81_FR_13487 81 FR 13438 - Social Security Acquiescence Ruling (AR) 16-1(7), Boley v. Colvin: Judicial Review of an Administrative Law Judge's Order Finding No Good Cause for a Late Hearing Request and Dismissing the Request as Untimely-Titles II and XVI of the Social Security Act

81 FR 13438 - Social Security Acquiescence Ruling (AR) 16-1(7), Boley v. Colvin: Judicial Review of an Administrative Law Judge's Order Finding No Good Cause for a Late Hearing Request and Dismissing the Request as Untimely-Titles II and XVI of the Social Security Act

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 81, Issue 49 (March 14, 2016)

Page Range13438-13439
FR Document2016-05663

We are publishing this Social Security AR to explain how we will apply a holding in a decision of the United States Court of Appeals for the Seventh Circuit that we have determined conflicts with our interpretation of the law regarding judicial review of an administrative law judge's (ALJ's) order finding no good cause for a late hearing request and dismissing the request as untimely.

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016)
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13438-13439]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05663]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2015-0070]


Social Security Acquiescence Ruling (AR) 16-1(7), Boley v. 
Colvin: Judicial Review of an Administrative Law Judge's Order Finding 
No Good Cause for a Late Hearing Request and Dismissing the Request as 
Untimely--Titles II and XVI of the Social Security Act

AGENCY: Social Security Administration.

ACTION: Notice of Social Security Acquiescence Ruling (AR).

-----------------------------------------------------------------------

SUMMARY: We are publishing this Social Security AR to explain how we 
will apply a holding in a decision of the United States Court of 
Appeals for the Seventh Circuit that we have determined conflicts with 
our interpretation of the law regarding judicial review of an 
administrative law judge's (ALJ's) order finding no good cause for a 
late hearing request and dismissing the request as untimely.

DATES: Effective: March 14, 2016.

FOR FURTHER INFORMATION CONTACT: Todd Lewellen, Office of the General 
Counsel, Office of Program Law, Social Security Administration, 6401 
Security Boulevard, Baltimore, MD 21235-6401, (410) 965-3309, or TTY 
410-966-5609, for information about this notice. 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 publishing this Social Security AR in 
accordance with 20 CFR 402.35(b)(2), 404.985(a), (b), and 416.1485(a), 
(b) to explain how we will apply a holding in Boley v. Colvin, 761 F.3d 
803 (7th Cir. 2014), regarding judicial review of an ALJ's order 
finding no good cause for a late hearing request and dismissing the 
request as untimely.
    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 (Act) or 
regulations when the Government has decided not to seek further review 
of that decision or is unsuccessful on further review.
    This AR explains how we will apply the holding in Boley v. Colvin 
to claims in which the claimant makes a late request for an ALJ 
hearing, the ALJ dismisses the hearing request and finds that the 
claimant lacked good cause for missing the appeal deadline, and then 
the claimant timely seeks review of the ALJ's dismissal by the Appeals 
Council (AC). We will apply this AR to all claims in the Seventh 
Circuit in which the AC denied a request for review of such a dismissal 
on or after March 14, 2016. If the AC denied a request for review of an 
ALJ dismissal between August 4, 2014 (the date of the Court of Appeals' 
decision) and March 14, 2016 (the effective date of this AR), the 
claimant may request that we apply the AR.
    When we received this precedential Court of Appeals' decision and 
determined that an AR might be required, we began to identify those 
claims that were pending before the agency that might be subject to 
readjudication if we subsequently issued an AR. Because we have 
determined that an AR is required and are publishing this AR, we will 
send a notice to those individuals whose claims we have identified. In 
the notice, we will provide information about the AR and the claimant's 
rights under the AR. However, claimants may request that we apply this 
AR to their claims even if they did not receive a notice, as provided 
in 20 CFR 404.985(b)(2) and 416.1485(b)(2).
    If we later rescind this AR as obsolete, we will publish a notice 
in the Federal Register to that effect, as provided in 20 CFR 
404.985(e) and 416.1485(e). If we decide to relitigate the issue 
covered by this AR, as provided by 20 CFR 404.985(c) and 416.1485(c), 
we will publish a notice in the Federal Register stating that we will 
apply our interpretation of the Act or regulations involved and 
explaining why we have decided to relitigate the issue.

(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)

    Dated: March 3, 2016.
Carolyn W. Colvin,
Acting Commissioner of Social Security.

ACQUIESCENCE RULING 16-1(7)

    Boley v. Colvin, 761 F.3d 803 (7th Cir. 2014): Judicial Review of 
an Administrative Law Judge's Order Finding No Good Cause for a Late 
Hearing Request and Dismissing the Request as Untimely--Titles II and 
XVI of the Social Security Act.
    ISSUE: May a claimant obtain judicial review of an administrative 
law judge (ALJ)'s order finding no good cause for a late hearing 
request and dismissing the request as untimely?
    STATUTE/REGULATION/RULING CITATION: Sections 205(g) and 1631(c)(3) 
of the Social Security Act (42 U.S.C. 405(g), 1383(c)(3)); 20 CFR 
404.900(a), 404.901, 404.903(j), 404.933(b)-(c), 404.955, 404.957, 
404.959, 416.1400(a), 416.1401, 416.1403(a)(8), 416.1433(b)-(c), 
416.1455, 416.1457, 416.1459.
    CIRCUIT: Seventh (Illinois, Indiana, Wisconsin).
    APPLICABILITY OF RULING: This ruling applies to claims in which a 
claimant resides in a State within the Seventh Circuit and in which an 
ALJ entered an order finding no good cause for a late hearing request, 
the ALJ dismissed the request as untimely, the claimant requested 
review by the Appeals Council (AC), and the AC denied review.
    DESCRIPTION OF CASE: Marilyn Boley filed a claim for disability 
insurance benefits. We denied her claim at the initial and 
reconsideration levels of administrative review. Although she was 
represented by an attorney at the time we denied her request for 
reconsideration, we sent notice of the reconsidered determination to 
Ms. Boley, but not to her attorney. After learning that we had denied 
Ms. Boley's request for reconsideration, the attorney requested a 
hearing. An ALJ dismissed that request as untimely because the 
regulations at 20 CFR 404.933(b) and 416.1433(b) require a claimant to 
request a hearing within 60 days of the claimant's receipt of a 
reconsidered

[[Page 13439]]

determination. While regulations allow the ALJ to extend the time for 
requesting a hearing when a claimant has ``good cause'' for the late 
request, the ALJ ruled that Ms. Boley lacked good cause because she had 
received the reconsideration notice and could have filed a hearing 
request herself. Ms. Boley filed a timely request for review of the 
ALJ's dismissal order with the AC. When the AC denied her request for 
review of the ALJ's dismissal order, Ms. Boley sought judicial review.
    HOLDING: The United States Court of Appeals for the Seventh Circuit 
concluded that a claimant for Social Security benefits may obtain 
judicial review of an ALJ's dismissal order finding no good cause for a 
late hearing request after exhausting all available administrative 
remedies.
    STATEMENT AS TO HOW BOLEY DIFFERS FROM THE AGENCY'S POLICY:
    Unlike the holding in Boley, our policy provides that an ALJ's 
order finding no good cause for a late hearing request and dismissing 
the request as untimely is not subject to judicial review. Section 
205(g) of the Social Security Act, 42 U.S.C. 405(g), ``clearly limits 
judicial review to a particular type of agency action, a `final 
decision of the [Commissioner of Social Security] made after a 
hearing.' '' Califano v. Sanders, 430 U.S. 99, 108 (1977). The Supreme 
Court has also recognized that ``the term `final decision' is left 
undefined by the Act and its meaning is to be fleshed out by the 
[Commissioner's] regulations.'' Weinberger v. Salfi, 422 U.S. 749, 751 
(1975).
    Under our regulations, the claimant must first obtain an ``initial 
determination'' and then complete an administrative review process 
consisting of several steps, ``which usually must be requested within 
certain time periods,'' 20 CFR 404.900(a), 416.1400(a), before 
obtaining a judicially reviewable ``decision.'' Not all agency actions 
constitute ``initial determinations'' subject to the administrative 
review process and, ultimately, judicial review. 20 CFR 404.903, 
416.1403(a) (identifying numerous administrative actions that are not 
initial determinations). For example, although we will extend the time 
to seek a hearing upon a showing of good cause, 20 CFR 404.933(c), 
416.1433(c), an administrative action denying a request to extend a 
time period is not an initial determination subject to the 
administrative review process or judicial review. 20 CFR 404.903(j), 
416.1403(a)(8).
    Further, our regulations provide that a ``decision'' means ``the 
decision made by the administrative law judge or the Appeals Council.'' 
20 CFR 404.901, 416.1401. Of direct relevance here, the regulations 
distinguish between an ALJ's ``decision'' and an ALJ's dismissal of a 
claimant's request for a hearing. An ALJ's decision is subject to 
review by the agency's AC and ultimately may be subject to judicial 
review. 20 CFR 404.955, 416.1455. An ALJ's dismissal of a hearing 
request, 20 CFR 404.957, 416.1457, on the other hand, is not a 
``decision'' within the meaning of section 205(g) of the Act. Rather, 
it is binding unless vacated by an ALJ or the AC, and the dismissal of 
a hearing request is not subject to judicial review. 20 CFR 404.959, 
416.1459.
    EXPLANATION OF HOW WE WILL APPLY THE BOLEY DECISION WITHIN THE 
CIRCUIT:
    This Ruling applies only to claims in which all the following 
criteria are met:
    1. The claimant did not timely request a hearing before an ALJ;
    2. The ALJ dismissed the claimant's request for a hearing;
    3. The basis for the ALJ's dismissal of the hearing request was 
that the claimant failed to show good cause for untimely filing of the 
hearing request;
    4. The claimant timely filed a request for the AC to review the 
ALJ's dismissal of the hearing request;
    5. The AC denied the claimant's request for review; and
    6. The claimant resided in Indiana, Illinois, or Wisconsin at the 
time the AC denied review.
    If a case meets these criteria, we will send notice explaining that 
the claimant may appeal the dismissal to the Federal district court for 
the judicial district in Illinois, Indiana, or Wisconsin in which the 
claimant resides.

[FR Doc. 2016-05663 Filed 3-11-16; 8:45 am]
 BILLING CODE 4191-02-P



                                                  13438                         Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices

                                                     2. After a redetermination, an                       benefits, call our national toll-free                 this AR, as provided by 20 CFR
                                                  individual may appeal our                               number, 1–800–772–1213 or TTY                         404.985(c) and 416.1485(c), we will
                                                  determination that after disregarding                   1–800–325–0778, or visit our Internet                 publish a notice in the Federal Register
                                                  evidence, the remaining evidence does                   site, Social Security Online, at http://              stating that we will apply our
                                                  not support that individual’s                           www.socialsecurity.gov.                               interpretation of the Act or regulations
                                                  entitlement to or eligibility for benefits              SUPPLEMENTARY INFORMATION:      We are                involved and explaining why we have
                                                  and results in termination of such                      publishing this Social Security AR in                 decided to relitigate the issue.
                                                  entitlement or eligibility. The individual              accordance with 20 CFR 402.35(b)(2),                  (Catalog of Federal Domestic Assistance,
                                                  may appeal any overpayments we assess                   404.985(a), (b), and 416.1485(a), (b) to              Program Nos. 96.001 Social Security—
                                                  based on such evidence.                                 explain how we will apply a holding in                Disability Insurance; 96.002 Social
                                                     3. An individual may appeal our                      Boley v. Colvin, 761 F.3d 803 (7th Cir.               Security—Retirement Insurance; 96.004
                                                  finding of fraud or similar fault.                      2014), regarding judicial review of an
                                                                                                                                                                Social Security—Survivors Insurance)
                                                  However, we will not administratively                   ALJ’s order finding no good cause for a                 Dated: March 3, 2016.
                                                  review information provided by SSA’s                    late hearing request and dismissing the               Carolyn W. Colvin,
                                                  Office of the Inspector General under                   request as untimely.                                  Acting Commissioner of Social Security.
                                                  section 1129(l) of the Act regarding its                   An AR explains how we will apply a
                                                  reason to believe that fraud was                        holding in a decision of a United States              ACQUIESCENCE RULING 16–1(7)
                                                  involved in the individual’s application                Court of Appeals that we determine                       Boley v. Colvin, 761 F.3d 803 (7th Cir.
                                                  for benefits.                                           conflicts with our interpretation of a                2014): Judicial Review of an
                                                  DATES: Effective Date: This SSR is                      provision of the Social Security Act                  Administrative Law Judge’s Order
                                                  effective on March 14, 2016.                            (Act) or regulations when the                         Finding No Good Cause for a Late
                                                  CROSS-REFERENCES: SSR 85–23, ‘‘Title                    Government has decided not to seek                    Hearing Request and Dismissing the
                                                  XVI: Reopening Supplemental Security                    further review of that decision or is                 Request as Untimely—Titles II and XVI
                                                  Income Determinations at Any Time for                   unsuccessful on further review.                       of the Social Security Act.
                                                  ‘Similar Fault.’ ’’ SSR 16–2p, ‘‘Titles II                 This AR explains how we will apply                    ISSUE: May a claimant obtain judicial
                                                  and XVI: Evaluation of Claims Involving                 the holding in Boley v. Colvin to claims              review of an administrative law judge
                                                  the Issue of ‘‘Similar Fault’’ in the                   in which the claimant makes a late                    (ALJ)’s order finding no good cause for
                                                  Providing of Evidence.’’                                request for an ALJ hearing, the ALJ                   a late hearing request and dismissing
                                                  [FR Doc. 2016–05661 Filed 3–11–16; 8:45 am]             dismisses the hearing request and finds               the request as untimely?
                                                  BILLING CODE 4191–02–P                                  that the claimant lacked good cause for                  STATUTE/REGULATION/RULING
                                                                                                          missing the appeal deadline, and then                 CITATION: Sections 205(g) and
                                                                                                          the claimant timely seeks review of the               1631(c)(3) of the Social Security Act (42
                                                  SOCIAL SECURITY ADMINISTRATION                          ALJ’s dismissal by the Appeals Council                U.S.C. 405(g), 1383(c)(3)); 20 CFR
                                                                                                          (AC). We will apply this AR to all                    404.900(a), 404.901, 404.903(j),
                                                  [Docket No. SSA–2015–0070]
                                                                                                          claims in the Seventh Circuit in which                404.933(b)–(c), 404.955, 404.957,
                                                  Social Security Acquiescence Ruling                     the AC denied a request for review of                 404.959, 416.1400(a), 416.1401,
                                                  (AR) 16–1(7), Boley v. Colvin: Judicial                 such a dismissal on or after March 14,                416.1403(a)(8), 416.1433(b)–(c),
                                                  Review of an Administrative Law                         2016. If the AC denied a request for                  416.1455, 416.1457, 416.1459.
                                                  Judge’s Order Finding No Good Cause                     review of an ALJ dismissal between                       CIRCUIT: Seventh (Illinois, Indiana,
                                                  for a Late Hearing Request and                          August 4, 2014 (the date of the Court of              Wisconsin).
                                                  Dismissing the Request as Untimely—                     Appeals’ decision) and March 14, 2016                    APPLICABILITY OF RULING: This
                                                  Titles II and XVI of the Social Security                (the effective date of this AR), the                  ruling applies to claims in which a
                                                  Act                                                     claimant may request that we apply the                claimant resides in a State within the
                                                                                                          AR.                                                   Seventh Circuit and in which an ALJ
                                                  AGENCY: Social Security Administration.                    When we received this precedential                 entered an order finding no good cause
                                                  ACTION:Notice of Social Security                        Court of Appeals’ decision and                        for a late hearing request, the ALJ
                                                  Acquiescence Ruling (AR).                               determined that an AR might be                        dismissed the request as untimely, the
                                                                                                          required, we began to identify those                  claimant requested review by the
                                                  SUMMARY:   We are publishing this Social                claims that were pending before the                   Appeals Council (AC), and the AC
                                                  Security AR to explain how we will                      agency that might be subject to                       denied review.
                                                  apply a holding in a decision of the                    readjudication if we subsequently                        DESCRIPTION OF CASE: Marilyn
                                                  United States Court of Appeals for the                  issued an AR. Because we have                         Boley filed a claim for disability
                                                  Seventh Circuit that we have                            determined that an AR is required and                 insurance benefits. We denied her claim
                                                  determined conflicts with our                           are publishing this AR, we will send a                at the initial and reconsideration levels
                                                  interpretation of the law regarding                     notice to those individuals whose                     of administrative review. Although she
                                                  judicial review of an administrative law                claims we have identified. In the notice,             was represented by an attorney at the
                                                  judge’s (ALJ’s) order finding no good                   we will provide information about the                 time we denied her request for
                                                  cause for a late hearing request and                    AR and the claimant’s rights under the                reconsideration, we sent notice of the
                                                  dismissing the request as untimely.                     AR. However, claimants may request                    reconsidered determination to Ms.
                                                  DATES: Effective: March 14, 2016.                       that we apply this AR to their claims                 Boley, but not to her attorney. After
                                                  FOR FURTHER INFORMATION CONTACT:                        even if they did not receive a notice, as             learning that we had denied Ms. Boley’s
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Todd Lewellen, Office of the General                    provided in 20 CFR 404.985(b)(2) and                  request for reconsideration, the attorney
                                                  Counsel, Office of Program Law, Social                  416.1485(b)(2).                                       requested a hearing. An ALJ dismissed
                                                  Security Administration, 6401 Security                     If we later rescind this AR as obsolete,           that request as untimely because the
                                                  Boulevard, Baltimore, MD 21235–6401,                    we will publish a notice in the Federal               regulations at 20 CFR 404.933(b) and
                                                  (410) 965–3309, or TTY 410–966–5609,                    Register to that effect, as provided in 20            416.1433(b) require a claimant to
                                                  for information about this notice. For                  CFR 404.985(e) and 416.1485(e). If we                 request a hearing within 60 days of the
                                                  information on eligibility or filing for                decide to relitigate the issue covered by             claimant’s receipt of a reconsidered


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                                                                                Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices                                               13439

                                                  determination. While regulations allow                     Further, our regulations provide that              clarifies the definitions of knowingly
                                                  the ALJ to extend the time for requesting               a ‘‘decision’’ means ‘‘the decision made              and preponderance of the evidence. The
                                                  a hearing when a claimant has ‘‘good                    by the administrative law judge or the                Ruling also clarifies that we may find
                                                  cause’’ for the late request, the ALJ ruled             Appeals Council.’’ 20 CFR 404.901,                    that any individual or entity has
                                                  that Ms. Boley lacked good cause                        416.1401. Of direct relevance here, the               committed fraud or similar fault, and
                                                  because she had received the                            regulations distinguish between an                    that we may disregard evidence
                                                  reconsideration notice and could have                   ALJ’s ‘‘decision’’ and an ALJ’s dismissal             submitted by any individual or entity
                                                  filed a hearing request herself. Ms.                    of a claimant’s request for a hearing. An             that we find has committed fraud or
                                                  Boley filed a timely request for review                 ALJ’s decision is subject to review by                similar fault. In addition, the Ruling
                                                  of the ALJ’s dismissal order with the                   the agency’s AC and ultimately may be                 provides examples of such individuals
                                                  AC. When the AC denied her request for                  subject to judicial review. 20 CFR                    and entities.
                                                  review of the ALJ’s dismissal order, Ms.                404.955, 416.1455. An ALJ’s dismissal
                                                  Boley sought judicial review.                           of a hearing request, 20 CFR 404.957,                 DATES:   Effective Date: March 14, 2016.
                                                     HOLDING: The United States Court of                  416.1457, on the other hand, is not a                 FOR FURTHER INFORMATION CONTACT:       Dan
                                                  Appeals for the Seventh Circuit                         ‘‘decision’’ within the meaning of
                                                                                                                                                                O’Brien, Director of Office of Vocational
                                                  concluded that a claimant for Social                    section 205(g) of the Act. Rather, it is
                                                                                                                                                                Evaluation and Process Policy in the
                                                  Security benefits may obtain judicial                   binding unless vacated by an ALJ or the
                                                                                                          AC, and the dismissal of a hearing                    Office of Disability Policy, Social
                                                  review of an ALJ’s dismissal order
                                                  finding no good cause for a late hearing                request is not subject to judicial review.            Security Administration, 6401 Security
                                                  request after exhausting all available                  20 CFR 404.959, 416.1459.                             Boulevard, Baltimore, MD 21235–6401,
                                                  administrative remedies.                                   EXPLANATION OF HOW WE WILL                         (410) 597–1632 or TTY 410–966–5609,
                                                     STATEMENT AS TO HOW BOLEY                            APPLY THE BOLEY DECISION WITHIN                       for information about this notice. For
                                                  DIFFERS FROM THE AGENCY’S                               THE CIRCUIT:                                          information on eligibility or filing for
                                                  POLICY:                                                    This Ruling applies only to claims in              benefits, call our national toll-free
                                                     Unlike the holding in Boley, our                     which all the following criteria are met:             number, 1–800–772–1213 or TTY 1–
                                                  policy provides that an ALJ’s order                        1. The claimant did not timely request             800–325–0778, or visit our Internet site,
                                                  finding no good cause for a late hearing                a hearing before an ALJ;                              Social Security Online, at http://
                                                  request and dismissing the request as                      2. The ALJ dismissed the claimant’s                www.socialsecurity.gov.
                                                  untimely is not subject to judicial                     request for a hearing;
                                                                                                             3. The basis for the ALJ’s dismissal of            SUPPLEMENTARY INFORMATION:      Although
                                                  review. Section 205(g) of the Social
                                                                                                          the hearing request was that the                      we are not required to do so pursuant
                                                  Security Act, 42 U.S.C. 405(g), ‘‘clearly
                                                                                                          claimant failed to show good cause for                to 5 U.S.C. 552(a)(1) and (a)(2), we are
                                                  limits judicial review to a particular
                                                                                                          untimely filing of the hearing request;               publishing this SSR in accordance with
                                                  type of agency action, a ‘final decision
                                                                                                             4. The claimant timely filed a request             20 CFR 402.35(b)(1).
                                                  of the [Commissioner of Social Security]
                                                                                                          for the AC to review the ALJ’s dismissal
                                                  made after a hearing.’ ’’ Califano v.                                                                           Through SSRs, we convey to the
                                                                                                          of the hearing request;
                                                  Sanders, 430 U.S. 99, 108 (1977). The                      5. The AC denied the claimant’s                    public precedential decisions relating to
                                                  Supreme Court has also recognized that                  request for review; and                               the Federal old-age, survivors,
                                                  ‘‘the term ‘final decision’ is left                        6. The claimant resided in Indiana,                disability, supplemental security
                                                  undefined by the Act and its meaning is                 Illinois, or Wisconsin at the time the AC             income, and special veterans benefits
                                                  to be fleshed out by the                                denied review.                                        programs. We may base SSRs on
                                                  [Commissioner’s] regulations.’’                            If a case meets these criteria, we will            determinations or decisions made at all
                                                  Weinberger v. Salfi, 422 U.S. 749, 751                  send notice explaining that the claimant              levels of administrative adjudication,
                                                  (1975).                                                 may appeal the dismissal to the Federal               Federal court decisions, Commissioner’s
                                                     Under our regulations, the claimant                  district court for the judicial district in           decisions, opinions of the Office of the
                                                  must first obtain an ‘‘initial                          Illinois, Indiana, or Wisconsin in which              General Counsel, or other
                                                  determination’’ and then complete an                    the claimant resides.                                 interpretations of the law and
                                                  administrative review process                                                                                 regulations.
                                                                                                          [FR Doc. 2016–05663 Filed 3–11–16; 8:45 am]
                                                  consisting of several steps, ‘‘which
                                                  usually must be requested within                        BILLING CODE 4191–02–P                                  Although SSRs do not have the same
                                                  certain time periods,’’ 20 CFR                                                                                force and effect as statutes or
                                                  404.900(a), 416.1400(a), before obtaining                                                                     regulations, they are binding on all
                                                                                                          SOCIAL SECURITY ADMINISTRATION
                                                  a judicially reviewable ‘‘decision.’’ Not                                                                     components of the Social Security
                                                  all agency actions constitute ‘‘initial                 [Docket No. SSA–2015–0038]                            Administration, in accordance with 20
                                                  determinations’’ subject to the                                                                               CFR 402.35(b)(1), and are binding as
                                                  administrative review process and,                      Social Security Ruling, SSR 16–2p;                    precedents in adjudicating cases.
                                                  ultimately, judicial review. 20 CFR                     Titles II and XVI: Evaluation of Claims
                                                                                                          Involving Similar Fault in the Providing                This SSR will remain in effect until
                                                  404.903, 416.1403(a) (identifying                                                                             we publish a notice in the Federal
                                                  numerous administrative actions that                    of Evidence
                                                                                                                                                                Register that rescinds it, or we publish
                                                  are not initial determinations). For                    AGENCY:   Social Security Administration.             a new SSR that replaces or modifies it.
                                                  example, although we will extend the                    ACTION:   Notice of Social Security Ruling
                                                  time to seek a hearing upon a showing                                                                         (Catalog of Federal Domestic Assistance,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          (SSR).
                                                  of good cause, 20 CFR 404.933(c),                                                                             Programs Nos. 96.001, Social Security—
                                                  416.1433(c), an administrative action                   SUMMARY:  In accordance with 20 CFR                   Disability Insurance; 96.002, Social
                                                  denying a request to extend a time                      402.35(b)(1), the Commissioner of Social              Security—Retirement Insurance; 96.004,
                                                  period is not an initial determination                  Security gives notice of SSR 16–2p. This              Social Security—Survivors Insurance;
                                                  subject to the administrative review                    Ruling supersedes and replaces                        96.006—Supplemental Security Income.)
                                                  process or judicial review. 20 CFR                      previously published SSR 00–2p. It
                                                  404.903(j), 416.1403(a)(8).                             provides the definition of fraud, and


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Document Created: 2016-03-12 01:00:53
Document Modified: 2016-03-12 01:00:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Social Security Acquiescence Ruling (AR).
DatesEffective: March 14, 2016.
ContactTodd Lewellen, Office of the General Counsel, Office of Program Law, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-3309, or TTY 410-966-5609, for information about this notice. 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.
FR Citation81 FR 13438 

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