[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Notices]
[Pages 75758-75759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30700]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Ruling 00-3(10)

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Acquiescence Ruling 00-
3(10)--Haddock v. Apfel, 196 F.3d 1084 (10th Cir. 1999).

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SUMMARY: In accordance with 20 CFR 402.35(b)(2), 404.985(e) and 
416.1485(e) the Commissioner of Social Security gives notice of the 
rescission of Social Security Acquiescence Ruling 00-3(10).

EFFECTIVE DATE: December 4, 2000.

FOR FURTHER INFORMATION CONTACT: Cassia W. Parson, Litigation Staff, 
Social Security Administration, 6401 Security Boulevard, Baltimore, MD 
21235, (410) 965-1695.

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Security Acquiescence Ruling may be rescinded as obsolete if we 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 June 20, 2000, we issued Acquiescence Ruling 00-3(10) (65 FR 
38312) to reflect the holding in Haddock v. Apfel, 196 F.3d 1084 (10th 
Cir. 1999). This circuit court holding interpreted 20 CFR 404.1566 and 
416.966 to require that, before an Administrative Law Judge (ALJ) may 
rely on evidence from a Vocational Expert (VE) to support a 
determination of nondisability at step five of the sequential 
evaluation process, he or she must ask the expert how the testimony or 
information corresponds to the information provided in the Dictionary 
of Occupational Titles (DOT) \1\ and elicit a reasonable explanation 
for any conflict.
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    \1\ Employment and Training Administration, U.S. Department of 
Labor, Dictionary of Occupational Titles (Fourth Edition, Revised 
1991) and its companion publication, Selected Characteristics of 
Occupations Defined in the Revised Dictionary of Occupational 
Titles, (1993).
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    We are publishing this notice of rescission of the Acquiescence 
Ruling concurrently with our publication of Social Security Ruling 
(SSR) 00-4p clarifying 20 CFR 404.1566 and 416.966. The SSR clarifies 
our rules on identifying and resolving conflicts or apparent conflicts 
between the testimony of the VE or a Vocational Specialist (VS) and the 
information contained in the DOT. The SSR explains that when a VE or VS 
provides evidence about the requirements of a job or occupation, the 
adjudicator has an affirmative responsibility to ask about any possible 
conflict between that VE or VS evidence and the information provided in 
the DOT. The SSR also provides that, before relying on VE or VS 
evidence to support a disability determination or decision, the 
adjudicator must obtain a reasonable explanation for any such conflict.
    Because the SSR clarifies the provision of our rules upon which the 
holding in Haddock is based and our standards for identifying and 
resolving conflicts between occupational evidence provided by a VE and 
the information in the DOT, we are rescinding Acquiescence Ruling 00-
3(10). By clarifying our regulations and

[[Page 75759]]

rescinding this Acquiescence Ruling, we are restoring uniformity to our 
nationwide system of rules in accordance with our commitment to the 
goal of administering our programs through uniform national standards 
as discussed in the preamble to the 1998 acquiescence regulations, 63 
FR 24927 (May 6, 1998).

(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; 96.005 
Special Benefits for Disabled Coal Miners; 96.006 Supplemental 
Security Income)
    Dated: October 27, 2000.
Kenneth S. Apfel,
Commissioner of Social Security.
[FR Doc. 00-30700 Filed 12-1-00; 8:45 am]
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