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72416 Federal Register / Vol. 70, No.

232 / Monday, December 5, 2005 / Proposed Rules

(C) Vacated the warrant for your arrest (ii) You have neither been convicted to amend our regulations by adding this
for the criminal offense, or of nor pled guilty to another felony policy to our title II regulations and by
(D) Issued any similar exonerating crime (or, in jurisdictions in the United restating it in the title XVI CDR
order or took a similar exonerating States and abroad that do not define regulatory provisions.
action, or crimes as felonies, is punishable by DATES: To be sure that your comments
(ii) You were erroneously implicated death or imprisonment for more than 1 are considered, we must receive them
in connection with the criminal offense year, regardless of the actual sentence no later than February 3, 2006.
by reason of identity fraud or mistaken imposed) since the date of the warrant, ADDRESSES: You may give us your
identity. and comments by: using our Internet site
(2) If none of the actions in paragraph (iii) The warrant was issued 10 or facility (i.e., Social Security Online) at
(b)(1) of this section are met, we may more years ago, and http://policy.ssa.gov/erm/rules.nsf/
find you eligible and pay you benefits (iv) Your medical condition impairs Rules+Open+To+Comment or the
if you contact us within 1 year of the your mental capability to resolve the Federal eRulemaking Portal at http://
date you receive our notice of planned warrant; or you are incapable of www.regulations.gov; e-mail to
action and supply proof within 90 days managing your benefits; or you are regulations@ssa.gov; by telefax to (410)
after the date you contact us that all of legally incompetent; or we have 966–2830; or by letter to the
the following apply: appointed a representative payee to
(i) The crime, attempt to commit a Commissioner of Social Security, P.O.
handle your benefits; or you are residing Box 17703, Baltimore, MD 21235–7703.
crime, or violating a condition of
in a long-term care facility, such as a You may also deliver them to the Office
probation or parole which the warrant is
nursing home or mental treatment/care of Regulations, Social Security
based on was both nonviolent and not
facility. Administration, 100 Altmeyer Building,
drug-related and, if violating probation
(c) Resumption of payments. If 6401 Security Boulevard, Baltimore, MD
or parole, the original crime(s) for which
benefits are otherwise payable, they will 21235–6401, between 8 a.m. and 4:30
you were paroled or put on probation
be resumed effective with the first p.m. on regular business days.
was both nonviolent and not drug-
month throughout which you no longer Comments are posted on our Internet
related. Violent crimes are those that
have an outstanding warrant, or are no site, at http://policy.ssa.gov/erm/
threaten, attempt to use, or actually use
longer violating a condition of probation rules.nsf/Rules+Open+To+Comment, or
physical force against a person; e.g.,
or parole. If we determine that you meet you may inspect them on regular
assault, homicide, kidnapping/
the requirements in paragraph (b) of this business days by making arrangements
abduction, robbery, and forcible sex
section, we will pay you benefits and with the contact person shown in this
offenses. Drug-related crimes are those preamble.
repay any benefits previously withheld
involving the unlawful cultivation, Electronic Version: The electronic file
under paragraph (a) of this section,
manufacture, distribution, sale, of this document is available on the date
beginning with either the month the
purchase, use, possession, of publication in the Federal Register at
arrest warrant was issued, the month of
transportation, or importation of any http://www.gpoaccess.gov/fr/
initial title XVI eligibility, or January
controlled drug or narcotic substance, index.html. It is also available on the
2005, whichever is later.
and Internet site for SSA (i.e., Social
(ii) You have neither been convicted [FR Doc. 05–23618 Filed 12–2–05; 8:45 am]
Security Online) at http://
of nor pled guilty to another felony BILLING CODE 4191–02–P
www.policy.ssa.gov/erm/rules.nsf/
crime (or, in jurisdictions in the United Rules+Open+To+Comment.
States and abroad that do not define
crimes as felonies, is punishable by SOCIAL SECURITY ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Don
death or imprisonment for more than 1 Harvey, Social Insurance Specialist,
20 CFR Parts 404 and 416 Office of Program Development and
year regardless of the actual sentence
imposed) since the date of the warrant, [Regulation Nos. 4 and 16] Research, Social Security
and Administration, 6401 Security
RIN 0960–AG19 Boulevard, Baltimore, MD 21235–6401,
(iii) The law enforcement agency that
issued the warrant reports that it will (410) 597–1026 or TTY (410) 966–5609.
Continuing Disability Review Failure For information on eligibility or filing
not extradite you for the charges on the To Cooperate Process
warrant, or that it will not take action for benefits, call our national toll-free
on the warrant for your arrest. AGENCY: Social Security Administration. number, 1–800–772–1213 or TTY 1–
(3) If paragraphs (b)(1) and (2) of this ACTION: Notice of proposed rulemaking. 800–325–0778 or visit our Internet Web
section do not apply, we will find you site, Social Security Online, at http://
eligible and pay you benefits if you SUMMARY: We propose to amend our www.socialsecurity.gov.
contact us within 1 year of the date you regulations to provide that we will SUPPLEMENTARY INFORMATION:
receive our notice of planned action and suspend your disability benefits before
supply proof within 90 days after the we make a determination during a Statutory Background
date that you contact us that all of the continuing disability review (CDR) Sections 221(i) and 1614(a)(3)(H)(ii)(I)
following apply: under title II and title XVI of the Social of the Act and §§ 404.1589, 416.987 and
(i) The crime, attempt to commit a Security Act (the Act) when you fail to 416.989 of our regulations require that
crime, or violating a condition of comply with our request for necessary after we find that you are disabled, we
probation or parole which the warrant is information. Should you remain non- evaluate your impairment(s) from time
based on was both nonviolent and not compliant for a period of one year to time to determine if you remain
drug-related and, if violating probation following your suspension, we will then disabled. We call this evaluation a
or parole, the original crime(s) for which terminate your disability benefits. continuing disability review (CDR). If
you were paroled or put on probation Although our current title XVI the medical and other evidence shows
was both nonviolent and not drug- regulations generally provide for the that you are not disabled under the
related, as defined in paragraph (b)(2)(i) termination of payments after 12 standards set out in sections 223(f) and
of this section, and months of suspension, we are proposing 1614(a)(4) of the Act, we will end the

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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 72417

payment of cash benefits and terminate disability status. If our review shows XVI, implement a more efficient CDR
your period of disability. that we should stop your benefits, we process, encourage beneficiaries to
Section 1614(a)(3)(H)(iii) of the Act notify you in writing and give you the cooperate during the CDR process, and
and § 416.987 of our regulations require opportunity to appeal. (See §§ 404.1589 make the process less burdensome.
that if you are eligible for payments as and 416.989 of our regulations.) We As a result of the proposed revisions,
a child under title XVI by reason of explain when and how often we will do your failure to cooperate in the CDR
disability, we redetermine that a CDR in §§ 404.1590 and 404.1591 of process would result initially in a
eligibility during the one-year period our title II regulations and in §§ 416.990 suspension rather than a termination of
beginning on your 18th birthday, or, in and 416.991 of our title XVI regulations. benefits based on a determination that
lieu of a CDR, whenever we determine We explain when we will do an age–18 you are no longer entitled to benefits. To
that your case is subject to such a redetermination in § 416.987 of our title have your benefits resumed, you would
review. We call this evaluation an age– XVI regulations. only have to contact your local Social
18 redetermination. If the medical and When we do a CDR, §§ 404.1594(e)(2), Security office and provide the
other evidence shows that you are not 416.987(e)(3), 416.994(b)(4)(ii) and requested information and you would
disabled under the standards set out in 416.994a(f)(2) of our regulations set out have up to 12 months to do so.
section 1614(a)(3)(A)–(B) of the Act, we the general principle that is reflected in Accordingly, you would not have to file
will end the payment of cash payments sections 223(f) and 1614(a)(4) of the Act; an appeal in order to have your benefits
and terminate your period of disability. i.e., that you have the responsibility to resumed. In addition, you would not
Sections 223(f) and 1614(a)(4) of the cooperate with us, or take any required have to request, prepare for, and attend
Act provide that, in general, if you action that we decide is necessary to a hearing for your benefits to be
receive disability benefits under titles II allow us to complete the CDR or age– resumed.
and/or XVI of the Act, we may find that 18 redetermination. If you do not
you are no longer disabled if substantial How Are We Proposing To Change Our
cooperate with us, and you do not have
evidence shows that there has been Regulations?
good cause as defined in §§ 404.911 and
medical improvement in your 416.1411 of our regulations for not We propose to revise §§ 404.1587 and
impairment or combination of cooperating, we will find that your 404.1596 of our title II regulations and
impairments, and you are now able to disability has ended. to add new § 416.992 to our title XVI
do substantial gainful activity. Under We currently have no provision in our regulations. With respect to § 404.1587,
title XVI, if you are a child (an regulations that allows us to suspend we propose to revise the title to reflect
individual under age 18), substantial your benefits under title II of the Act if that your benefits may be terminated as
evidence must show that there has been you fail to cooperate with us when we well as suspended. In addition, we
medical improvement in your request necessary information during a propose to designate the current
impairment or combination of CDR. However, § 416.1322 of our title paragraph as paragraph (a) and add a
impairments, and the impairment(s) XVI regulations provides general heading to it. We also propose to add
must no longer cause marked and severe authority that allows us to suspend your new paragraphs (b) and (c). Under
functional limitations. We call this the payments under title XVI of the Act, proposed § 404.1587(b), we would
medical improvement review standard whenever you fail to cooperate with our suspend your benefits during a CDR
(MIRS), and we apply it whenever we requests for information, including when you do not cooperate with us by
do a CDR for an adult or child. The during a CDR. failing to comply with our written
statute also provides, however, for When we suspend your title XVI request for any necessary information. If
several exceptions to the ‘‘medical payments for such failure to cooperate you subsequently give us the
improvement’’ requirement where we under § 416.1322, we follow information that we requested, we
will not apply the MIRS. One of those § 416.714(b) of our regulations, which would reinstate your benefits and
exceptions to applying the MIRS is the gives you thirty days from the date of continue with the CDR process. We
situation where you fail, without good our written request to comply with the would reinstate your benefits for any
cause, to cooperate with us when we do request for information. We also follow previous month for which they are
a CDR. § 416.1336 of our regulations, which otherwise payable. Under proposed
provides that before we suspend, § 404.1587(c), we would terminate your
Continuing Disability Review and Age– benefits following 12 consecutive
reduce, or terminate your title XVI
18 Redetermination Processes Under months of benefit suspension when you
payments, we will give you advance
Our Current Regulations fail to comply with our written request
notice of our intent and provide you
When we begin a CDR or an age–18 with appeal rights and payment for any necessary information made
redetermination, we notify you that we continuation rights pending resolution during a CDR. This termination would
are reviewing your eligibility for of the appeal. When we terminate your be effective with the start of the 13th
disability benefits and explain why we title XVI payments due to continuous month after your benefits were stopped
are reviewing your eligibility; what suspension of payments, we follow because you failed to cooperate. You
standard will apply, either the MIRS in § 416.1335 of our regulations, which would have the right to appeal the
a CDR or the initial claims criteria in an provides that we will terminate your termination, but you would not have
age–18 redetermination; that our review eligibility for payments following 12 benefit continuation rights.
could result in the termination of your consecutive months of payment Under the proposed revisions to
benefits; and that you have the right to suspension. § 404.1596, we would revise the title to
submit medical and other evidence for reflect that your benefits may be
us to consider during the CDR or the Why Are We Proposing To Revise Our terminated as well as suspended. We
age–18 redetermination. Before we Regulations? also would remove current paragraphs
determine whether you are still We are continually exploring ways to (c)(1) and (c)(2) and add new paragraphs
disabled, we develop a complete improve the disability process. These (d) and (e) to explain that we would not
medical history covering at least the 12 proposed rule changes would allow us make a medical determination when
months preceding the date that you to make our rules consistent for all you do not cooperate with us by failing
complete a report about your continuing beneficiaries under both titles II and to comply with our written request for

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72418 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules

any necessary information. We would Clarity of These Proposed Rules 20 CFR Part 416
suspend your benefits only after we give Administrative practice and
you advance notice. (See § 404.1595.) Executive Order (E.O.) 12866, as
amended by E.O.13258, requires each procedure, Aged, Blind, Disability
The advance notice would tell you what benefits, Public assistance programs,
you need to do so that your benefits are agency to write all rules in plain
language. In addition to your Reporting and recordkeeping
not suspended as outlined in requirements, Supplemental Security
§ 404.1595(b)(3) of our regulations. substantive comments on these
proposed rules, we invite your Income (SSI).
Under the proposed revisions to
comments on how to make these Dated: November 28, 2005.
§ 404.1596(d), we are adding language to
proposed rules easier to understand. For Jo Anne B. Barnhart,
explain that if we suspend your benefits
example: Commissioner of Social Security.
because you fail to cooperate and you
subsequently give us the information • Have we organized the material to suit For the reasons set out in the
that we requested, we would reinstate your needs? preamble, we propose to amend subpart
your benefits and continue with the • Are the requirements in the rules P of part 404 and subpart I of part 416
CDR process. We would reinstate your clearly stated? of chapter III of title 20 of the Code of
benefits for any previous months for • Do the rules contain technical Federal Regulations, as set forth below:
which they are otherwise payable. language or jargon that is not clear?
With respect to § 404.1596(e), we • Would a different format (grouping PART 404—FEDERAL OLD-AGE,
propose to explain that if we suspend and order of sections, use of headings, SURVIVORS AND DISABILITY
your benefits because you do not give us paragraphing) make the rules easier to INSURANCE (1950–)
the information that we need and you understand?
fail to respond during the subsequent Subpart P—[Amended]
12-month period, we would terminate • Would more (but shorter) sections be
better? 1. The authority citation for subpart P
your benefits. The termination would be of part 404 continues to read as follows:
effective with the start of the 13th • Could we improve clarity by adding
month after your benefits were stopped tables, lists, or diagrams? Authority: Sections 202, 205(a), (b), and
because you failed to cooperate. You • What else could we do to make the (d)-(h), 216(i), (221(a) and (i), 222(c), 223,
225, and 702(a)(5) of the Social Security Act
would have the right to appeal the rules easier to understand?
(42 U.S.C. 402, 405(a), (b), and (d)-(h), 416(i),
termination, but you would not have Regulatory Procedures 421(a) and (i), 422(c), 423, 425, and
benefit continuation rights. 902(a)(5)); section 211(b), Pub. L. 104–193,
We are proposing to add a new Executive Order 12866 110 Stat. 2105, 2189.
§ 416.992 to explain what would 2. Section 404.1587 is revised to read
We have consulted with the Office of
happen if you fail to comply with our as follows:
Management and Budget (OMB) and
request for information during a CDR or
determined that these proposed rules
age–18 redetermination. We would § 404.1587 Circumstances under which we
would meet the criteria for a significant
suspend your payments before we make may suspend and terminate your benefits
regulatory action under E.O. 12866, as before we make a determination.
a determination regarding your
amended by E.O. 13258. Thus they were
continuing eligibility for disability (a) We will suspend your benefits if
subject to OMB review.
payments if you fail to comply with our you are not disabled. We will suspend
request for information for your CDR or Regulatory Flexibility Act your benefits if all of the information we
age–18 redetermination. We would have clearly shows that you are not
We certify that these proposed rules
suspend your payments only after we disabled and we will be unable to
would not have a significant economic
give you advance notice as described in complete a determination soon enough
impact on a substantial number of small
§ 416.995. The advance notice would to prevent us from paying you more
entities because they affect only
tell you what you need to do so that monthly benefits than you are entitled
individuals. Thus, a regulatory
your payments are not suspended as to. This may occur when you are blind
flexibility analysis as provided in the
outlined in § 416.1336 of our as defined in the law and age 55 or older
Regulatory Flexibility Act, as amended,
regulations. If we suspend your and you have returned to work similar
is not required.
payments because you fail to cooperate to work you previously performed.
and you subsequently give us the Paperwork Reduction Act (b) We will suspend your benefits if
information that we requested, we you fail to comply with our request for
would reinstate your payments and These proposed regulations impose necessary information. We will suspend
continue with the CDR or age–18 no reporting requirements subject to your benefits effective with the month
redetermination process. We would OMB clearance. in which it is determined in accordance
reinstate your payments for any (Catalog of Federal Domestic Assistance with § 404.1596(b)(2)(i) that your
previous month for which they are Program Nos. 96.001, Social Security— disability benefits should stop due to
otherwise payable. If we suspend your Disability Insurance; 96.002, Social your failure, without good cause, to
payments because you do not give us Security—Retirement Insurance; 96.004; comply with our request for necessary
Social Security—Survivors Insurance;
the information that we need and you 96.006; Supplemental Security Income.)
information. When we have received the
fail to respond during the subsequent information, we will continue with the
12-month period, we would terminate List of Subjects CDR process and reinstate your benefits
your payments. The termination would 20 CFR Part 404 for any previous month for which they
be effective with the start of the 13th are otherwise payable.
month after your payments were Administrative practice and (c) We will terminate your benefits.
stopped because you failed to cooperate. procedure, Blind, Disability benefits, We will terminate your benefits
You would have the right to appeal the Old-Age, Survivors, and Disability following 12 consecutive months of
termination, but you would not have Insurance, Reporting and recordkeeping benefit suspension because you did not
payment continuation rights. requirements, Social Security. comply with our request for information

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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 72419

in accordance with § 404.1596(b)(2)(i). § 416.992 What happens if you fail to and will be available for inspection or
We will count the 12-month suspension comply with our request for information. copying at the Waterways Management
period from the start of the first month We will suspend your payments Branch between 7:30 a.m. and 4 p.m.,
that you stopped receiving benefits (see before we make a determination Monday through Friday, except Federal
paragraph (b) of this section). This regarding your continued eligibility for holidays.
termination is effective with the start of disability payments if you fail to comply FOR FURTHER INFORMATION CONTACT:
the 13th month after the suspension with our request for information for Austin Pratt, Chief, Bridge Section,
began because you failed to cooperate. your continuing disability review or (206) 220–7282.
3. Section 404.1596 is amended by age-18 redetermination. The suspension SUPPLEMENTARY INFORMATION:
revising the section heading, removing is effective with the month in which it
paragraphs (c)(1) and (c)(2), is determined in accordance with Request for Comments
redesignating paragraphs (c)(3) and § 416.1322 that your eligibility for We encourage you to participate in
(c)(4) as paragraphs (c)(1) and (c)(2), and disability payments has ended due to this rulemaking by submitting
adding new paragraphs (d) and (e) to your failure to comply with our request comments and related material. If you
read as follows: for necessary information. When we do so, please include your name and
have received the information, we will address, identify the docket number for
§ 404.1596 Circumstances under which we
continue with the CDR or age-18 this rulemaking [CGD13–05–040],
may suspend and terminate your benefits
before we make a determination. redetermination process, and reinstate indicate the specific section of this
your payments for any previous month document to which each comment
* * * * * applies, and give the reason for each
(d) When the suspension is effective. for which they are otherwise payable.
We will terminate your eligibility for comment. Please submit all comments
We will suspend your benefits effective
payments following 12 consecutive and related material in an unbound
with the month in which it is
months of payment suspension as format, no larger than 81⁄2 by 11 inches,
determined in accordance with
discussed in § 416.1335. suitable for copying. If you would like
§ 404.1596(b)(2)(i) that your disability
to know they reached us, please enclose
benefits should stop due to your failure, [FR Doc. 05–23615 Filed 12–2–05; 8:45 am]
a stamped, self-addressed postcard or
without good cause, to comply with our BILLING CODE 4191–02–P
envelope. We will consider all
request for necessary information for comments and material received during
your continuing disability review. This the comment period. We may change
review is to determine whether or not DEPARTMENT OF HOMELAND this proposed rule in view of them.
you continue to meet the disability SECURITY
requirements of the law. When we have Public Meeting
received the information, we will Coast Guard We do not now plan to hold a public
continue with the CDR process and meeting. But you may submit a request
reinstate your benefits for any previous 33 CFR Part 117 for a meeting by writing to the Aids to
month for which they are otherwise Navigation and Waterways Management
[CGD13–05–040]
payable. Branch at the address under ADDRESSES
(e) When we will terminate your RIN 1625–AA09 explaining why one would be
benefits. We will terminate your beneficial. If we determine that one
benefits following 12 consecutive Drawbridge Operation Regulations; would aid this rulemaking, we will hold
months of benefit suspension because Wishkah River, WA one at a time and place announced by
you did not comply with our request for a later notice in the Federal Register.
information in accordance with AGENCY: Coast Guard, DHS.
§ 404.1596(b)(2)(i). We will count the ACTION: Notice of proposed rulemaking. Background and Purpose
12-month suspension period from the The proposed temporary rule would
SUMMARY: The Coast Guard proposes to
start of the first month that you stopped enable the Washington State
temporarily modify the drawbridge
receiving benefits (see paragraph (d) of Department of Transportation (WSDOT),
operation regulations for the Heron
this section). This termination is the owner of the bridge, to rehabilitate
Street Bridge across the Wishkah River,
effective with the start of the 13th the structure and manage interruptions
mile 0.2, at Aberdeen, Washington. The
month after the suspension began to this refurbishment caused by draw
proposed temporary change will enable
because you failed to cooperate. openings. The 48-hour notice
the bridge owner to delay and plan for requirement proposed as a temporary
PART 416—SUPPLEMENTAL openings of the bridge from February requirement would enable the work to
SECURITY INCOME FOR THE AGED, 2006 through March 2007. This will proceed while still providing
BLIND, AND DISABLED facilitate major structural and operational capability. The work
mechanical rehabilitation of the bridge. includes mechanical and electrical
Subpart I—[Amended] DATES: Comments and related material improvements, seismic retrofit, debris
4. The authority citation for subpart I must reach the Coast Guard on or before containment, replacement of all
of part 416 continues to read as follows: February 3, 2006. navigation lights and hydraulic locks for
ADDRESSES: You may mail comments the swing span. This work will be done
Authority: Sections 702(a)(5), 1611, 1614,
1619, 1631(a), (c), and (d)(1), and 1633 of the and related material to Commander between February, 2006 and April,
Social Security Act (42 U.S.C. 902(a)(5), (dpw), 13th Coast Guard District, 915 2007. The replacement of the center
1382, 1382c, 1382h, 1383(a), (c), and (d)(1), Second Avenue, Seattle, WA 98174– bearing will require the bridge to be
and 1383(b); secs. 4(c) and (5), 6(c)-(e), 14(a), 1067 where the public docket for this closed for 14 calendar days and will be
and 15, Pub. L. 98–460, 98 Stat. 1794, 1801, rulemaking is maintained. Comments authorized via a separate rulemaking.
1802, and 1808 (42 U.S.C. 421 note, 1382h and material received from the public, This portion of the project will require
note). as well as documents indicated in this jacking the span in place to replace the
5. Section 416.992 is added to read as preamble as being available in the pivot bearing, thereby immobilizing the
follows: docket, will become part of this docket draw.

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