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SSA RIN: 0960-AE93 Publication ID: Fall 2005 
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 
EO 13771 Designation: uncollected 
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 program costs are $165 million in the first five years.

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

Action Date FR Cite
NPRM  10/11/2005  70 FR 58999   
NPRM Comment Period End  12/12/2005    
Final Action  06/00/2006    
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

Gary Sultz
Assistant Regional Counsel
Social Security Administration
200 W. Adams, 30th Floor,
Chicago, IL 60606
Phone:312 353-9257