[Federal Register Volume 90, Number 101 (Wednesday, May 28, 2025)]
[Notices]
[Pages 22557-22558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09554]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2025-0024]
Rescission of Social Security Rulings 83-33, 83-34, 83-35, 84-25,
and 84-26
AGENCY: Social Security Administration.
ACTION: Notice of Rescission of Social Security Rulings (SSR).
-----------------------------------------------------------------------
SUMMARY: We are providing notice of the rescission of SSR 83-33; SSR
83-34; SSR 83-35; SSR 84-25; and SSR 84-26.
DATES: We will apply this rescission on May 28, 2025.
FOR FURTHER INFORMATION CONTACT: Jeffrey Hemmeter, Office of Disability
Policy, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (410) 597-1815.
For information on eligibility or filing for benefits, call our
national toll-free number, 1-800-772-1213 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 SSRs, we publish SSRs in accordance with 20
CFR 402.160(b)(1).
SSRs represent precedential final opinions, orders, and statements
of
[[Page 22558]]
policy and interpretations that we have adopted relating to the Federal
Old Age, Survivors, and Disability Insurance program, and Supplemental
Security Income (SSI) program. We may base SSRs on determinations or
decisions made as part of our administrative review process, Federal
court decisions, decisions of our Commissioner, opinions from our
Office of the General Counsel, or other interpretations of law and
regulations. Although SSRs do not have the same force and effect as law
on the public, they are binding on all SSA components in accordance
with 20 CFR 402.160(b)(1).
By this notice we are rescinding the following SSRs:
[ssquf] SSR 83-33: Titles II and XVI: Determining Whether Work Is
Substantial Gainful Activity--Employees;
[ssquf] SSR 83-34: Titles II and XVI: Determining Whether Work Is
Substantial Gainful Activity--Self-Employed Persons;
[ssquf] SSR 83-35: Titles II and XVI: Averaging of Earnings in
Determining Whether Work Is Substantial Gainful Activity;
[ssquf] SSR 84-25: Titles II and XVI: Determination of Substantial
Gainful Activity If Substantial Work Activity Is Discontinued or
Reduced--Unsuccessful Work Attempt; and
[ssquf] SSR 84-26: Titles II and XVI: Deducting Impairment-Related
Work Expenses From Earnings In Determinations As To Substantial Gainful
Activity Under Titles II And XVI And As To Countable Earned Income
Under Title XVI.
These SSRs were published in the early 1980s as policy
interpretations binding on all components of the agency. We are
rescinding these SSRs which address unsuccessful work attempts and
substantial gainful activity (SGA) because they contain information
that has since been updated, clarified, or has become obsolete by our
regulations:
SSR 83-33; SSR 83-34; SSR 83-35; and SSR 84-25 are
outdated due to the final rules at 20 CFR 404.1574, 404.1574a,
404.1574(c), 404.1575, 404.1575(d), 416.974, 416.974a, 416.974(c),
416.975, and 416.975(c). These regulations remove the additional
conditions that we used when we evaluate SGA and work attempts in
employment or self-employment.\1\
---------------------------------------------------------------------------
\1\ 81 FR 71367 (Oct. 17, 2016) and 65 FR 42772 (July 11, 2000).
---------------------------------------------------------------------------
SSR 84-26 is obsolete because it was incorporated into 20
CFR 404.1576 and 416.976 by a final rule in May 1983.\2\ In 2000, 20
CFR 416.976 was later updated by a final rule to remove references to
the Trial Work Period and Reentitlement period from SSI disability.\3\
---------------------------------------------------------------------------
\2\ 48 FR 21931 (May 16, 1983).
\3\ 65 FR 42772 (July 11, 2000).
---------------------------------------------------------------------------
As such, these SSRs are outdated or obsolete.
We are also rescinding these SSRs as part of the agency's
compliance with Executive Order 14192, Unleashing Prosperity through
Deregulation, which directs agencies to rescind as appropriate sub-
regulatory guidance documents.
Frank Bisignano,
Commissioner, Social Security Administration.
[FR Doc. 2025-09554 Filed 5-27-25; 8:45 am]
BILLING CODE 4191-02-P