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)

The Office of the Commissioner gives notice of the rescission of Social Security Ruling (SSR) 05-02.

[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