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SSA

RIN: 0960-AE93

Publication ID: Fall 2004

Title: Exemption of Work Activity as a Basis for a Continuing Disability Review (Ticket to Work and Work Incentives Improvement Act of 1999) (725P)
Abstract: We are proposing to amend our regulations to explain how we will implement section 221(m) of the Social Security Act (the Act). We are also proposing to amend our regulation to eliminate the use of the secondary substantial gainful activity amount for evaluating work done by an employee prior to January 2001. Section 221(m) affects our rules for when we will conduct a continuing disability review if a beneficiary works and receives benefits under title II of the Act based on disability. (We interpret this section to include beneficiaries who receive both title II disability benefits and Supplemental Security Income (SSI) payments based on disability.) It also affects the way we evaluate work activity when deciding if a beneficiary has engaged in substantial gainful activity, and affects the standards we use when we determine whether disability continues or ends.
Agency: Social Security Administration(SSA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 20 CFR 404.903 20 CFR 404.1574 20 CFR 404.1575 20 CFR 404.1590 20 CFR 404.1592a 20 CFR 404.1594 20 CFR 416.974 20 CFR 416.990 20 CFR 416.994 20 CFR 416.1403
Legal Authority: 42 USC 421(m)

Legal Deadline: None

Statement of Need: This regulation is necessary to clarify how SSA will implement section 221(m) of the Social Security Act, which prohibits starting continuing disability reviews for certain beneficiaries based on work activity, and limits the use of the work activity of certain beneficiaries as evidence that the individual is no longer disabled.

Summary of the Legal Basis: This regulation implements section 221(m) of the Social Security Act, which was added by section 111 of Public Law 106-170.

Alternatives: None.

Anticipated Costs and Benefits: Over a five year period, this regulation will result in a net administrative cost of about $10 million and an SSA workyear savings of 420 workyears. The estimates for costs are $165 million in the first five years.

Risks: At this time we have not identified any risks associated with this proposal.

Timetable:

Action	Date	FR Cite
NPRM	01/00/2005

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Agency Contact: Kristine Erwin-Tribbitt Acting Director Social Security Administration Office of Research, Demonstration, and Employment Support, 6401 Security Boulevard, Baltimore, MD 21235 Phone:410 965-3353 Email: kristine.erwin-tribbitt@ssa.gov Gary Sultz Assistant Regional Counsel Social Security Administration 200 W. Adams, 30th Floor, Chicago, IL 60606 Phone:312 353-9257