83 FR 27816 - Social Security Rulings (SSRs) 96-3p and 96-4p; Rescission of SSRs 96-3p and 96-4p
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 83, Issue 115 (June 14, 2018)
Federal Register Volume 83, Issue 115 (June 14, 2018)
| Page Range | 27816-27816 | |
| FR Document | 2018-12820 |
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)] [Notices] [Page 27816] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12820] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2017-0030] Social Security Rulings (SSRs) 96-3p and 96-4p; Rescission of SSRs 96-3p and 96-4p AGENCY: Social Security Administration. ACTION: Notice of rescission of SSRs. ----------------------------------------------------------------------- SUMMARY: We give notice of the rescission of SSRs 96-3p and 96-4p. DATES: We will apply this rescission notice on June 14, 2018. FOR FURTHER INFORMATION CONTACT: Dan O'Brien, Office of Vocational, Evaluation, and Process Policy in the Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 597-1632. 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: We use SSRs to 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 in 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. In accordance with 20 CFR 402.35(b)(1), we give notice that we are rescinding the following SSRs:SSR 96-3p: Titles II and XVI: Considering Allegations of Pain and Other Symptoms in Determining Whether a Medically Determinable Impairment is Severe. SSR 96-4p: Titles II and XVI: Symptoms, Medically Determinable Physical and Mental Impairments, and Exertional and Nonexertional Limitations. These SSRs are unnecessarily duplicative of SSR 16-3p Titles II and XVI: Evaluation of Symptoms in Disability Claims, which was applicable on March 28, 2016, published in the Federal Register on March 16, 2016, 81 FR 14166.\1\ SSR 16-3p, a more comprehensive statement of our policy on symptoms, explains how we evaluate the extent to which alleged symptoms limit an adult's ability to perform work-related activities and a child's ability to function effectively in an age-appropriate manner. --------------------------------------------------------------------------- \1\ On March 24, 2016, we published a correction notice in the Federal Register that amended and corrected the effective date of SSR 16-3p (81 FR 15776). On October 25, 2017, we published a notice of Social Security Ruling in the Federal Register that changes the ``effective date'' to ``applicable date'' and revises the Social Security Ruling to explain how we apply the Ruling as it relates to the applicable date (82 FR 49462). --------------------------------------------------------------------------- SSR 96-3p clarified how adjudicators should consider allegations of pain and other symptoms in determining whether a medically determinable impairment (MDI) is severe. SSR 16-3p explains our two-step process for evaluating an individual's symptoms where, at the first step, we determine whether the individual has an MDI that could reasonably be expected to produce the individual's alleged symptoms. At the second step, we evaluate the intensity and persistence of an individual's symptoms such as pain and determine the extent to which an individual's symptoms limit his or her ability to perform work-related activities for an adult or to function independently, appropriately, and effectively in an age-appropriate manner for a child with a title XVI disability claim. SSR 16-3p explains that we will consider symptoms and functional limitations to determine whether an impairment is severe unless the objective medical evidence alone establishes a severe MDI or combination of impairments that meets our duration requirement. Therefore, the information contained in SSR 96-3p duplicates policy in SSR 16-3p. SSR 96-4p explained that no symptom, by itself, could establish the existence of a medically determinable physical or mental impairment. In SSR 16-3p, we clarified that an individual's symptoms alone are not enough to establish the existence of a physical or mental impairment or disability, and that we will not find an individual disabled based on alleged symptoms alone. Therefore, the information contained in SSR 96- 4p duplicates policy in SSR 16-3p. Consequently, we are rescinding SSRs 96-3p and 96-4p. (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 A. Berryhill, Acting Commissioner of Social Security. [FR Doc. 2018-12820 Filed 6-13-18; 8:45 am] BILLING CODE 4191-02-P
![27816 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices
Act, in particular the requirements of Whether a Medically Determinable that we will not find an individual
Section 17A of the Act 77 and the rules Impairment is Severe. disabled based on alleged symptoms
and regulations thereunder. • SSR 96–4p: Titles II and XVI: alone. Therefore, the information
It is therefore ordered, pursuant to Symptoms, Medically Determinable contained in SSR 96–4p duplicates
Section 19(b)(2) of the Act, that Physical and Mental Impairments, and policy in SSR 16–3p. Consequently, we
proposed rule change SR–FICC–2018– Exertional and Nonexertional are rescinding SSRs 96–3p and 96–4p.
003 be, and hereby is, Approved.78 Limitations. (Catalog of Federal Domestic Assistance,
For the Commission, by the Division of These SSRs are unnecessarily Programs Nos. 96.001, Social Security—
Trading and Markets, pursuant to delegated duplicative of SSR 16–3p Titles II and Disability Insurance; 96.002, Social
authority.79 XVI: Evaluation of Symptoms in Security— Retirement Insurance; 96.004,
Eduardo A. Aleman, Disability Claims, which was applicable Social Security—Survivors Insurance;
on March 28, 2016, published in the 96.006—Supplemental Security Income.)
Assistant Secretary.
Federal Register on March 16, 2016, 81 Nancy A. Berryhill,
[FR Doc. 2018–12754 Filed 6–13–18; 8:45 am]
FR 14166.1 SSR 16–3p, a more
BILLING CODE 8011–01–P Acting Commissioner of Social Security.
comprehensive statement of our policy
[FR Doc. 2018–12820 Filed 6–13–18; 8:45 am]
on symptoms, explains how we evaluate
BILLING CODE 4191–02–P
the extent to which alleged symptoms
SOCIAL SECURITY ADMINISTRATION limit an adult’s ability to perform work-
[Docket No. SSA–2017–0030] related activities and a child’s ability to
SOCIAL SECURITY ADMINISTRATION
function effectively in an age-
Social Security Rulings (SSRs) 96–3p appropriate manner. [Docket No. SSA–2015–0003]
and 96–4p; Rescission of SSRs 96–3p SSR 96–3p clarified how adjudicators
and 96–4p should consider allegations of pain and Privacy Act of 1974; System of
other symptoms in determining whether Records
AGENCY: Social Security Administration.
a medically determinable impairment AGENCY: Deputy Commissioner of
ACTION: Notice of rescission of SSRs. (MDI) is severe. SSR 16–3p explains our Budget, Finance, and Management,
SUMMARY: We give notice of the two-step process for evaluating an Social Security Administration (SSA).
rescission of SSRs 96–3p and 96–4p. individual’s symptoms where, at the ACTION: Notice of a new system of
first step, we determine whether the records.
DATES: We will apply this rescission
individual has an MDI that could
notice on June 14, 2018. reasonably be expected to produce the SUMMARY: In accordance with the
FOR FURTHER INFORMATION CONTACT: Dan individual’s alleged symptoms. At the Privacy Act, we are issuing public
O’Brien, Office of Vocational, second step, we evaluate the intensity notice of our intent to establish a new
Evaluation, and Process Policy in the and persistence of an individual’s system of records entitled, Social
Office of Disability Policy, Social symptoms such as pain and determine Security Administration Violence
Security Administration, 6401 Security the extent to which an individual’s Evaluation and Reporting System
Boulevard, Baltimore, MD 21235–6401, symptoms limit his or her ability to (SSAvers) (60–0379). We are
(410) 597–1632. For information on perform work-related activities for an establishing SSAvers to cover
eligibility or filing for benefits, call our adult or to function independently, information we collect about employees,
national toll-free number, 1–800–772– appropriately, and effectively in an age- contractors, and members of the public
1213 or visit our internet site, Social appropriate manner for a child with a who are allegedly involved in, or
Security Online, at http:// title XVI disability claim. SSR 16–3p witness incidents of, workplace and
www.socialsecurity.gov. explains that we will consider domestic violence.
SUPPLEMENTARY INFORMATION: We use symptoms and functional limitations to DATES: The System of Records Notice
SSRs to make available to the public determine whether an impairment is (SORN) is applicable upon its
precedential decisions relating to the severe unless the objective medical publication in today’s Federal Register,
Federal old-age, survivors, disability, evidence alone establishes a severe MDI with the exception of the routine uses
supplemental security income, and or combination of impairments that which are effective July 16, 2018. We
special veterans benefits programs. We meets our duration requirement. invite public comment on the routine
may base SSRs on determinations or Therefore, the information contained in uses or other aspects of this SORN. In
decisions made in our administrative SSR 96–3p duplicates policy in SSR 16– accordance with 5 U.S.C. 552a(e)(4) and
review process, Federal court decisions, 3p. (e)(11), the public is given a 30-day
decisions of our Commissioner, SSR 96–4p explained that no period in which to submit comments.
opinions from our Office of the General symptom, by itself, could establish the Therefore, please submit any comments
Counsel, or other interpretations of law existence of a medically determinable by July 16, 2018.
and regulations. physical or mental impairment. In SSR ADDRESSES: The public, Office of
In accordance with 20 CFR 16–3p, we clarified that an individual’s Management and Budget (OMB), and
402.35(b)(1), we give notice that we are symptoms alone are not enough to Congress may comment on this
rescinding the following SSRs: establish the existence of a physical or publication by writing to the Executive
• SSR 96–3p: Titles II and XVI: mental impairment or disability, and Director, Office of Privacy and
Considering Allegations of Pain and Disclosure, Office of the General
daltland on DSKBBV9HB2PROD with NOTICES
1 On March 24, 2016, we published a correction
Other Symptoms in Determining Counsel, SSA, Room G–401 West High
notice in the Federal Register that amended and
corrected the effective date of SSR 16–3p (81 FR Rise, 6401 Security Boulevard,
77 15 U.S.C. 78q–1. 15776). On October 25, 2017, we published a notice Baltimore, Maryland 21235–6401, or
78 In approving the proposed rule change, the of Social Security Ruling in the Federal Register through the Federal e-Rulemaking Portal
Commission considered the proposals’ impact on that changes the ‘‘effective date’’ to ‘‘applicable
efficiency, competition, and capital formation. 15 date’’ and revises the Social Security Ruling to
at http://www.regulations.gov, please
U.S.C. 78c(f). explain how we apply the Ruling as it relates to the reference docket number SSA–2015–
79 17 CFR 200.30–3(a)(12). applicable date (82 FR 49462). 0003. All comments we receive will be
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Document Created: 2018-06-14 01:39:23
Document Modified: 2018-06-14 01:39:23
| 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 SSRs. | |
| Dates | We will apply this rescission notice on June 14, 2018. | |
| Contact | Dan O'Brien, Office of Vocational, Evaluation, and Process Policy in the Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 597-1632. 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. | |
| FR Citation | 83 FR 27816 |
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