83_FR_49812 83 FR 49621 - Social Security Ruling, SSR 18-02p; Titles II and XVI: Determining the Established Onset Date (EOD) in Blindness Claims

83 FR 49621 - Social Security Ruling, SSR 18-02p; Titles II and XVI: Determining the Established Onset Date (EOD) in Blindness Claims

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 83, Issue 191 (October 2, 2018)

Page Range49621-49623
FR Document2018-21369

We are providing notice of SSR 18-02p, which rescinds and replaces the following sections of SSR 83-20, ``Titles II and XVI: Onset of Disability,''--(1) ``Title II: Blindness Cases,'' and (2) ``Title XVI--Specific Onset is Necessary,'' as it applies to blindness claims. Specifically, this SSR addresses how we determine the EOD in blindness claims under titles II and XVI of the Social Security Act (Act). We concurrently published a separate SSR, SSR 18-01p, ``Titles II and XVI: Determining the Established Onset Date (EOD) in Disability Claims,'' which rescinded and replaced all other parts of SSR 83-20. Therefore, SSR 83-20 is completely rescinded and replaced by SSR 18-01p and SSR 18-02p.

Federal Register, Volume 83 Issue 191 (Tuesday, October 2, 2018)
[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Notices]
[Pages 49621-49623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21369]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2018-0011]


Social Security Ruling, SSR 18-02p; Titles II and XVI: 
Determining the Established Onset Date (EOD) in Blindness Claims

AGENCY: Social Security Administration.

ACTION: Notice of Social Security Ruling (SSR).

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

SUMMARY: We are providing notice of SSR 18-02p, which rescinds and 
replaces the following sections of SSR 83-20, ``Titles II and XVI: 
Onset of Disability,''--(1) ``Title II: Blindness Cases,'' and (2) 
``Title XVI--Specific Onset is Necessary,'' as it applies to blindness 
claims. Specifically, this SSR addresses how we determine the EOD in 
blindness claims under titles II and XVI of the Social Security Act 
(Act). We concurrently published a separate SSR, SSR 18-01p, ``Titles 
II and XVI: Determining the Established Onset Date (EOD) in Disability 
Claims,'' which rescinded and replaced all other parts of SSR 83-20. 
Therefore, SSR 83-20 is completely rescinded and replaced by SSR 18-01p 
and SSR 18-02p.

DATES: We will apply this notice on October 2, 2018.

FOR FURTHER INFORMATION CONTACT: Dan O'Brien, (410) 597-1632, 
[email protected]. For information on eligibility or filing for 
benefits, call our national toll-free number at 1-800-772-1213, 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 publishing it in accordance 
with 20 CFR 402.35(b)(1).
    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.
    Although SSRs do not have the force and effect of law, they are 
binding on all components of the Social Security Administration in 
accordance with 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 until we publish a new SSR in the 
Federal Register that rescinds and 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

Titles II and XVI: Determining the Established Onset Date (EOD) in 
Blindness Claims

    We are providing notice of SSR 18-02p which rescinds and replaces 
the following sections of SSR 83-20: ``Titles II and XVI: Onset of 
Disability,''--(1) ``Title II: Blindness Cases,'' and (2) ``Title XVI--
Specific Onset is Necessary,'' as it applies to blindness claims. 
Concurrently, we published a separate SSR, SSR 18-01p, ``Titles II and 
XVI: Determining the Established Onset Date (EOD) in Disability 
Claims,'' which rescinded and replaced all other parts of SSR 83-20. 
Therefore, as of October 2, 2018, the date this SSR was published in 
the Federal Register, SSR 83-20 is completely rescinded and replaced by 
SSR 18-01p and SSR 18-02p.
    Purpose: This SSR explains how we determine the EOD in blindness 
claims under titles II and XVI of the Social Security Act (Act).
    Citations: Sections 216, 220, 223, 1602, 1611, and 1614 of the Act, 
as amended; Public Law 108-203, 118 STAT. 535; 20 CFR 404.110, 404.130, 
404.303, 404.315-.316, 404.320-.321, 404.335-.336, 404.350-.351, 
404.1505, 404.1510, 404.1512, 404.1572, 404.1581-.1584, 416.202, 
416.305, 416.912, 416.981-.984.
    Policy Interpretation:
    To be entitled to disability insurance (DI) benefits under title II 
of the Act or eligible for Supplemental Security Income (SSI) payments 
under title XVI of the Act based on blindness, a claimant must file an 
application, meet the relevant statutory definition(s), and satisfy the 
applicable non-medical requirements. If we find that a claimant meets 
the relevant statutory definitions and meets the applicable non-medical 
requirements during the period covered by his or her application, we 
then determine the claimant's EOD. The EOD is the earliest date that 
the claimant meets both the relevant definitions and non-medical 
requirements during the period covered by his or her application.

Outline

I. What is the EOD?
    A. What is the statutory definition of blindness?
    B. What are the statutory definitions of disability for blind 
claimants and when do they apply?
    1. What is the statutory definition of disability for a title II 
blind claimant who is younger than 55?
    2. What is the statutory definition of disability for a title II 
blind claimant who is age 55 or older?
    C. What are the non-medical requirements?
II. What are some special considerations related to the EOD?
    A. What if a claimant meets all the requirements for DI benefits or 
SSI payments based on blindness and based on another impairment?
    B. What happens when a claimant applies for DI benefits under title 
II and meets the statutory definition of blindness, but continues to 
work?
III. When is this SSR applicable?

Discussion

I. What is the EOD?

    For title II blindness claims, the EOD is the earliest date that 
the claimant meets the statutory definitions of blindness and 
disability \1\ and the applicable non-medical requirements \2\ for 
entitlement to benefits during the period covered by his or her 
application. For title XVI blindness claims, the EOD is the earliest 
date that the claimant meets the statutory definition of blindness \3\ 
and the

[[Page 49622]]

applicable non-medical requirements \4\ for eligibility for SSI 
payments during the period covered by his or her application.
---------------------------------------------------------------------------

    \1\ 42 U.S.C. 416(i)(1)(B) (defining blindness), 423(d)(1)(A) 
(defining disability for blind individuals younger than age 55), 
423(d)(1)(B) (defining disability for statutorily blind individuals 
age 55 and older); 20 CFR 404.1581 (defining blindness), 404.1582 
(explaining how we determine a period of disability based on 
blindness), 404.1583 (explaining how we determine disability for 
blind persons who are age 55 or older).
    \2\ See, e.g., 20 CFR 404.315, 404.316, 404.320, 404.321 
(setting forth some of the non-medical requirements for title II DI 
benefits), 20 CFR 404.335, 404.336 (same for title II disabled 
widow(er)'s benefits (DWB)), 20 CFR 404.350, 404.351 (same for title 
II childhood disability benefits (CDB)).
    \3\ 42 U.S.C. 1381a (``Every aged, blind, or disabled individual 
who is determined . . . to be eligible on the basis of his income 
and resources shall, in accordance with and subject to the 
provisions of this title, be paid benefits by the Commissioner of 
Social Security'') (emphasis added), 1382(a) (defining an eligible 
individual), 1382c(a)(2) (defining blindness); 20 CFR 416.981 
(defining blindness), 419.982 (explaining when we will consider an 
individual to be blind based on a State plan).
    \4\ See, e.g., 20 CFR 416.202, 416.305 (setting forth some of 
the non-medical requirements for title XVI SSI payments).
---------------------------------------------------------------------------

A. What is the statutory definition of blindness?

    Titles II and XVI of the Act define blindness as central visual 
acuity of 20/200 or less in the better eye with the use of a correcting 
lens. We consider an eye to have a central visual acuity of 20/200 or 
less when it has a limitation in the fields of vision such that the 
widest diameter of the visual field subtends an angle no greater than 
20 degrees.\5\ Under title XVI of the Act, an individual may also be 
considered blind if he or she: (1) Was found blind under a State plan 
approved under title X or XVI of the Act as in effect for October 1972; 
(2) received aid under that plan because of blindness for December 
1973; and (3) continues to be blind as defined under that plan.\6\
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    \5\ 42 U.S.C. 416(i)(1)(B), 1382C(a)(2); 20 CFR 404.1581, 
416.981.
    \6\ 42 U.S.C. 1382c(a)(2); 20 CFR 416.982.
---------------------------------------------------------------------------

B. What are the statutory definitions of disability for blind claimants 
and when do they apply?

    A claimant who seeks DI benefits under title II based on blindness 
must show that he or she meets the statutory definition of blindness as 
well as the statutory definition of disability during the period under 
consideration.\7\ A claimant who seeks SSI payments under title XVI 
based on blindness need only show that he or she meets the statutory 
definition of blindness during the period under consideration.\8\ Title 
II of the Act defines disability differently for those who are younger 
than age 55 and those who are age 55 or older.
---------------------------------------------------------------------------

    \7\ 42 U.S.C. 423(d)(1)(A), (B); 20 CFR 404.1512(a), 404.1582, 
404.1583.
    \8\ 42 U.S.C. 1381a (``Every aged, blind, or disabled individual 
who is determined . . . to be eligible on the basis of his income 
and resources shall, in accordance with and subject to the 
provisions of this title, be paid benefits by the Commissioner of 
Social Security'') (emphasis added), 1382(a) (defining an eligible 
individual); 20 CFR 416.912 (providing that, in general, a claimant 
must prove to us that he or she is blind), 416.981 (defining 
blindness), 416.982 (explaining when we will consider an individual 
to be blind based on a State plan).
---------------------------------------------------------------------------

1. What is the statutory definition of disability for a title II blind 
claimant who is younger than 55?
    For claimants who meet the statutory definition of blindness during 
the period under consideration and are younger than age 55, the Act 
defines disability as the inability to engage in any substantial 
gainful activity (SGA) \9\ by reason of any medically determinable 
physical or mental impairment which can be expected to result in death 
or which has lasted or can be expected to last for a continuous period 
of not less than 12 months.\10\
---------------------------------------------------------------------------

    \9\ 20 CFR 404.1510 (defining SGA as significant and productive 
physical or mental duties done (or intended) for pay or profit), 
404.1572 (providing further details about what we mean by SGA); see 
also 42 U.S.C. 423(d)(4)(A), 20 CFR 404.1584 (collectively 
describing how to calculate SGA for claimants who meet the statutory 
definition of blindness).
    \10\ 42 U.S.C. 423(d)(1)(A).
---------------------------------------------------------------------------

2. What is the statutory definition of disability for a title II blind 
claimant who is age 55 or older?
    For claimants who meet the statutory definition of blindness during 
the period under consideration and are age 55 or older, the Act defines 
disability as the inability by reason of such blindness to engage in 
SGA requiring skills or abilities comparable to those of any gainful 
activity in which the claimant has previously engaged with some 
regularity and over a substantial period of time.\11\
---------------------------------------------------------------------------

    \11\ Id. at (d)(1)(B).
---------------------------------------------------------------------------

C. What are the non-medical requirements?

    A claimant is not entitled to DI benefits or eligible for SSI 
payments based on blindness unless he or she meets the applicable non-
medical requirements. The non-medical requirements--such as the insured 
status requirements under title II and the income and resource 
limitations under title XVI--vary based on the type(s) of claim(s) the 
claimant filed. To illustrate, we identify below the most common types 
of claims and some of the regulations that explain the non-medical 
requirements for that type of claim.
     DI Benefits: 20 CFR 404.315, 404.316, 404.320, 404.321;
     Disabled Widow(er)'s Benefits (DWB): 20 CFR 404.335, 
404.336;
     Childhood Disability Benefits (CDB): 20 CFR 404.350, 
404.351; and
     SSI: 20 CFR 416.202, 416.305.

II. What are some special considerations related to the EOD?

A. What if a claimant meets all the requirements for DI benefits or SSI 
payments based on blindness and based on another impairment?

    If a claimant meets all the requirements for entitlement to DI 
benefits or eligibility for SSI payments based on blindness, and also 
meets all the requirements for entitlement to DI benefits or 
eligibility for SSI payments based on another impairment, we will 
establish two EODs. One EOD will be for the first date the claimant 
meets all the requirements for entitlement to DI benefits or 
eligibility for SSI payments based on blindness, and the other will be 
for the first date the claimant meets all the requirements based on the 
other impairment. The EOD for the other impairment may be before or 
after the EOD for blindness.

B. What happens when a claimant applies for DI benefits under title II 
and meets the statutory definition of blindness, but continues to work?

    If a claimant applies for DI benefits under title II and meets the 
insured status requirements \12\ and the statutory definition of 
blindness, but continues to work (even at the SGA level), we may 
establish a period of disability for him or her. A period of disability 
must last for at least five consecutive, full calendar months.\13\ If 
we establish a period of disability, we ``freeze'' the claimant's 
earnings during that period and will not use them to compute cash 
benefits (unless it advantages the claimant) or to determine whether 
the claimant still has insured status.\14\ However, a period of 
disability, or disability freeze, does not automatically entitle the 
claimant to monthly cash benefits.\15\ To be entitled to monthly cash 
benefits, the claimant must still meet the statutory definitions of 
blindness and disability and the

[[Page 49623]]

applicable non-medical requirements during the period covered by his or 
her application.
---------------------------------------------------------------------------

    \12\ 20 CFR 404.110 (describing how we determine fully insured 
status and explaining that an individual needs at least six quarters 
of coverage but not more than 40 quarters of coverage to be fully 
insured), 404.130(e) (explaining that a claimant is insured in a 
quarter for purposes of establishing a period of disability or 
becoming entitled to DI benefits if in that quarter the claimant 
meets the statutory definition of blindness and is fully insured).
    \13\ 20 CFR 404.320(a), (b)(4) (explaining that ``[a] period of 
disability is a continuous period of time during which you are 
disabled'' and that one of the requirements to be ``entitled to a 
period of disability . . . [is that a]t least 5 consecutive months 
go by from the month in which [the claimant's] period of disability 
begins and before the month in which it would end'').
    \14\ 42 U.S.C. 420; 20 CFR 404.1582.
    \15\ 20 CFR 404.1582.
---------------------------------------------------------------------------

    For purposes of determining the EOD, if we find that the claimant 
meets the insured status requirements and the statutory definition of 
blindness, but he or she is performing SGA, we will establish up to two 
dates. First, we will establish a disability freeze date, which is the 
date the claimant first met the insured status requirements and the 
statutory definition of blindness. If the claimant later stops working 
or his or her work is no longer SGA, we will establish a second date 
called the ``adjusted blind onset date'' (ABOD). The ABOD is the date 
the claimant stopped performing SGA and became entitled to monthly cash 
benefits under title II of the Act, subject to a five-month waiting 
period.
    The five-month waiting period begins with the first full month that 
the claimant does not perform SGA. However, if the claimant is age 55 
or older and performing SGA, we consider how the claimant's work 
activity compares with work he or she did in the past.\16\ We consider 
work to be non-comparable if it requires skills and abilities that are 
less than or different from those the claimant used in the work he or 
she did in the past.\17\ If the claimant is age 55 or older and 
performing ``non-comparable'' SGA, we will count the months the 
claimant performs ``non-comparable'' SGA in the waiting period if they 
also fall within the period of disability.
---------------------------------------------------------------------------

    \16\ 20 CFR 404.1584(c).
    \17\ Id.
---------------------------------------------------------------------------

    We cannot establish a disability freeze for DWB or CDB claimants 
under title II of the Act. There is also no freeze equivalent for SSI 
claimants under title XVI of the Act. However, to be eligible for SSI 
payments based on disability under title XVI, a claimant need only meet 
the statutory definition of blindness and the applicable non-medical 
requirements. Thus, a claimant seeking SSI payments based on blindness 
need not show that he or she is unable to perform SGA, but if the 
claimant is working, we will consider his or her earnings under the 
income and resource rules of title XVI of the Act.\18\ When a 
claimant's income or resources exceed the Act's limitations, he or she 
is ineligible for SSI payments under title XVI because he or she does 
not meet the applicable non-medical requirements,\19\ even though the 
claimant meets our statutory definition of blindness.\20\
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    \18\ 20 CFR 416.983(b), 416.984.
    \19\ 20 CFR 416.202(c), (d) (explaining that to be eligible for 
SSI payments, a claimant may not have ``more income than is 
permitted'' or ``more resources than are permitted'').
    \20\ 20 CFR 416.984.
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III. When is this SSR applicable?

    This SSR is applicable on October 2, 2018. We will use this SSR 
beginning on its applicable date. We will apply this SSR to new 
applications filed on or after the applicable date of the SSR and to 
claims that are pending on and after the applicable date. This means 
that we will use this SSR on and after its applicable date in any case 
in which we make a determination or decision. We expect that Federal 
courts will review our final decisions using the rules that were in 
effect at the time we issued the decisions. If a court reverses our 
final decision and remands a case for further administrative 
proceedings after the applicable date of this SSR, we will apply this 
SSR to the entire period at issue in appropriate cases when we make a 
decision after the court's remand.
[FR Doc. 2018-21369 Filed 10-1-18; 8:45 am]
 BILLING CODE 4191-02-P



                                                                           Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices                                                     49621

                                              be expected to improve the individual’s                   Although SSRs do not have the force                 by his or her application, we then
                                              functioning so that he or she is not                    and effect of law, they are binding on all            determine the claimant’s EOD. The EOD
                                              disabled, we would find that DAA is                     components of the Social Security                     is the earliest date that the claimant
                                              material to the determination of                        Administration in accordance with 20                  meets both the relevant definitions and
                                              disability and deny the claim for that                  CFR 402.35(b)(1).                                     non-medical requirements during the
                                              reason.                                                   This SSR will remain in effect until                period covered by his or her
                                              [FR Doc. 2018–21359 Filed 10–1–18; 8:45 am]             we publish a notice in the Federal                    application.
                                                                                                      Register that rescinds it, or until we
                                              BILLING CODE 4191–02–P
                                                                                                      publish a new SSR in the Federal                      Outline
                                                                                                      Register that rescinds and replaces or                I. What is the EOD?
                                              SOCIAL SECURITY ADMINISTRATION                          modifies it.                                             A. What is the statutory definition of
                                                                                                      (Catalog of Federal Domestic Assistance,
                                                                                                                                                                  blindness?
                                                                                                      Program Nos. 96.001, Social Security—                    B. What are the statutory definitions
                                              [Docket No. SSA–2018–0011]
                                                                                                      Disability Insurance; 96.002, Social                        of disability for blind claimants and
                                              Social Security Ruling, SSR 18–02p;                     Security—Retirement Insurance; 96.004,                      when do they apply?
                                              Titles II and XVI: Determining the                      Social Security—Survivors Insurance;                     1. What is the statutory definition of
                                              Established Onset Date (EOD) in                         96.006, Supplemental Security Income)                       disability for a title II blind
                                              Blindness Claims                                                                                                    claimant who is younger than 55?
                                                                                                      Nancy A. Berryhill,
                                                                                                                                                               2. What is the statutory definition of
                                              AGENCY:   Social Security Administration.               Acting Commissioner of Social Security.                     disability for a title II blind
                                              ACTION:   Notice of Social Security Ruling              Policy Interpretation Ruling                                claimant who is age 55 or older?
                                              (SSR).                                                                                                           C. What are the non-medical
                                                                                                      Titles II and XVI: Determining the                          requirements?
                                              SUMMARY:    We are providing notice of                  Established Onset Date (EOD) in                       II. What are some special considerations
                                              SSR 18–02p, which rescinds and                          Blindness Claims                                            related to the EOD?
                                              replaces the following sections of SSR                     We are providing notice of SSR 18–                    A. What if a claimant meets all the
                                              83–20, ‘‘Titles II and XVI: Onset of                    02p which rescinds and replaces the                         requirements for DI benefits or SSI
                                              Disability,’’—(1) ‘‘Title II: Blindness                 following sections of SSR 83–20: ‘‘Titles                   payments based on blindness and
                                              Cases,’’ and (2) ‘‘Title XVI—Specific                   II and XVI: Onset of Disability,’’—(1)                      based on another impairment?
                                              Onset is Necessary,’’ as it applies to                  ‘‘Title II: Blindness Cases,’’ and (2)                   B. What happens when a claimant
                                              blindness claims. Specifically, this SSR                ‘‘Title XVI—Specific Onset is                               applies for DI benefits under title II
                                              addresses how we determine the EOD in                   Necessary,’’ as it applies to blindness                     and meets the statutory definition
                                              blindness claims under titles II and XVI                claims. Concurrently, we published a                        of blindness, but continues to work?
                                              of the Social Security Act (Act). We                    separate SSR, SSR 18–01p, ‘‘Titles II                 III. When is this SSR applicable?
                                              concurrently published a separate SSR,                  and XVI: Determining the Established                  Discussion
                                              SSR 18–01p, ‘‘Titles II and XVI:                        Onset Date (EOD) in Disability Claims,’’
                                              Determining the Established Onset Date                  which rescinded and replaced all other                I. What is the EOD?
                                              (EOD) in Disability Claims,’’ which                     parts of SSR 83–20. Therefore, as of                     For title II blindness claims, the EOD
                                              rescinded and replaced all other parts of               October 2, 2018, the date this SSR was                is the earliest date that the claimant
                                              SSR 83–20. Therefore, SSR 83–20 is                      published in the Federal Register, SSR                meets the statutory definitions of
                                              completely rescinded and replaced by                    83–20 is completely rescinded and                     blindness and disability 1 and the
                                              SSR 18–01p and SSR 18–02p.                              replaced by SSR 18–01p and SSR 18–                    applicable non-medical requirements 2
                                              DATES: We will apply this notice on                     02p.                                                  for entitlement to benefits during the
                                              October 2, 2018.                                           Purpose: This SSR explains how we                  period covered by his or her
                                                                                                      determine the EOD in blindness claims                 application. For title XVI blindness
                                              FOR FURTHER INFORMATION CONTACT: Dan
                                                                                                      under titles II and XVI of the Social                 claims, the EOD is the earliest date that
                                              O’Brien, (410) 597–1632, Dan.OBrien@                    Security Act (Act).
                                              ssa.gov. For information on eligibility or                                                                    the claimant meets the statutory
                                                                                                         Citations: Sections 216, 220, 223,                 definition of blindness 3 and the
                                              filing for benefits, call our national toll-            1602, 1611, and 1614 of the Act, as
                                              free number at 1–800–772–1213, or visit                 amended; Public Law 108–203, 118                        1 42 U.S.C. 416(i)(1)(B) (defining blindness),
                                              our internet site, Social Security online,              STAT. 535; 20 CFR 404.110, 404.130,                   423(d)(1)(A) (defining disability for blind
                                              at http://www.socialsecurity.gov.                       404.303, 404.315–.316, 404.320–.321,                  individuals younger than age 55), 423(d)(1)(B)
                                              SUPPLEMENTARY INFORMATION: Although                                                                           (defining disability for statutorily blind individuals
                                                                                                      404.335–.336, 404.350–.351, 404.1505,                 age 55 and older); 20 CFR 404.1581 (defining
                                              5 U.S.C. 552(a)(1) and (a)(2) do not                    404.1510, 404.1512, 404.1572,                         blindness), 404.1582 (explaining how we determine
                                              require us to publish this SSR, we are                  404.1581–.1584, 416.202, 416.305,                     a period of disability based on blindness), 404.1583
                                              publishing it in accordance with 20 CFR                 416.912, 416.981–.984.                                (explaining how we determine disability for blind
                                              402.35(b)(1).                                              Policy Interpretation:                             persons who are age 55 or older).
                                                                                                                                                              2 See, e.g., 20 CFR 404.315, 404.316, 404.320,
                                                 We use SSRs to make available to the                    To be entitled to disability insurance
                                                                                                                                                            404.321 (setting forth some of the non-medical
                                              public precedential decisions relating to               (DI) benefits under title II of the Act or            requirements for title II DI benefits), 20 CFR
                                              the Federal old age, survivors,                         eligible for Supplemental Security                    404.335, 404.336 (same for title II disabled
                                              disability, supplemental security                       Income (SSI) payments under title XVI                 widow(er)’s benefits (DWB)), 20 CFR 404.350,
                                              income, and special veterans benefits                   of the Act based on blindness, a                      404.351 (same for title II childhood disability
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                            benefits (CDB)).
                                              programs. We may base SSRs on                           claimant must file an application, meet                 3 42 U.S.C. 1381a (‘‘Every aged, blind, or disabled
                                              determinations or decisions made in our                 the relevant statutory definition(s), and             individual who is determined . . . to be eligible on
                                              administrative review process, Federal                  satisfy the applicable non-medical                    the basis of his income and resources shall, in
                                              court decisions, decisions of our                       requirements. If we find that a claimant              accordance with and subject to the provisions of
                                                                                                                                                            this title, be paid benefits by the Commissioner of
                                              Commissioner, opinions from our Office                  meets the relevant statutory definitions              Social Security’’) (emphasis added), 1382(a)
                                              of the General Counsel, or other                        and meets the applicable non-medical                  (defining an eligible individual), 1382c(a)(2)
                                              interpretations of law and regulations.                 requirements during the period covered                                                             Continued




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                                              49622                         Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices

                                              applicable non-medical requirements 4                   1. What is the statutory definition of                II. What are some special
                                              for eligibility for SSI payments during                 disability for a title II blind claimant              considerations related to the EOD?
                                              the period covered by his or her                        who is younger than 55?                               A. What if a claimant meets all the
                                              application.                                                                                                  requirements for DI benefits or SSI
                                                                                                        For claimants who meet the statutory
                                              A. What is the statutory definition of                  definition of blindness during the                    payments based on blindness and based
                                              blindness?                                              period under consideration and are                    on another impairment?
                                                                                                      younger than age 55, the Act defines                     If a claimant meets all the
                                                 Titles II and XVI of the Act define                  disability as the inability to engage in              requirements for entitlement to DI
                                              blindness as central visual acuity of 20/               any substantial gainful activity (SGA) 9              benefits or eligibility for SSI payments
                                              200 or less in the better eye with the use              by reason of any medically determinable               based on blindness, and also meets all
                                              of a correcting lens. We consider an eye                physical or mental impairment which                   the requirements for entitlement to DI
                                              to have a central visual acuity of 20/200               can be expected to result in death or                 benefits or eligibility for SSI payments
                                              or less when it has a limitation in the                 which has lasted or can be expected to                based on another impairment, we will
                                              fields of vision such that the widest                   last for a continuous period of not less              establish two EODs. One EOD will be
                                              diameter of the visual field subtends an                than 12 months.10                                     for the first date the claimant meets all
                                              angle no greater than 20 degrees.5 Under                                                                      the requirements for entitlement to DI
                                              title XVI of the Act, an individual may                 2. What is the statutory definition of                benefits or eligibility for SSI payments
                                              also be considered blind if he or she: (1)              disability for a title II blind claimant              based on blindness, and the other will
                                              Was found blind under a State plan                      who is age 55 or older?                               be for the first date the claimant meets
                                              approved under title X or XVI of the Act                                                                      all the requirements based on the other
                                                                                                        For claimants who meet the statutory                impairment. The EOD for the other
                                              as in effect for October 1972; (2)
                                                                                                      definition of blindness during the                    impairment may be before or after the
                                              received aid under that plan because of
                                                                                                      period under consideration and are age                EOD for blindness.
                                              blindness for December 1973; and (3)
                                                                                                      55 or older, the Act defines disability as
                                              continues to be blind as defined under                                                                        B. What happens when a claimant
                                                                                                      the inability by reason of such blindness
                                              that plan.6                                                                                                   applies for DI benefits under title II and
                                                                                                      to engage in SGA requiring skills or
                                              B. What are the statutory definitions of                abilities comparable to those of any                  meets the statutory definition of
                                              disability for blind claimants and when                 gainful activity in which the claimant                blindness, but continues to work?
                                              do they apply?                                          has previously engaged with some                        If a claimant applies for DI benefits
                                                                                                      regularity and over a substantial period              under title II and meets the insured
                                                 A claimant who seeks DI benefits                     of time.11                                            status requirements 12 and the statutory
                                              under title II based on blindness must                                                                        definition of blindness, but continues to
                                              show that he or she meets the statutory                 C. What are the non-medical
                                                                                                                                                            work (even at the SGA level), we may
                                              definition of blindness as well as the                  requirements?                                         establish a period of disability for him
                                              statutory definition of disability during                  A claimant is not entitled to DI                   or her. A period of disability must last
                                              the period under consideration.7 A                      benefits or eligible for SSI payments                 for at least five consecutive, full
                                              claimant who seeks SSI payments under                   based on blindness unless he or she                   calendar months.13 If we establish a
                                              title XVI based on blindness need only                  meets the applicable non-medical                      period of disability, we ‘‘freeze’’ the
                                              show that he or she meets the statutory                 requirements. The non-medical                         claimant’s earnings during that period
                                              definition of blindness during the                      requirements—such as the insured                      and will not use them to compute cash
                                              period under consideration.8 Title II of                status requirements under title II and                benefits (unless it advantages the
                                              the Act defines disability differently for              the income and resource limitations                   claimant) or to determine whether the
                                              those who are younger than age 55 and                   under title XVI—vary based on the                     claimant still has insured status.14
                                              those who are age 55 or older.                                                                                However, a period of disability, or
                                                                                                      type(s) of claim(s) the claimant filed. To
                                                                                                                                                            disability freeze, does not automatically
                                                                                                      illustrate, we identify below the most
                                                                                                                                                            entitle the claimant to monthly cash
                                              (defining blindness); 20 CFR 416.981 (defining          common types of claims and some of
                                                                                                                                                            benefits.15 To be entitled to monthly
                                              blindness), 419.982 (explaining when we will            the regulations that explain the non-
                                                                                                                                                            cash benefits, the claimant must still
                                              consider an individual to be blind based on a State     medical requirements for that type of
                                              plan).                                                                                                        meet the statutory definitions of
                                                                                                      claim.                                                blindness and disability and the
                                                4 See, e.g., 20 CFR 416.202, 416.305 (setting forth

                                              some of the non-medical requirements for title XVI         • DI Benefits: 20 CFR 404.315,
                                              SSI payments).                                          404.316, 404.320, 404.321;                               12 20 CFR 404.110 (describing how we determine

                                                                                                                                                            fully insured status and explaining that an
                                                5 42 U.S.C. 416(i)(1)(B), 1382C(a)(2); 20 CFR
                                                                                                         • Disabled Widow(er)’s Benefits                    individual needs at least six quarters of coverage
                                              404.1581, 416.981.                                      (DWB): 20 CFR 404.335, 404.336;                       but not more than 40 quarters of coverage to be fully
                                                6 42 U.S.C. 1382c(a)(2); 20 CFR 416.982.
                                                                                                                                                            insured), 404.130(e) (explaining that a claimant is
                                                7 42 U.S.C. 423(d)(1)(A), (B); 20 CFR 404.1512(a),       • Childhood Disability Benefits                    insured in a quarter for purposes of establishing a
                                              404.1582, 404.1583.                                     (CDB): 20 CFR 404.350, 404.351; and                   period of disability or becoming entitled to DI
                                                                                                                                                            benefits if in that quarter the claimant meets the
                                                8 42 U.S.C. 1381a (‘‘Every aged, blind, or disabled
                                                                                                         • SSI: 20 CFR 416.202, 416.305.                    statutory definition of blindness and is fully
                                              individual who is determined . . . to be eligible on
                                                                                                                                                            insured).
                                              the basis of his income and resources shall, in           9 20 CFR 404.1510 (defining SGA as significant         13 20 CFR 404.320(a), (b)(4) (explaining that ‘‘[a]
                                              accordance with and subject to the provisions of
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                                                                                                      and productive physical or mental duties done (or     period of disability is a continuous period of time
                                              this title, be paid benefits by the Commissioner of
                                                                                                      intended) for pay or profit), 404.1572 (providing     during which you are disabled’’ and that one of the
                                              Social Security’’) (emphasis added), 1382(a)            further details about what we mean by SGA); see       requirements to be ‘‘entitled to a period of disability
                                              (defining an eligible individual); 20 CFR 416.912       also 42 U.S.C. 423(d)(4)(A), 20 CFR 404.1584          . . . [is that a]t least 5 consecutive months go by
                                              (providing that, in general, a claimant must prove      (collectively describing how to calculate SGA for     from the month in which [the claimant’s] period of
                                              to us that he or she is blind), 416.981 (defining       claimants who meet the statutory definition of        disability begins and before the month in which it
                                              blindness), 416.982 (explaining when we will            blindness).                                           would end’’).
                                              consider an individual to be blind based on a State       10 42 U.S.C. 423(d)(1)(A).                             14 42 U.S.C. 420; 20 CFR 404.1582.

                                              plan).                                                    11 Id. at (d)(1)(B).                                   15 20 CFR 404.1582.




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                                                                              Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices                                          49623

                                              applicable non-medical requirements                        claimant meets our statutory definition               the Commission’s investment policy
                                              during the period covered by his or her                    of blindness.20                                       statement addenda; (3) granting a
                                              application.                                                                                                     request from Lycoming County Water &
                                                 For purposes of determining the EOD,                    III. When is this SSR applicable?
                                                                                                                                                               Sewer Authority to extend the deadline
                                              if we find that the claimant meets the                        This SSR is applicable on October 2,               to commence withdrawal by two years;
                                              insured status requirements and the                        2018. We will use this SSR beginning on               (4) approval of several grant
                                              statutory definition of blindness, but he                  its applicable date. We will apply this               amendments and agreements, and an
                                              or she is performing SGA, we will                          SSR to new applications filed on or after             equipment purchase; (5) tabling action
                                              establish up to two dates. First, we will                  the applicable date of the SSR and to                 on a resolution for a consumptive use
                                              establish a disability freeze date, which                  claims that are pending on and after the              water storage and mitigation project at
                                              is the date the claimant first met the                     applicable date. This means that we will              Billmeyer Quarry for consideration at
                                              insured status requirements and the                        use this SSR on and after its applicable              the December 2018 Commission
                                              statutory definition of blindness. If the                  date in any case in which we make a                   meeting; and (6) a report on a delegated
                                              claimant later stops working or his or                     determination or decision. We expect                  settlement, pursuant to Commission
                                              her work is no longer SGA, we will                         that Federal courts will review our final             Resolution 2014–15, with Moxie
                                              establish a second date called the                         decisions using the rules that were in                Freedom, LLC, in the amount of $1,200.
                                              ‘‘adjusted blind onset date’’ (ABOD).                      effect at the time we issued the
                                              The ABOD is the date the claimant                          decisions. If a court reverses our final              Project Applications Approved
                                              stopped performing SGA and became                          decision and remands a case for further                 The Commission approved the
                                              entitled to monthly cash benefits under                    administrative proceedings after the                  following project applications:
                                              title II of the Act, subject to a five-month               applicable date of this SSR, we will                    1. Project Sponsor and Facility: ARD
                                              waiting period.                                            apply this SSR to the entire period at                Operating, LLC (Pine Creek), McHenry
                                                 The five-month waiting period begins                    issue in appropriate cases when we                    Township, Lycoming County, Pa.
                                              with the first full month that the                         make a decision after the court’s                     Renewal of surface water withdrawal of
                                              claimant does not perform SGA.                             remand.                                               up to 0.499 mgd (peak day) (Docket No.
                                              However, if the claimant is age 55 or                      [FR Doc. 2018–21369 Filed 10–1–18; 8:45 am]           20140902).
                                              older and performing SGA, we consider                      BILLING CODE 4191–02–P                                  2. Project Sponsor and Facility: BKV
                                              how the claimant’s work activity                                                                                 Operating, LLC (East Branch Wyalusing
                                              compares with work he or she did in the                                                                          Creek), Jessup Township, Susquehanna
                                              past.16 We consider work to be non-                        SUSQUEHANNA RIVER BASIN                               County, Pa. Renewal of surface water
                                              comparable if it requires skills and                       COMMISSION                                            withdrawal of up to 0.999 mgd (peak
                                              abilities that are less than or different                                                                        day) (Docket No. 20140904).
                                              from those the claimant used in the                        Actions Taken at September 7, 2018,                     3. Project Sponsor and Facility: Cabot
                                              work he or she did in the past.17 If the                   Meeting                                               Oil & Gas Corporation (Tunkhannock
                                              claimant is age 55 or older and                                                                                  Creek), Nicholson Township, Wyoming
                                                                                                         AGENCY: Susquehanna River Basin
                                              performing ‘‘non-comparable’’ SGA, we                                                                            County, Pa. Renewal of surface water
                                                                                                         Commission.
                                              will count the months the claimant                                                                               withdrawal of up to 2.000 mgd (peak
                                              performs ‘‘non-comparable’’ SGA in the                     ACTION: Notice.
                                                                                                                                                               day) (Docket No. 20140903).
                                              waiting period if they also fall within                    SUMMARY:    As part of its regular business             4. Project Sponsor and Facility:
                                              the period of disability.                                  meeting held on September 7, 2018, in                 Columbia Water Company, Hellam
                                                 We cannot establish a disability freeze                 Binghamton, New York, the                             Township, York County, Pa.
                                              for DWB or CDB claimants under title II                    Commission approved or tabled the                     Groundwater withdrawal of up to 0.015
                                              of the Act. There is also no freeze                        applications of certain water resources               mgd (30-day average) from Dugan
                                              equivalent for SSI claimants under title                   projects, and took additional actions, as             Well 4.
                                              XVI of the Act. However, to be eligible                    set forth in the SUPPLEMENTARY                          5. Project Sponsor and Facility:
                                              for SSI payments based on disability                       INFORMATION below.                                    Eclipse Resources-PA, LP (Cowanesque
                                              under title XVI, a claimant need only                                                                            River), Deerfield Township, Tioga
                                                                                                         DATES: September 7, 2018.
                                              meet the statutory definition of                                                                                 County, Pa. Surface water withdrawal of
                                              blindness and the applicable non-                          ADDRESSES: Susquehanna River Basin
                                                                                                                                                               up to 3.000 mgd (peak day).
                                              medical requirements. Thus, a claimant                     Commission, 4423 N Front Street,                        6. Project Sponsor and Facility:
                                              seeking SSI payments based on                              Harrisburg, PA 17110–1788.                            Elizabethtown Area Water Authority,
                                              blindness need not show that he or she                     FOR FURTHER INFORMATION CONTACT: Ava                  Elizabethtown Borough, Lancaster
                                              is unable to perform SGA, but if the                       Stoops, Administrative Specialist,                    County, Pa. Renewal of groundwater
                                              claimant is working, we will consider                      telephone: 717–238–0423; fax: 717–                    withdrawal of up to 0.300 mgd (30-day
                                              his or her earnings under the income                       238–2436; srbc@srbc.net. Regular mail                 average) from Well 5 (Docket No.
                                              and resource rules of title XVI of the                     inquiries may be sent to the above                    19880402).
                                              Act.18 When a claimant’s income or                         address. See also Commission website at                 7. Project Sponsor and Facility:
                                              resources exceed the Act’s limitations,                    www.srbc.net.                                         Inflection Energy (PA) LLC (Loyalsock
                                              he or she is ineligible for SSI payments                   SUPPLEMENTARY INFORMATION: In                         Creek), Upper Fairfield Township,
                                              under title XVI because he or she does                     addition to the actions taken on projects             Lycoming County, Pa. Renewal of
                                              not meet the applicable non-medical                        identified in the summary above and the               surface water withdrawal of up to 1.700
                                              requirements,19 even though the                            listings below, the following items were              mgd (peak day) (Docket No. 20140905).
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                                                                                                         also presented or acted upon at the                     8. Project Sponsor: Lancaster County
                                                16 20    CFR 404.1584(c).                                business meeting: (1) Tabling the release             Solid Waste Management Authority.
                                                17 Id.
                                                                                                         of a proposed rulemaking for                          Project Facility: Solid Waste Resource
                                                18 20 CFR 416.983(b), 416.984.
                                                19 20
                                                                                                         consideration at a future Commission                  Recovery, Conoy Township, Lancaster
                                                      CFR 416.202(c), (d) (explaining that to be
                                              eligible for SSI payments, a claimant may not have         meeting; (2) adoption of an update to                 County, Pa. Renewal of consumptive
                                              ‘‘more income than is permitted’’ or ‘‘more                                                                      use of up to 0.950 mgd (peak day)
                                              resources than are permitted’’).                             20 20   CFR 416.984.                                (Docket No. 19880901).


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Document Created: 2018-10-02 01:19:29
Document Modified: 2018-10-02 01:19:29
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 Ruling (SSR).
DatesWe will apply this notice on October 2, 2018.
ContactDan O'Brien, (410) 597-1632, [email protected] For information on eligibility or filing for benefits, call our national toll-free number at 1-800-772-1213, or visit our internet site, Social Security online, at http:// www.socialsecurity.gov.
FR Citation83 FR 49621 

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