94-16049. Rescission of Social Security Acquiescence Ruling 86-1(9)Summy v. Schweiker, 688 F.2d 1233 (9th Cir. 1982)

[Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16049]


[[Page Unknown]]

[Federal Register: July 5, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration

 

Rescission of Social Security Acquiescence Ruling 86-1(9)--Summy 
v. Schweiker, 688 F.2d 1233 (9th Cir. 1982)

AGENCY: Social Security Administration, HHS.

ACTION: Rescission of Social Security Acquiescence Ruling.

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SUMMARY: In accordance with 20 CFR 416.1485(e) and 422.406(b)(2), the 
Commissioner of Social Security gives notice of the rescission of 
Social Security Acquiescence Ruling 86-1(9).

EFFECTIVE DATE: July 5, 1994.

FOR FURTHER INFORMATION CONTACT: Darlynda Bogle, Litigation Staff, 
Social Security Administration, 6401 Security Blvd., Baltimore, MD 
21235, [phone].

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 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Acquiescence Ruling may be rescinded as obsolete if we subsequently 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 January 23, 1986, we issued Acquiescence Ruling 86-1(9) to 
reflect the holding in Summy v. Schweiker, 688 F.2d 1233 (9th Cir. 
1982), that an additional pension or compensation payment from the 
Veterans Administration (now the Department of Veterans Affairs) as a 
result of unreimbursed medical expenses is not income for Supplemental 
Security Income purposes.
    Concurrent with the rescission of this ruling, we are adding a new 
paragraph (a)(7) to section 416.1103 of Social Security Regulations No. 
16 (20 CFR 416.1103), which provides that payments from the Department 
of Veterans Affairs resulting from unusual medical expenses are not 
income for Supplemental Security Income purposes. Because the change in 
the regulations adopts the court's holding Summy on a nationwide basis, 
we are rescinding the current Acquiescence Ruling.

(Catalog of Federal Domestic Assistance Programs Nos. 93.802 Social 
Security-Disability Insurance; 93.803 Social Security-Retirement 
Insurance; 93.805 Social Security-Survivors Insurance; 93.806--
Special Benefits for Disabled Coal Miners; 93.807--Supplemental 
Security Income.)

    Dated: May 25, 1994.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 94-16049 Filed 7-1-94; 8:45 am]
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