From a notice posted by Social Security in the Federal Register:
By this notice we are rescinding the following [Social Security Rulings]:
- SSR 83-33: Titles II and XVI: Determining Whether Work Is Substantial Gainful Activity--Employees;
- SSR 83-34: Titles II and XVI: Determining Whether Work Is Substantial Gainful Activity--Self-Employed Persons;
- SSR 83-35: Titles II and XVI: Averaging of Earnings in Determining Whether Work Is Substantial Gainful Activity;
- SSR 84-25: Titles II and XVI: Determination of Substantial Gainful Activity If Substantial Work Activity Is Discontinued or Reduced--Unsuccessful Work Attempt; and
- SSR 84-26: Titles II and XVI: Deducting Impairment-Related Work Expenses From Earnings In Determinations As To Substantial Gainful Activity Under Titles II And XVI And As To Countable Earned Income Under Title XVI. ….
The stated reason for rescinding the SSRs is that subsequent regulations have superseded them.
4 comments:
How will this affect determining PRW? or the application of the grid rules or step 5 decisions?
Charles, it's also worth noting the following justification at the very end of the Federal Register notice of rescission:
"We are also rescinding these SSRs as part of the agency's
compliance with Executive Order 14192, Unleashing Prosperity through
Deregulation, which directs agencies to rescind as appropriate sub-
regulatory guidance documents."
Some of these were still being applied by judges in ways that were flat out inconsistent with changes made to the regulations in recent years. So good riddance!
So pardon my ignorance, but what effect does this have on policy at ssa? Does this mean the UWA provisions etc will go away? Like what happens when a social security ruling is rescinded?
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