82 FR 12270 - Social Security Ruling 17-1p; Titles II and XVI: Reopening Based on Error on the Face of the Evidence-Effect of a Decision by the Supreme Court of the United States Finding a Law That We Applied To Be Unconstitutional
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 82, Issue 39 (March 1, 2017)
Federal Register Volume 82, Issue 39 (March 1, 2017)
| Page Range | 12270-12272 | |
| FR Document | 2017-03932 |
[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)] [Notices] [Pages 12270-12272] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03932] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2016-0029] Social Security Ruling 17-1p; Titles II and XVI: Reopening Based on Error on the Face of the Evidence--Effect of a Decision by the Supreme Court of the United States Finding a Law That We Applied To Be Unconstitutional AGENCY: Social Security Administration. ACTION: Notice of Social Security Ruling (SSR). ----------------------------------------------------------------------- SUMMARY: We are giving notice of SSR 17-1p. This SSR explains how we apply our reopening rules when we have applied a Federal or State law to a claim for benefits that the Supreme Court of the United States later determines to be unconstitutional, and we find the application of that law was material to our determination or decision. We expect that this ruling will clarify our policy in light of recent questions that we have received on this issue. DATES: Effective Date: March 1, 2017. FOR FURTHER INFORMATION CONTACT: Peter Smith, Office of Income Security Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 966-3235. 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 SSR, we are doing so under 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 [[Page 12271]] 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. Although SSRs do not have the same force and effect as statutes or regulations, they are binding on all components of the Social Security Administration. 20 CFR 402.35(b)(1). This SSR will remain in effect until we publish a notice in the Federal Register that rescinds it, or we publish a new SSR that replaces or modifies it. (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; 96.006 Supplemental Security Income.) Nancy A. Berryhill, Acting Commissioner of Social Security. POLICY INTERPRETATION RULING SSR 17-1p: TITLES II AND XVI: REOPENING BASED ON ERROR ON THE FACE OF THE EVIDENCE--EFFECT OF A DECISION BY THE SUPREME COURT OF THE UNITED STATES FINDING A LAW THAT WE APPLIED TO BE UNCONSTITUTIONAL PURPOSE: In recent years, we have received a number of questions regarding how our reopening rules should be applied when we applied a Federal or State law in making our determination or decision, and the Supreme Court of the United States later determines that the law we applied is unconstitutional. The issue has arisen most recently in light of the Supreme Court's decisions regarding the constitutionality of the Defense of Marriage Act in United States v. Windsor, 133 S. Ct. 2675 (2013) and the constitutionality of State law bans on same-sex marriage in Obergefell v. Hodges, 135 S. Ct. 2584 (2015). We are issuing this SSR to explain our policy on reopening a determination or decision due to an error on the face of the evidence when, in making that determination or decision, we applied a Federal or State law that the Supreme Court of the United States later determines to be unconstitutional, and we find that application of that law was material to our determination or decision. CITATIONS: Sections 702(a)(5) of the Social Security Act, as amended; 20 CFR 404.988, 404.989, 416.1488, 416.1489. BACKGROUND: Generally, if a claimant is dissatisfied with a determination or decision made in the administrative review process, but does not request further review within the stated time period, he or she loses the right to further review and that determination or decision becomes final.\1\ However, under our rules of administrative finality, in limited circumstances, either on our own initiative or at the request of a party, we may reopen and revise a determination or decision that is otherwise final.\2\ Our regulations set out the grounds for reopening and the timeframes for doing so. In many cases, we may reopen and revise a determination or decision only within specified time limits for ``good cause.'' \3\ In other cases, there are no regulatory time limits for reopening.\4\ Under our regulations, we may find ``good cause'' to reopen in part when we find that there is an error on the face of the evidence, as described in the relevant regulations.\5\ --------------------------------------------------------------------------- \1\ 20 CFR 404.987(a), 416.1487(a). \2\ 20 CFR 404.987(b), 416.1487(b). \3\ See e.g., 20 CFR 404.988(b), 416.1488(b). \4\ 20 CFR 404.988(c)(8) (Under title II, we may reopen a determination or decision at any time if it was fully or partially unfavorable to a party to correct ``an error that appears on the face of the evidence that was considered when the determination or decision was made.'') \5\ 20 CFR 404.989(a)(3) (Under title II, we may reopen a determination or decision for good cause within four years of the date of the notice of initial determination when the ``evidence that was considered in making the determination or decision clearly shows on its face that an error was made.''), 416.1489(a)(3) (Under title XVI, we may reopen a determination or decision for good cause within two years of the date of the notice of initial determination when the ``evidence that was considered in making the determination or decision clearly shows on its face that an error was made.'') --------------------------------------------------------------------------- Our regulations do not further specify what constitutes grounds for reopening a determination or decision based on an ``error on the face of the evidence.'' Under our longstanding policy, a legal error may constitute an error on the face of the evidence.\6\ However, our regulations also explain that we will not find ``good cause'' to reopen a prior determination or decision based solely on a ``change of legal interpretation or administrative ruling upon which the determination or decision was made.'' \7\ --------------------------------------------------------------------------- \6\ Social Security Ruling 85-6c (https://www.ssa.gov/OP_Home/rulings/di/05/SSR85-06-di-05.html). \7\ 20 CFR 404.989(b), 416.1489(b). --------------------------------------------------------------------------- In recent years, we have received questions about whether and how we may apply our reopening rules when we made a determination or decision by applying a Federal or State law that the Supreme Court of the United States later determines to be unconstitutional. We are issuing this SSR to explain how we interpret the reopening rules in this specific situation to ensure that our adjudicators interpret and apply our reopening rules correctly and consistently. POLICY INTERPRETATION: When we make a determination or decision by applying a Federal or State law that the Supreme Court of the United States later determines to be unconstitutional, and we find that application of that law was material \8\ to our determination or decision, we may reopen the determination or decision within the time frames specified in our regulations based on an error on the face of the evidence under 20 CFR 404.988(b), 404.988(c)(8), 404.989(a)(3), 416.1488(b), and 416.1489(a)(3). In this specific situation, we do not consider a holding by the Supreme Court that a Federal or State law is unconstitutional to be a ``change of legal interpretation or administrative ruling upon which the determination or decision was made,'' as contemplated in 20 CFR 404.989(b) and 416.1489(b). --------------------------------------------------------------------------- \8\ For purposes of this Ruling, this type of error on the face of the evidence is ``material'' to our determination or decision when our application of a Federal or State law that the Supreme Court of the United States later determines to be unconstitutional affected the individual's entitlement to title II benefits, the individual's eligibility for title XVI payments, or the amount of the individual's title II benefits or title XVI payments. --------------------------------------------------------------------------- Under our policy, the rules governing a change in legal interpretation apply when a policy or legal precedent that we previously adhered to in the adjudication of cases, which was correct and reasonable when made, is changed as a result of subsequent court decisions or other applicable legal precedents or new policy considerations.\9\ When we have made a determination or decision by applying a Federal or State law that the Supreme Court of the United States later determines to be unconstitutional, the application of that law would not have been correct and reasonable when made. Consequently, we do not interpret the change in legal interpretation criteria in our rules to prevent us from applying our reopening rules in that specific situation. Accordingly, we may reopen a determination or decision based on an error on the face of the evidence in the limited circumstance where all of the following criteria are met: 1) we made our determination or decision by applying a Federal or State law that the Supreme Court of the United States later determines to be unconstitutional; 2) we find that the application of that law was [[Page 12272]] material to our determination or decision; and 3) we reopen and revise the determination or decision within the following time frames: --------------------------------------------------------------------------- \9\ See Program Operations Manual System GN 04001.100A (https://secure.ssa.gov/apps10/poms.nsf/lnx/0204001100). ---------------------------------------------------------------------------For claims under title II of the Social Security Act (Act), within four years of the notice of the initial determination, for good cause, under 20 CFR 404.988(b), 404.989(a)(3); For claims under title II of the Act, at any time, if the determination or decision was fully or partially unfavorable, under 20 CFR 404.988(c)(8); and For claims under title XVI of the Act, within two years of the notice of the initial determination, for good cause, under 20 CFR 416.1488(b), 416.1489(a)(3). CROSS REFERENCES: Social Security Ruling 85-6c; Program Operations Manual System GN 04001.100A, GN 04010.020, GN 04020.080. [FR Doc. 2017-03932 Filed 2-28-17; 8:45 am] BILLING CODE 4191-02-P
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C. Self-Regulatory Organization’s At any time within 60 days of the office of the Exchange. All comments
Statement on Comments on the filing of the proposed rule change, the received will be posted without change;
Proposed Rule Change Received From Commission summarily may the Commission does not edit personal
Members, Participants, or Others temporarily suspend such rule change if identifying information from
No written comments were either it appears to the Commission that such submissions. You should submit only
solicited or received. action is: (i) Necessary or appropriate in information that you wish to make
the public interest; (ii) for the protection available publicly. All submissions
III. Date of Effectiveness of the of investors; or (iii) otherwise in should refer to File Number SR–ISE–
Proposed Rule Change and Timing for furtherance of the purposes of the Act. 2017–15 and should be submitted on or
Commission Action If the Commission takes such action, the before March 22, 2017.
Because the foregoing proposed rule Commission shall institute proceedings For the Commission, by the Division of
change does not: (i) Significantly affect to determine whether the proposed rule Trading and Markets, pursuant to delegated
the protection of investors or the public should be approved or disapproved. authority.13
interest; (ii) impose any significant Robert W. Errett,
IV. Solicitation of Comments
burden on competition; and (iii) become Deputy Secretary.
operative for 30 days from the date on Interested persons are invited to
[FR Doc. 2017–03984 Filed 2–28–17; 8:45 am]
which it was filed, or such shorter time submit written data, views, and
BILLING CODE 8011–01–P
as the Commission may designate, it has arguments concerning the foregoing,
become effective pursuant to Section including whether the proposed rule
19(b)(3)(A)(iii) of the Act 8 and change is consistent with the Act.
Comments may be submitted by any of SOCIAL SECURITY ADMINISTRATION
subparagraph (f)(6) of Rule 19b–4
thereunder.9 the following methods: [Docket No. SSA–2016–0029]
A proposed rule change filed
Electronic Comments Social Security Ruling 17–1p; Titles II
pursuant to Rule 19b–4(f)(6) under the
Act 10 normally does not become • Use the Commission’s Internet and XVI: Reopening Based on Error on
operative for 30 days after the date of its comment form (http://www.sec.gov/ the Face of the Evidence—Effect of a
filing. However, Rule 19b–4(f)(6)(iii) 11 rules/sro.shtml); or Decision by the Supreme Court of the
permits the Commission to designate a • Send an email to rule-comments@ United States Finding a Law That We
shorter time if such action is consistent sec.gov. Please include File Number SR– Applied To Be Unconstitutional
with the protection of investors and the ISE–2017–15 on the subject line.
AGENCY: Social Security Administration.
public interest. The Exchange has asked Paper Comments ACTION: Notice of Social Security Ruling
the Commission to waive the 30-day
operative delay so that the proposal may • Send paper comments in triplicate (SSR).
become operative immediately upon to Secretary, Securities and Exchange
SUMMARY: We are giving notice of SSR
filing. The Commission believes that Commission, 100 F Street NE.,
17–1p. This SSR explains how we apply
waiving the 30-day operative delay is Washington, DC 20549–1090.
our reopening rules when we have
consistent with the protection of All submissions should refer to File applied a Federal or State law to a claim
investors and the public interest. The Number SR–ISE–2017–15. This file for benefits that the Supreme Court of
Exchange represents that waiver of the number should be included on the the United States later determines to be
operative delay would provide the subject line if email is used. To help the unconstitutional, and we find the
Exchange additional time to implement Commission process and review your application of that law was material to
the Directed Orders functionality and comments more efficiently, please use our determination or decision. We
ensure that it is properly functioning only one method. The Commission will expect that this ruling will clarify our
prior to implementation on INET. The post all comments on the Commission’s policy in light of recent questions that
Exchange states that it provided notice Internet Web site (http://www.sec.gov/ we have received on this issue.
of the proposed rule change to Members rules/sro.shtml). Copies of the DATES: Effective Date: March 1, 2017.
on February 17, 2017. The Commission submission, all subsequent
FOR FURTHER INFORMATION CONTACT:
notes that the Exchange represents that amendments, all written statements
there will be no adverse effect from with respect to the proposed rule Peter Smith, Office of Income Security
turning off this functionality for a short change that are filed with the Programs, Social Security
period of time because no market Commission, and all written Administration, 6401 Security
participant has utilized the Directed communications relating to the Boulevard, Baltimore, MD 21235–6401,
Orders functionality in the last thirteen proposed rule change between the (410) 966–3235. For information on
months. Accordingly, the Commission Commission and any person, other than eligibility or filing for benefits, call our
hereby waives the operative delay and those that may be withheld from the national toll-free number 1–800–772–
designates the proposal operative upon public in accordance with the 1213, or TTY 1–800–325–0778, or visit
filing.12 provisions of 5 U.S.C. 552, will be our Internet site, Social Security online,
available for Web site viewing and at http://www.socialsecurity.gov.
8 15 U.S.C. 78s(b)(3)(A)(iii). printing in the Commission’s Public SUPPLEMENTARY INFORMATION: Although
9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Reference Room, 100 F Street NE., 5 U.S.C. 552(a)(1) and (a)(2) do not
4(f)(6) requires a self-regulatory organization to give
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Washington, DC 20549, on official require us to publish this SSR, we are
the Commission written notice of its intent to file
the proposed rule change at least five business days business days between the hours of doing so under 20 CFR 402.35(b)(1).
prior to the date of filing of the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the Through SSRs, we make available to
change, or such shorter time as designated by the
filing also will be available for the public precedential decisions
Commission. The Commission has waived the five- relating to the Federal old-age,
day prefiling requirement in this case. inspection and copying at the principal
10 17 CFR 240.19b–4(f)(6). survivors, disability, supplemental
11 17 CFR 240.19b–4(f)(6)(iii).
considered the proposed rule’s impact on security income, and special veterans
12 For purposes only of waiving the 30-day efficiency, competition, and capital formation. See
operative delay, the Commission has also 15 U.S.C. 78c(f). 13 17 CFR 200.30–3(a)(12).
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![12272 Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Notices
material to our determination or For Further Information Contact: For 36098, must be filed with the Surface
decision; and 3) we reopen and revise further information, including an object Transportation Board, 395 E Street SW.,
the determination or decision within the list, contact the Office of Public Washington, DC 20423–0001. In
following time frames: Diplomacy and Public Affairs in the addition, one copy of each pleading
• For claims under title II of the Office of the Legal Adviser, U.S. must be served on Charles H. Montange,
Social Security Act (Act), within four Department of State (telephone: 202– 426 NW 162d St., Seattle, WA 98177.
years of the notice of the initial 632–6471; email: section2459@ According to BG&CM, this action is
determination, for good cause, under 20 state.gov). The mailing address is U.S. categorically excluded from
CFR 404.988(b), 404.989(a)(3); Department of State, L/PD, SA–5, Suite environmental review under 49 CFR
• For claims under title II of the Act, 5H03, Washington, DC 20522–0505. 1105.6(c).
at any time, if the determination or Board decisions and notices are
Alyson Grunder,
decision was fully or partially available on our Web site at
unfavorable, under 20 CFR Deputy Assistant Secretary for Policy, Bureau WWW.STB.GOV.
of Educational and Cultural Affairs,
404.988(c)(8); and Department of State. Decided: February 24, 2017.
• For claims under title XVI of the By the Board, Rachel D. Campbell,
[FR Doc. 2017–04039 Filed 2–28–17; 8:45 am]
Act, within two years of the notice of Director, Office of Proceedings.
BILLING CODE 4710–05–P
the initial determination, for good Jeffrey Herzig,
cause, under 20 CFR 416.1488(b),
Clearance Clerk.
416.1489(a)(3).
SURFACE TRANSPORTATION BOARD [FR Doc. 2017–03977 Filed 2–28–17; 8:45 am]
CROSS REFERENCES: Social Security
BILLING CODE 4915–01–P
Ruling 85–6c; Program Operations [Docket No. FD 36098]
Manual System GN 04001.100A, GN
04010.020, GN 04020.080. BG & CM Railroad, Inc.—Acquisition
and Operation Exemption—Rail Line of SURFACE TRANSPORTATION BOARD
[FR Doc. 2017–03932 Filed 2–28–17; 8:45 am]
Great Northwest Railroad, Inc. [Docket No. FD 36099; Docket No. FD
BILLING CODE 4191–02–P
36100; Docket No. FD 36101; Docket No.
BG & CM Railroad, Inc. (BG&CM), a FD 36102]
Class III rail carrier, has filed a verified
notice of exemption under 49 CFR Indiana Harbor Belt Railroad
DEPARTMENT OF STATE
1150.41 to acquire from Great Northwest Company—Trackage Rights—
[Public Notice 9900] Railroad, Inc. (GNR), and operate Consolidated Rail Corporation, CSX
approximately 27.5 miles of rail line Transportation, Inc., and Norfolk
Notice of Determinations; Culturally (the Line), between milepost 3.5 at or Southern Railway Company; CSX
Significant Object Imported for near Konkolville, Idaho, to the end of Transportation, Inc.—Trackage
Exhibition Determinations: the Line at milepost 31.0 at or near Rights—Consolidated Rail Corporation
‘‘Michelangelo: Divine Draftsman and Jaype, Idaho, in Clearwater County, and Norfolk Southern Railway
Designer’’ Exhibition Idaho.1 Company; Norfolk Southern Railway
BG&CM certifies that the projected Company—Trackage Rights—
Summary: Notice is hereby given of annual revenues as a result of this Consolidated Rail Corporation and
the following determinations: Pursuant transaction will not result in the CSX Transportation, Inc.; and
to the authority vested in me by the Act creation of a Class II or Class I rail Consolidated Rail Corporation—
of October 19, 1965 (79 Stat. 985; 22 carrier and will not exceed $5 million. Trackage Rights—CSX Transportation,
U.S.C. 2459), E.O. 12047 of March 27, BG&CM further certifies that the Inc. and Norfolk Southern Railway
1978, the Foreign Affairs Reform and transaction does not include Company
Restructuring Act of 1998 (112 Stat. interchange commitments.
2681, et seq.; 22 U.S.C. 6501 note, et The transaction may be consummated The Indiana Harbor Belt Railroad
seq.), Delegation of Authority No. 234 of on March 15, 2017, the effective date of Company (IHB), Consolidated Rail
October 1, 1999, Delegation of Authority the exemption (30 days after the Corporation (Conrail), CSX
No. 236–3 of August 28, 2000 (and, as exemption was filed). Transportation, Inc. (CSXT), and
appropriate, Delegation of Authority No. If the notice contains false or Norfolk Southern Railway Company
257–1 of December 11, 2015), I hereby misleading information, the exemption (NSR) (collectively, the Parties) have
determine that an object to be included is void ab initio. Petitions to revoke the submitted four combined verified
in the exhibition ‘‘Michelangelo: Divine exemption under 49 U.S.C. 10502(d) notices of exemption in these four
Draftsman and Designer,’’ imported may be filed at any time. The filing of dockets pursuant to the class exemption
from abroad for temporary exhibition a petition to revoke will not at 49 CFR 1180.27(d)(7) for trackage
within the United States, is of cultural automatically stay the transaction. rights over rail lines and ancillary
significance. The object is imported Petitions for stay must be filed no later trackage owned by Conrail, CSXT, and
pursuant to a loan agreement with the than March 8, 2017 (at least 7 days NSR in the vicinity of Gibson and
foreign owner or custodian. I also before the exemption becomes Ivanhoe, Ind., and Calumet Park, Ill. The
determine that the exhibition or display effective). trackage rights are pursuant to a written
of the exhibit object at The Metropolitan
asabaliauskas on DSK3SPTVN1PROD with NOTICES
An original and 10 copies of all trackage rights agreement (Agreement)
Museum of Art, New York, New York, pleadings, referring to Docket No. FD to be entered into among IHB, Conrail,
from on or about November 6, 2017, CSXT, and NSR.1
until on or about February 12, 2018, and 1 The Line was authorized for abandonment in
at possible additional exhibitions or 2004. See Great Nw. R.R.—Aban. in Clearwater Cty., 1 The Parties state that, pursuant to 49 CFR
venues yet to be determined, is in the Idaho., AB 872X (STB served Nov. 1, 2004). 1180.6(a)(7), a copy of the executed Agreement will
However, the abandonment was never be filed with the Board within 10 days of its
national interest. I have ordered that consummated due to an unfulfilled historic execution. A redacted copy of the Agreement was
Public Notice of these Determinations preservation condition, and the Line remains an filed with the notices of exemption. An unredacted
be published in the Federal Register. active line of railroad. copy also was filed under seal along with a motion
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Document Created: 2017-03-01 03:39:13
Document Modified: 2017-03-01 03:39:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Social Security Ruling (SSR). | |
| Dates | Effective Date: March 1, 2017. | |
| Contact | Peter Smith, Office of Income Security Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 966-3235. 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 Citation | 82 FR 12270 |
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