[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Page 15263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05958]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2012-0035]


Rescission of Social Security Rulings 96-2p, 96-5p, and 06-3p

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Rulings.

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SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Acting 
Commissioner of Social Security gives notice of the rescission of 
Social Security Rulings (SSR) 96-2p, 96-5p, and 06-03p.

DATES: Effective Date: This rescission will be effective for claims 
filed on or after March 27, 2017.

FOR FURTHER INFORMATION CONTACT: Joshua Silverman, Office of Disability 
Policy, Social Security Administration, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 594-2128. 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: Although 5 U.S.C. 552(a)(1) and (a)(2) do 
not require us to publish this notice, we are doing so in accordance 
with 20 CFR 402.35(b)(1).
    Through SSRs, we make available to the public precedential 
decisions relating to the Federal old-age, survivors, disability, 
supplemental security income, and special veterans benefits programs. 
We may base SSRs on determinations or decisions made at all levels of 
administrative adjudication, Federal court decisions, Commissioner's 
decisions, opinions of the Office of the General Counsel, or other 
interpretations of the law and regulations.
    We are rescinding the following SSRs:
     SSR 96-2p: Titles II and XVI: Giving Controlling Weight to 
Treating Source Medical Opinions.
     SSR 96-5p: Titles II and XVI: Medical Source Opinions on 
Issues Reserved to the Commissioner.
     SSR 06-03p: Titles II and XVI: Considering Opinions and 
Other Evidence from Sources Who Are Not ``Acceptable Medical Sources'' 
in Disability Claims; Considering Decisions on Disability by Other 
Governmental and Nongovernmental Agencies.
    These three SSRs are inconsistent or unnecessarily duplicative with 
our recent final rules, Revisions to Rules Regarding the Evaluation of 
Medical Evidence, published in the Federal Register on January 18, 2017 
(82 FR 5844).
    SSR 96-2p explained how adjudicators should evaluate medical 
opinions from treating sources, including when it is appropriate to 
give controlling weight to medical opinions from treating sources. The 
final rules revised these policies for claims filed on or after March 
27, 2017, in several ways. For example, adjudicators will not assign a 
weight, including controlling weight, to any medical opinion for claims 
filed on or after March 27, 2017. Therefore, this SSR is inconsistent 
with the final rules.
    SSR 96-5p explained how adjudicators should consider and articulate 
their consideration of medical source opinions on issues reserved to 
the Commissioner in the notice of the determination or decision. The 
final rules revised these policies for claims filed on or after March 
27, 2017, in several ways. For example, in claims filed on or after 
March 27, 2017, adjudicators will not provide any articulation about 
their consideration of this evidence because it is inherently neither 
valuable nor persuasive to us. Therefore, this SSR is inconsistent with 
the final rules.
    SSR 06-03p explained how we consider opinions and other evidence 
from sources who are not acceptable medical sources and how we consider 
decisions by other governmental and nongovernmental agencies on the 
issue of disability or blindness. The final rules revised these 
policies for claims filed on or after March 27, 2017, in several ways. 
For example, in claims filed on or after March 27, 2017, the final 
rules state that all medical sources, not just acceptable medical 
sources, can make evidence that we categorize and consider as medical 
opinions. Also, in claims filed on or after March 27, 2017, the final 
rules state that adjudicators will not provide any articulation about 
their consideration of decisions from other governmental agencies and 
nongovernmental entities because this evidence is inherently neither 
valuable nor persuasive to us. Therefore, this SSR is inconsistent with 
the final rules.

(Catalog of Federal Domestic Assistance, Programs Nos. 96.001, 
Social Security--Disability Insurance; 96.002, Social Security--
Retirement Insurance; 96.004, Social Security--Survivors Insurance; 
96.006--Supplemental Security Income.)

Nancy A. Berryhill,
Acting Commissioner of Social Security.
[FR Doc. 2017-05958 Filed 3-24-17; 8:45 am]
 BILLING CODE 4191-02-P