security Act.
Notice of Rescission Published: October 28, 1998, at 63 FR 57727.
AR 87-1(6) Webb v. Richardson, 472 F.2d 529 (6th Cir. 1972)--
Attorneys' Fees--Single Fee, Not to Exceed 25 Percent of Past-Due
Benefits, Set by Tribunal Which Ultimately Upholds the Claim--Title II
of the Social Security Act.
Notice of Rescission Published: March 3, 1995, at 60 FR 11977.
AR 87-2(11) Butterworth v. Bowen, 796 F.2d 1379 (11th Cir. 1986)--
The
[[Page 18294]]
Conditions under Which the Appeals Council has the Right to Reopen and
Revise Prior Decisions--Titles II and XVI of the Social Security Act.
Notice of Rescission Published: July 7, 1998, at 63 FR 36726.
AR 87-3(9) Hart v. Bowen, 799 F.2d 567 (9th Cir. 1986)--Current
Market Value of an Installment Sales Contract as an Excess Resource.
Notice of Rescission Published: February 9, 1995, at 60 FR 7782.
AR 87-4(8) Iamarino v. Heckler, 795 F.2d 59 (8th Cir. 1986)--
Positive Presumption of Substantial Gainful Activity (SGA) for
Sheltered Work.
Notice of Rescission Published: July 11, 2000, at 65 FR 42793.
AR 87-5(3) Velazquez v. Heckler, 802 F.2d 680 (3d Cir. 1986)--
Consideration of Vocational Factors in Past Work Determination.
Notice of Rescission Published: July 16, 1990, at 55 FR 28943.
AR 88-1(11) Patterson v. Bowen, 799 F.2d 1455 (11th Cir. 1986),
reh'g denied, February 12, 1987--Use of the Age Factor in the Medical-
Vocational Guidelines in Making Disability Decisions.
Notice of Rescission Published: April 6, 2000, at 65 FR 18143.
AR 88-3(7) McDonald v. Bowen, 800 F.2d 153 (7th Cir. 1986), amended
on reh'g, 818 F.2d 559 (7th Cir. 1987)--Entitlement to Benefits Where a
Person Returns to Work Less Than 12 Months After Onset of Disability.
Notice of Rescission Published: June 10, 2002, at 67 FR 39781.
AR 88-5(1) McCuin v. Secretary of Health and Human Services, 817
F.2d 161 (1st Cir. 1987)--Reopening by the Appeals Council of Decisions
of Administrative Law Judges under Titles II and XVI of the Social
Security Act.
Notice of Rescission Published: February 23, 1994, at 59 FR 8650.
AR 88-7(5) Hickman v. Bowen, 803 F.2d 1377 (5th Cir. 1986)--
Evaluation of Loans of In-Kind Support and Maintenance for Supplemental
Security Income Benefit Calculation Purposes.
Notice of Rescission Published: September 8, 1992, at 57 FR 40918.
AR 90-1(9) Paxton v. Secretary of Health and Human Services, 856 F
.2d 1352 (9th Cir.1988)--Treatment of Dependent's Portion of Augmented
Veterans Benefit Paid Directly to Veteran--Title XVI of the Social
Security Act.
Notice of Rescission Published: November 17, 1994, at 59 FR 59416.
AR 90-3(4) Smith v. Bowen, 837 F.2d 635 (4th Cir. 1987)--Use of
Vocational Expert or Other Vocational Specialist in Determining Whether
a Claimant Can Perform Past Relevant Work--Titles II and XVI of the
Social Security Act.
Notice of Rescission Published: August 26, 2003, at 68 FR 51317.
AR 90-5(2) Kier v. Sullivan, 888 F.2d 244 (2d Cir. 1989), reh'g
denied, January 22, 1990--Assessment of Residual Functional Capacity in
Disabled Widows' Cases--Title II of the Social Security Act.
Notice of Rescission Published: May 22, 1991, at 56 FR 23592.
AR 90-6(1) Cassas v. Secretary of Health and Human Services, 393
F.2d 454 (1st Cir. 1990), reh'g denied, April 9, 1990--Assessment of
Residual Functional Capacity in Disabled Widows' Cases--Title II of the
Social Security Act.
Notice of Rescission Published: May 22, 1991, at 56 FR 23591.
AR 90-7(9) Ruff v. Sullivan, 907 F.2d 915 (9th Cir. 1990)--
Assessment of Residual Functional Capacity in Disabled Widows' Cases--
Title II of the Social Security Act.
Notice of Rescission Published: May 22, 1991, at 56 FR 23592.
AR 92-3(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)--What Constitutes a Significant Work-Related Limitation
of Function.
Notice of Rescission Published: August 21, 2000, at 65 FR 50784.
AR 92-6(10) Walker v. Secretary of Health and Human Services, 943
F.2d 1257 (10th Cir. 1991)--Entitlement to Trial Work Period Before
Approval of an Award for Benefits and Before Twelve Months Have Elapsed
Since Onset of Disability-Titles II and XVI of the Social Security Act.
Notice of Rescission Published: June 10, 2002, at 67 FR 39871.
AR 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)--What Constitutes an Additional and Significant Work-
Related Limitation of Function--Titles II and XVI of the Social
Security Act.
Notice of Rescission Published: August 21, 2000, at 65 FR 50784.
AR. 93-2(2) Conley v. Bowen, 859 F.2d 261 (3d Cir. 1988)--
Determination of Whether an Individual With a Disabling Impairment Has
Engaged in Substantial Gainful Activity Following a Reentitlement
Period--Title II of the Social Security Act.
Notice of Rescission Published: August 10, 2000, at 65 FR 42793.
AR 93-3(6) Akers v. Secretary of Health and Human Services, 966
F.2d 205 (6th Cir. 1992)--Attorney's Fees Based in Part on Continued
Benefits Paid to Social Security Claimants--Title II of the Social
Security Act.
Notice of Rescission Published: April 14, 2000, at 65 FR 20239.
AR 93-4(2) Condon and Brodner v. Bowen, 853 F.2d 66 (2d Cir.
1988)--Attorney's Fees Based in Part on Continued Benefits Paid to
Social Security Claimants--Title II of the Social Security Act.
Notice of Rescission Published: April 14, 2000, at 65 FR 20239.
AR 93-5(11) Shoemaker v. Bowen, 853 F.2d 858 (11th Cir. 1988)--
Attorney's Fees Based in Part on Continued Benefits Paid to Social
Security Claimants--Title II of the Social Security Act.
Notice of Rescission Published: April 14, 2000, at 65 FR 20239.
AR 93-6(8) Brewster on Behalf of Keller v. Sullivan, 972 F.2d 898
(8th Cir. 1992)--Interpretation of the Secretary's Regulation Regarding
Presumption of Death--Title II of the Social Security Act.
Notice of Rescission Published: July 14, 1995, at 60 FR 36327.
AR 94-2(4) Lively v. Secretary of Health and Human Services, 820
F.2d 1391 (4th Cir. 1987)--Effect of Prior Disability Findings on
Adjudication of a Subsequent Disability Claim Arising Under the Same
Title of the Social Security Act--Titles II and XVI of the Social
Security Act.
Notice of Rescission Published: January 12, 2000, at 65 FR 1936.
AR 95-1(6) Preslar v. Secretary of Health and Human Services, 14
F.3d 1107 (6th Cir. 1994)--Definition of Highly Marketable Skills for
Individuals Close to Retirement Age--Titles II and XVI of the Social
Security Act.
Notice of Rescission Published: April 6, 2000, at 65 FR 18144.
AR 97-1(1) Parisi By Cooney v. Chater, 69 F.3d 814 (1st Cir.
1995)--Reduction of Benefits Under the Family Maximum In Cases
Involving Dual Entitlement--Title II of the Social Security Act.
Notice of Rescission Published: October 27, 1999, at 64 FR 57919.
AR 97-2(9) Gamble v. Chater, 68 F.3d 319 (9th Cir. 1995)--
Amputation of a Lower Extremity--When the Inability to Afford the Cost
of a Prosthesis Meets the Requirements of Section 1.10C of the Listing
of Impairments--Titles II and XVI of the Social Security Act.
Notice of Rescission Published: November 19, 2001, at 66 FR 58047.
AR 98-1(8) Newton v. Chater, 92 F.3d 688 (8th Cir. 1996)--
Entitlement to Trial Work Period Before Approval of an Award for
Benefits and Before Twelve Months Have Elapsed Since Onset of
Disability--Titles II and XVI of the Social Security Act.
Notice of Rescission Published: June 10, 2002, at 67 FR 39781.
[[Page 18295]]
AR 98-2(8) Sird v. Chater, 105 F.3d 401 (8th Cir. 1997)--Mental
Retardation--What Constitutes an Additional and Significant Work-
Related Limitation of Function--Titles II and XVI of the Social
Security Act.
Notice of Rescission Published: August 21, 2000, at 65 FR 50784.
AR 99-1(2) Florez on Behalf of Wallace v. Callahan, 156 F.3d 438
(2d Cir. 1998)-- Supplemental Security Income--Deeming of Income From a
Stepparent to a Child When the Natural Parent is Not Living in the Same
Household--Title XVI of the Social Security Act.
Notice of Rescission Published: May 15, 2008, at 73 FR 28181.
AR 99-2(8) Kerns v. Apfel, 160 F.3d 164 (8th Cir. 1998)--Definition
of Highly Marketable Skills for Individuals Close to Retirement Age--
Titles II and XVI of the Social Security Act.
Notice of Rescission Published: April 6, 2000, at 65 FR 18144.
AR 99-3(5) McQueen v. Apfel, 168 F.3d 152 (5th Cir, 1999)--
Definition of Highly Marketable Skills for Individuals Close to
Retirement Age--Titles II and XVI of the Social Security Act.
Notice of Rescission Published: April 6, 2000, at 65 FR 18144.
AR 00-2(7) Hickman v. Apfel, 187 F.3d 683 (7th Cir. 1999)--
Evidentiary Requirements for Determining Medical Equivalence to a
Listed Impairment--Titles II and XVI of the Social Security Act.
Notice of Rescission Published: March 1, 2006, at 71 FR 10584.
AR 00-3(10) Haddock v. Apfel, 196 F.3d 1084 (10th Cir, 1999)--Use
of Vocational Expert Testimony and the Dictionary of Occupational
Titles Under 20 CFR 404.1566, 416.966--Titles II and XVI of the Social
Security Act.
Notice of Rescission Published: December 4, 2000, at 65 FR 75758.
AR 00-4(2) Curry v. Apfel, 209 F.3d 117 (2d Cir. 2000)--Burden of
Proving Residual Functional Capacity at Step Five of the Sequential
Evaluation Process for Determining Disability--Titles II and XVI of the
Social Security Act.
Notice of Rescission Published: August 26, 2003, at 68 FR 51317.
AR 00-5(6) Salamalekis v. Apfel, 221 F.3d 828 (6th Cir. 2000)--
Entitlement to Trial Work Period Before Approval of an Award of
Benefits and Before 12 Months Have Elapsed Since the Alleged Onset of
Disability--Titles II and XVI of the Social Security Act.
Notice of Rescission Published: June 10, 2002, at 67 FR 39781.
Dated: March 20, 2012.
LaTina Burse Greene,
Assistant Deputy Commissioner for Retirement and Disability Policy.
[FR Doc. 2012-7182 Filed 3-26-12; 8:45 am]
BILLING CODE 4191-02-P