[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12129-12130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03913]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA 2011-0106]


Rescission of Social Security Acquiescence Rulings 92-2(6)

AGENCY: Social Security Administration.

ACTION: Notice of Rescission of Social Security Acquiescence Ruling 
(AR) 92-2(6)--Difford v. Sullivan, 910 F.2d 1316 (6th Cir. 1990).

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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 92-2(6).

DATES: Effective Date: February 21, 2013.

FOR FURTHER INFORMATION CONTACT: Susan Dunigan, Office of Disability 
Programs, Social Security Administration, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, (410)-966-5671 or TTY (800) 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 and apply our interpretation of the Act or 
regulations if we subsequently clarify, modify or revoke the regulation 
or ruling that was the subject of a circuit court holding that we 
determined conflicts with our interpretation of the Act or regulations.
    On March 17, 1992, we issued AR 92-2(6) to reflect the decision of 
the United States Court of Appeals for the Sixth Circuit in Difford v. 
Sullivan, 910 F.2d

[[Page 12130]]

1316 (6th Cir. 1990), in which the court interpreted section 223 of the 
Act to require that when we review a medical disability cessation 
determination or decision, we must consider whether the beneficiary was 
disabled at any time through the date of the adjudicator's final 
determination or decision.
    Concurrent with the rescission of this AR, we are publishing Social 
Security Ruling (SSR) 12-3p to change the period an adjudicator must 
consider when deciding an appeal of a title II medical cessation 
determination or decision. This Ruling also clarifies how this policy 
applies at the Appeals Council (AC) level when the AC denies a request 
for review or issues a remand or dismissal order. The adjudicator will 
consider a beneficiary's disability through the date on which we make 
the appeal determination or decision.
    Because the SSR addresses the Difford court's concerns and explains 
that an appeal must have a determination or decision through the 
adjudication date, we are rescinding AR 92-2(6). The SSR and this 
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 as discussed in the 
preamble to the 1998 acquiescence regulations, 63 FR 24927 (May 6, 
1998).

    Dated: February 12, 2013.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. 2013-03913 Filed 2-20-13; 8:45 am]
BILLING CODE 4191-02-P