[Federal Register Volume 59, Number 36 (Wednesday, February 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3959]
[[Page Unknown]]
[Federal Register: February 23, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration
Rescission of Social Security Acquiescence
AGENCY: Social Security Administration, HHS.
ACTION: Notice of Rescission of Social Security Acquiescence Ruling 88-
5(1)--McCuin v. Secretary of Health and Human Services, 817 F.2d 161
(1st Cir. 1987).
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SUMMARY: In accordance with 20 CFR 404.985(e), 416.1485(e) and
422.406(b)(2), published January 11, 1990 (55 FR 1012), the Principal
Deputy Commissioner of Social Security gives notice of the rescission
of Social Security Acquiescence Ruling 88-5(1).
EFFECTIVE DATE: February 23, 1994.
FOR FURTHER INFORMATION CONTACT: Darlynda Bogle, Litigation Staff,
Social Security Administration, 6401 Security Blvd., Baltimore, MD
21235, (410) 965-4237.
SUPPLEMENTARY INFORMATION: A Social Security Acquiescence Ruling
explains how we will apply a holding in a decision of a United States
Court of Appeals that we determine conflicts with our interpretation of
a provision of the Social Security Act or regulations when the
Government has decided not to seek further review of the case or is
unsuccessful on further review.
As provided by 20 CFR 404.985(e)(4) and 416.1485(e)(4), a Social
Security Acquiescence Ruling may be rescinded as obsolete if we
subsequently clarify, modify or revoke the regulation or ruling that
was the subject of the circuit court holding for which the Acquiescence
Ruling was issued.
On October 27, 1988, we issued Acquiescence Ruling (AR) 88-5(1) to
reflect the holding in McCuin v. Secretary of Health and Human
Services, 817 F.2d 161 (1st Cir. 1987), that, once the 60-day period
for the Appeals Council's own-motion review had expired, the
Secretary's reopening regulations (20 CFR 404.987, 404.988, 416.1487
and 416.1488)1 allowed reopening of an Administrative Law Judge
(ALJ) decision only on the claimant's motion. Accordingly, under the
McCuin AR, where an ALJ's decision had become final, (i.e., the time
for requesting Appeals Council review of the decision had expired and
no request for such review had been filed by the claimant and the
Appeals Council had not taken own-motion review within the 60-day time
limit), the Appeals Council could not reopen and revise the decision on
its own initiative under the Secretary's regulations on reopening. The
AR applied to cases in which the claimant resided in Maine,
Massachusetts, New Hampshire, Rhode Island or, for title II claims
only, in Puerto Rico at the time of the ALJ decision.
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\1\ The court based its decision on the reopening regulations
applicable to title II cases. However, since the reopening
regulations applicable to title XVI cases are similar, the AR
extended to both title II and title XVI cases.
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We indicated in the McCuin AR that the Social Security
Administration (SSA) intended to clarify the reopening regulations at
issue in the McCuin case through the rulemaking process, and that the
AR would continue to apply until such clarification was made. On
October 28, 1991, we published a Notice of Proposed Rulemaking and
proposed rules (56 FR 55477) that would clarify these regulations. In
this issue of the Federal Register we are now publishing final rules,
which explicitly state that SSA may reopen a determination or decision
that has become final either on its own initiative or at the request of
an individual who was a party to the determination or decision.
Accordingly, since the regulation that was the subject of the McCuin
decision has now been revised, we are rescinding the McCuin AR
concurrently with the publication of the revised regulations.
Adjudicators of claims arising in the First Circuit (Maine,
Massachusetts, New Hampshire, Rhode Island or Puerto Rico) will no
longer follow the AR, but will decide cases in accordance with the
revised regulations on reopening
.(Catalog of Federal Domestic Assistance Programs Nos. 93.802 Social
Security--Disability Insurance; 93.803 Social Security--Retirement
Insurance; 93.805 Social Security--Survivor's Insurance; 93.806--
Special Benefits for Disabled Coal Miners; 93.807--Supplemental
Security Income.)
Dated: November 4, 1993.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 94-3959 Filed 2-22-94; 8:45 am]
BILLING CODE 4190-29-P
