83 FR 22308 - Rescission of Social Security Ruling 05-02; Titles II and XVI: Determination of Substantial Gainful Activity if Substantial Work Activity Is Discontinued or Reduced-Unsuccessful Work Attempt
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 83, Issue 93 (May 14, 2018)
Federal Register Volume 83, Issue 93 (May 14, 2018)
| Page Range | 22308-22308 | |
| FR Document | 2018-10249 |
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)] [Notices] [Page 22308] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10249] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2014-0016] Rescission of Social Security Ruling 05-02; Titles II and XVI: Determination of Substantial Gainful Activity if Substantial Work Activity Is Discontinued or Reduced--Unsuccessful Work Attempt AGENCY: Social Security Administration. ACTION: Notice of rescission of Social Security Ruling 05-02. ----------------------------------------------------------------------- SUMMARY: The Office of the Commissioner gives notice of the rescission of Social Security Ruling (SSR) 05-02. DATES: This rescission is effective May 14, 2018. FOR FURTHER INFORMATION CONTACT: Kristine Erwin-Tribbitt, Office of Retirement and Disability Policy, Office of Research, Demonstration, and Employment Support, Social Security Administration, 6401 Security Boulevard, Robert Ball Building 3-A-26, Baltimore, MD 21235-6401, (410) 965-3353. 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: 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 General Counsel, or other interpretations of the law and regulations. On February 28, 2005, we published SSR 05-02, which provides guidance about determining whether substantial work activity that is discontinued or reduced below a specified level may be considered an unsuccessful work attempt (UWA) under the disability provisions of the law. SSR 05-02 explains the policies and procedures for evaluating a work effort of 3 months or less and work efforts between 3 and 6 months. On October 17, 2016, we published final rules, Unsuccessful Work Attempts and Expedited Reinstatement Eligibility, in the Federal Register at 81 FR 71367. These rules, among other things, removed some of the requirements for evaluation of an UWA that lasts between 3 and 6 months. Specifically, the rules removed the additional conditions that we used when we evaluated a work attempt in employment or self- employment that lasted between 3 and 6 months and provided that we now use one standard for work attempts lasting 6 months or less. Due to these final rules and the resulting simplification of our policies, SSR 05-02 is no longer correct. The final rules at 20 CFR 404.1574(c), 404.1575(d), 416.974(c), 416.975(d) (unsuccessful work attempts) were effective November 16, 2016. Consequently, we are rescinding SSR 05-02 as obsolete. Notice of this rescission is published in accordance with 20 CFR 402.35(b)(1). (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 Berryhill, Acting Commissioner of Social Security. [FR Doc. 2018-10249 Filed 5-11-18; 8:45 am] BILLING CODE 4191-02-P
![22308 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices
requires approximately one hour to SOCIAL SECURITY ADMINISTRATION the rules removed the additional
complete. Thus each potential conditions that we used when we
[Docket No. SSA–2014–0016]
respondent would incur on average one evaluated a work attempt in
burden hour in complying with the Rescission of Social Security Ruling employment or self-employment that
Rule. 05–02; Titles II and XVI: Determination lasted between 3 and 6 months and
of Substantial Gainful Activity if provided that we now use one standard
The Commission staff estimates that
Substantial Work Activity Is for work attempts lasting 6 months or
there could be as many as 18 responses less.
annually for an aggregate burden for all Discontinued or Reduced—
Due to these final rules and the
respondents of 18 hours. Each Unsuccessful Work Attempt
resulting simplification of our policies,
respondent’s related internal cost of AGENCY: Social Security Administration. SSR 05–02 is no longer correct. The
compliance for Rule 12f–3 would be ACTION: Notice of rescission of Social final rules at 20 CFR 404.1574(c),
$221.00, or, the cost of one hour of Security Ruling 05–02. 404.1575(d), 416.974(c), 416.975(d)
professional work of a paralegal needed (unsuccessful work attempts) were
to complete the application. The total SUMMARY: The Office of the effective November 16, 2016.
annual cost of compliance for all Commissioner gives notice of the Consequently, we are rescinding SSR
potential respondents, therefore, is rescission of Social Security Ruling 05–02 as obsolete. Notice of this
$3,978.00 (18 responses × $221.00/ (SSR) 05–02. rescission is published in accordance
response). DATES: This rescission is effective May with 20 CFR 402.35(b)(1).
Compliance with the application 14, 2018. (Catalog of Federal Domestic Assistance
requirements of Rule 12f–3 is FOR FURTHER INFORMATION CONTACT: Programs Nos. 96.001, Social Security—
Kristine Erwin-Tribbitt, Office of Disability Insurance; 96.002, Social
mandatory, though the filing of such Security—Retirement Insurance; 96.004,
applications is undertaken voluntarily. Retirement and Disability Policy, Office
Social Security—Survivors Insurance;
Rule 12f–3 does not have a record of Research, Demonstration, and
96.006—Supplemental Security Income)
retention requirement per se. However, Employment Support, Social Security
responses made pursuant to Rule 12f–3 Administration, 6401 Security Nancy Berryhill,
Boulevard, Robert Ball Building 3–A– Acting Commissioner of Social Security.
are subject to the recordkeeping
26, Baltimore, MD 21235–6401, (410) [FR Doc. 2018–10249 Filed 5–11–18; 8:45 am]
requirements of Rules 17a–3 and 17a–4
965–3353. For information on eligibility BILLING CODE 4191–02–P
of the Act. Information received in or filing for benefits, call our national
response to Rule 12f–3 shall not be kept toll-free number 1–800–772–1213, or
confidential; the information collected TTY 1–800–325–0778, or visit our
is public information. DEPARTMENT OF TRANSPORTATION
internet site, Social Security online, at
An agency may not conduct or http://www.socialsecurity.gov. Federal Aviation Administration
sponsor, and a person is not required to SUPPLEMENTARY INFORMATION: Through [Summary Notice No. PE–2018–48]
respond to, a collection of information SSRs, we make available to the public
under the PRA unless it displays a precedential decisions relating to the Petition for Exemption; Summary of
currently valid OMB control number. Federal old-age, survivors, disability, Petition Received; The Boeing
The public may view background supplemental security income, and Company
documentation for this information special veterans benefits programs. We
may base SSRs on determinations or AGENCY: Federal Aviation
collection at the following website: Administration (FAA), DOT.
www.reginfo.gov. Comments should be decisions made at all levels of
administrative adjudication, Federal ACTION: Notice of petition for exemption
directed to: (i) Desk Officer for the received.
court decisions, Commissioner’s
Securities and Exchange Commission,
decisions, opinions of the Office of SUMMARY: This notice contains a
Office of Information and Regulatory General Counsel, or other
Affairs, Office of Management and summary of a petition seeking relief
interpretations of the law and from specified requirements of Federal
Budget, Room 10102, New Executive regulations.
Office Building, Washington, DC 20503, Aviation Regulations. The purpose of
On February 28, 2005, we published this notice is to improve the public’s
or by sending an email to: Shagufta_ SSR 05–02, which provides guidance
Ahmed@omb.eop.gov; and (ii) Pamela awareness of, and participation in, the
about determining whether substantial FAA’s exemption process. Neither
Dyson, Director/Chief Information work activity that is discontinued or publication of this notice nor the
Officer, Securities and Exchange reduced below a specified level may be inclusion or omission of information in
Commission, c/o Remi Pavlik-Simon, considered an unsuccessful work the summary is intended to affect the
100 F Street NE, Washington, DC 20549 attempt (UWA) under the disability legal status of the petition or its final
or send an email to: PRA_Mailbox@ provisions of the law. SSR 05–02 disposition.
sec.gov. Comments must be submitted to explains the policies and procedures for
OMB within 30 days of this notice. evaluating a work effort of 3 months or DATES: Comments on this petition must
less and work efforts between 3 and 6 identify the petition docket number and
Dated: May 8, 2018. must be received on or before June 4,
months.
Eduardo A. Aleman, On October 17, 2016, we published 2018.
amozie on DSK3GDR082PROD with NOTICES
Assistant Secretary. final rules, Unsuccessful Work Attempts ADDRESSES: Send comments identified
[FR Doc. 2018–10147 Filed 5–11–18; 8:45 am] and Expedited Reinstatement Eligibility, by docket number FAA–2017–0613
BILLING CODE 8011–01–P in the Federal Register at 81 FR 71367. using any of the following methods:
These rules, among other things, • Federal eRulemaking Portal: Go to
removed some of the requirements for http://www.regulations.gov and follow
evaluation of an UWA that lasts the online instructions for sending your
between 3 and 6 months. Specifically, comments electronically.
VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1](https://thefederalregister.org/doc/83_FR_22401/page/1.svg)
Document Created: 2018-05-12 01:11:22
Document Modified: 2018-05-12 01:11:22
| 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 rescission of Social Security Ruling 05-02. | |
| Dates | This rescission is effective May 14, 2018. | |
| Contact | Kristine Erwin-Tribbitt, Office of Retirement and Disability Policy, Office of Research, Demonstration, and Employment Support, Social Security Administration, 6401 Security Boulevard, Robert Ball Building 3-A-26, Baltimore, MD 21235-6401, (410) 965-3353. 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 | 83 FR 22308 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR