Proposed Rule2023-26180
Intermediate Improvement to the Disability Adjudication Process: Including How We Consider Past Work; Correction
Primary source
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Published
December 1, 2023
Issuing agencies
Social Security Administration
Abstract
On September 29, 2023, we published a proposed rule entitled Intermediate Improvement to the Disability Adjudication Process: Including How We Consider Past Work. The proposed rule inadvertently contained a sentence of regulatory text which should have been removed. We are publishing this document to correct the error.
Full Text
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<title>Federal Register, Volume 88 Issue 230 (Friday, December 1, 2023)</title>
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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Proposed Rules]
[Page 83877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26180]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Docket No. SSA-2023-0024]
RIN 0960-AI83
Intermediate Improvement to the Disability Adjudication Process:
Including How We Consider Past Work; Correction
AGENCY: Social Security Administration.
ACTION: Notice of proposed rulemaking; correction.
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SUMMARY: On September 29, 2023, we published a proposed rule entitled
Intermediate Improvement to the Disability Adjudication Process:
Including How We Consider Past Work. The proposed rule inadvertently
contained a sentence of regulatory text which should have been removed.
We are publishing this document to correct the error.
DATES: December 1, 2023.
ADDRESSES: Mary Quatroche, Office of Disability Policy, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401, or <a href="/cdn-cgi/l/email-protection#90e2f5f7e5fcf1e4f9fffee3d0e3e3f1bef7ffe6"><span class="__cf_email__" data-cfemail="22504745574e43564b4d4c51625151430c454d54">[email protected]</span></a>.
For information on eligibility or filing for benefits, visit our
internet site, Social Security Online, at <a href="https://www.socialsecurity.gov">https://www.socialsecurity.gov</a>.
FOR FURTHER INFORMATION CONTACT: Mary Quatroche, Office of Disability
Policy, Social Security Administration, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, (410) 966-4794, or <a href="/cdn-cgi/l/email-protection#a9dbcccedcc5c8ddc0c6c7dae9dadac887cec6df"><span class="__cf_email__" data-cfemail="e2908785978e83968b8d8c91a2919183cc858d94">[email protected]</span></a>.
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 <a href="https://www.socialsecurity.gov">https://www.socialsecurity.gov</a>.
SUPPLEMENTARY INFORMATION:
Correction
We published a proposed rule, on September 29, 2023, (88 FR 67135).
We propose revising the time period that we consider when determining
whether an individual's past work is relevant for purposes of making
disability determinations and decisions. That document inadvertently
contained a sentence in proposed 20 CFR 416.965(a) on page 67148 in the
2nd column, beginning at line 23, which read, ``The five-year guide is
intended to ensure that remote work experience is not currently
applied.'' This correction removes that sentence.
0
Correct Sec. 416.965(a) by removing the above sentence. The revised
text to read as follows:
Sec. 416.965 Your work experience as a vocational factor. [Corrected]
(a) General. Work experience means skills and abilities you have
acquired through work you have done which show the type of work you may
be expected to do. Work you have already been able to do shows the kind
of work that you may be expected to do. We consider that your work
experience applies when it was done within the last five years, lasted
long enough for you to learn to do it, and was substantial gainful
activity. We do not usually consider that work you did more than five
years before the time we are deciding whether you are disabled applies.
A gradual change occurs in most jobs so that after five years it is no
longer realistic to expect that skills and abilities acquired in a job
done then continue to apply. If you have no work experience or worked
only ``off-and-on'' or for brief periods of time during the five-year
period, we generally consider that these do not apply. If you have
acquired skills through your past work, we consider you to have these
work skills unless you cannot use them in other skilled or semi-skilled
work that you can now do. If you cannot use your skills in other
skilled or semi-skilled work, we will consider your work background the
same as unskilled. However, even if you have no work experience, we may
consider that you are able to do unskilled work because it requires
little or no judgment and can be learned in a short period of time.
* * * * *
Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional
Affairs, Social Security Administration.
[FR Doc. 2023-26180 Filed 11-30-23; 8:45 am]
BILLING CODE 4191-02-P
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