Rules Regarding the Frequency and Notice of Continuing Disability Reviews; Withdrawal

Published date28 July 2021
Citation86 FR 40387
Record Number2021-15896
SectionProposed rules
CourtSocial Security Administration
Federal Register, Volume 86 Issue 142 (Wednesday, July 28, 2021)
[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
                [Proposed Rules]
                [Pages 40387-40388]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-15896]
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                SOCIAL SECURITY ADMINISTRATION
                20 CFR Parts 404 and 416
                [Docket No. SSA-2018-0026]
                RIN 0960-AI27
                Rules Regarding the Frequency and Notice of Continuing Disability
                Reviews; Withdrawal
                AGENCY: Social Security Administration.
                ACTION: Proposed rule; withdrawal.
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                SUMMARY: We are withdrawing the Notice of Proposed Rulemaking (NPRM),
                Rules Regarding the Frequency and Notice of Continuing Disability
                Reviews, published in the Federal Register on November 18, 2019.
                DATES: The proposed rule, published at 84 FR 63588, November 18, 2019,
                identified in this document is withdrawn as of July 28, 2021.
                ADDRESSES: Office of Regulations and Reports Clearance, Social Security
                Administration, 3100 West High Rise Building, 6401 Security Boulevard,
                Baltimore, Maryland 21235-6401.
                FOR FURTHER INFORMATION CONTACT: Michael J. Goldstein, Director, Office
                of Medical Policy, Social Security Administration, 6401 Security
                Boulevard, Baltimore, MD 21235-6401, (410) 965-1020. For information on
                eligibility or filing for benefits, call our national toll-free number,
                1-800-772-1213, or TTY 1-800-325-0778, or visit our internet site,
                Social Security Online, at http://www.socialsecurity.gov.
                SUPPLEMENTARY INFORMATION: On November 18, 2019, we proposed to revise
                our regulations regarding when and how often we conduct continuing
                disability reviews (CDR), which are periodic reviews of eligibility
                required for benefit continuation.\1\ The proposed rules would have
                added a category to the existing medical diary categories that we use
                to schedule CDRs, and would have revised the criteria for assigning
                each of the medical diary categories to cases. The proposed rules would
                also have changed the frequency with which we perform a CDR for claims
                involving permanent impairments.
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                 \1\ 84 FR 63588 (November 18, 2019).
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                 In this proposed rule, we provided a 60-day comment period, which
                we extended for 15 days, concluding on January 31, 2020.\2\ We received
                125,552 comments during the comment cycle.\3\
                [[Page 40388]]
                The total comment count reflects electronic submissions through the
                eRulemaking portals at the Office of the Federal Register and
                Regulations.gov, as well as emailed, mailed, and faxed comments. We did
                not make 181 comments available. These 181 comments were submitted
                after the comment period closed; included personally identifiable
                information or profanity; were unrelated to the rulemaking subject
                matter; or were submitted by individuals commenting in their capacity
                as Social Security Administration (SSA) employees.
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                 \2\ 84 FR 67394 (December 10, 2019).
                 \3\ The comments are available for public viewing at
                www.regulations.gov by searching Docket No SSA-2018-0026.
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                 The Office of Management and Budget conducted 11 listening sessions
                under the authority of Executive Order (E.O.) 12866 during December
                2020 and January 2021 for interested stakeholders, many of whom also
                provided thoughtful and relevant comments during the NPRM comment
                period. We appreciate all the commenters who provided thoughtful
                feedback on their analysis of, and concerns about, the proposed rule.
                Withdrawal of the Proposed Rule
                 After considering the submitted comments and further feedback
                provided in the listening sessions, we are withdrawing the proposed
                rule, Rules Regarding the Frequency and Notice of Continuing Disability
                Reviews (84 FR 63588, November 18, 2019) (RIN 0960-AI27). We noted our
                intent to withdraw the proposed rule in our Spring 2021 Unified Agenda
                of Regulatory and Deregulatory Actions.\4\
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                 \4\ Our Unified Agenda of Regulatory and Deregulatory Actions is
                available on Reginfo.gov and can be accessed at https://www.reginfo.gov/public/do/eAgendaMain.
                (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; 96.006,
                Supplemental Security Income).
                List of Subjects
                20 CFR Part 404
                 Administrative practice and procedure, Blind, Disability benefits,
                Old-age, Survivors and Disability insurance, Reporting and
                recordkeeping requirements, Social security.
                20 CFR Part 416
                 Administrative practice and procedure, Reporting and recordkeeping
                requirements, Social security, Supplemental Security Income (SSI).
                 The Acting Commissioner of the Social Security Administration,
                Kilolo Kijakazi, having reviewed and approved this document, is
                delegating the authority to electronically sign this document to Faye
                I. Lipsky, who is the primary Federal Register Liaison for SSA, for
                purposes of publication in the Federal Register.
                Faye I. Lipsky,
                Federal Register Liaison, Office of Legislation and Congressional
                Affairs, Social Security Administration.
                [FR Doc. 2021-15896 Filed 7-27-21; 8:45 am]
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