[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Notices]
[Pages 36726-36727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17839]


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SOCIAL SECURITY ADMINISTRATION


Rescission of Social Security Acquiescence Ruling 87-2(11)

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security acquiescence Ruling 87-
2(11)--Butterworth v. Bowen, 796 F.2d 1379 (11th Cir. 1986).

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SUMMARY: In accordance with 20 CFR 404.985(e), 416.1485(e) and 
402.35(b)(2), the Commissioner of Social Security gives notice of the 
rescission of Social Security Acquiescence Ruling 87-2(11).

EFFECTIVE DATE: August 6, 1998.

FOR FURTHER INFORMATION CONTACT:
Gary Sargent, 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 (the 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Security Acquiescence Ruling may be rescinded as obsolete if we 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 May 1, 1987, we issued Acquiescence Ruling 87-2(11) to reflect 
the holding in Butterworth v. Bowen, 796 F.2d 1379 (11th Cir. 1986), 
that the Social Security Administration's Appeals Council \1\ is 
authorized to

[[Page 36727]]

initiate reopening of Administrative Law Judge (ALJ) decisions only 
when the decision ``is properly before it.'' The court explained 
several methods by which an ALJ decision may be properly before the 
Appeals Council including when the Council timely takes own motion 
review of a decision. Furthermore, the court's holding limited the 
reopening jurisdiction of the Appeals Council by specifically requiring 
timely own motion review to begin within the 60-day time period 
provided in 20 CFR 404.969.
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    \1\ Under the Social Security Independence and Program 
Improvements Act of 1994, Pub. L. No. 103-296, effective March 31, 
1995, SSA became an independent Agency in the Executive Branch of 
the United States Government and was provided ultimate 
responsibility for administering the Social Security and 
Supplemental Security Income programs under titles II and XVI of the 
Act. Prior to march 31, 1995, the Secretary of Health and Human 
Services had such responsibility.
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    Concurrent with the rescission of this Ruling, we are publishing 
our final rules amending sections 404.969 and 416.1469 of Social 
Security Regulations Nos. 4 and 16 (20 CFR 404.969 and 416.1469), to 
clarify when the Appeals Council has own motion review authority to 
reopen and revise ALJ decisions in accordance with the provisions of 20 
CFR 404.987, 404.988, 416.1487 and 416.1488. The final rules provide in 
paragraphs 404.969(d) and 416.1469(d) that if the Appeals Council is 
unable to decide within the applicable 60-day period whether to review 
a decision or dismissal, it may consider at a later time whether the 
decision or dismissal should be reopened and revised under 20 CFR 
404.987, 404.988, 416.1487 and 416.1488. Under the final rules, the 
Appeals Council's authority to reopen and revise ALJ decisions is not 
limited by the 60-day period provided in paragraphs 404.969(a) and 
416.1469(a).
    Because the final rules address the Butterworth court's concerns 
and explain that the Appeals Council's authority to reopen and revise 
ALJ decisions is not subject to the 60-day period provided in 
paragraphs 404.969(a) and 416.1469(a), we are rescinding Acquiescence 
Ruling 87-2(11). The final rules and this rescission restore 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; 96.003 Special Benefits for Persons Aged 72 and Over; 
96.004 Social Security--Survivors Insurance; 96.006 Supplemental 
Security Income)

    Dated: May 27, 1998.
Kenneth S. Apfel,
Commissioner of Social Security.
[FR Doc. 98-17839 Filed 7-6-98; 8:45 am]
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