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SSA

RIN: 0960-AH86

Publication ID: Fall 2018

Title: Removing Inability to Communicate in English as an Education Category
Abstract: We propose to revise existing disability evaluation rules relating to the ability to communicate in English. Specifically, we will clarify that an inability to communicate in English is not tantamount to illiteracy or inadequate verbal communication. Rather, an inability to communicate adequately verbally or in writing in any language will be the effective standard. The proposed revisions will reflect current research, analysis of our disability program data, Federal agency data about workforce participation, and comments we received from the public in response to an Advance Notice of Proposed Rulemaking.
Agency: Social Security Administration(SSA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: No
EO 13771 Designation: Fully or Partially Exempt
CFR Citation: 20 CFR 404.1564, part 404 subpart P app 20 CFR 416.964
Legal Authority: 42 U.S.C. 402 42 U.S.C. 405(a) to 405(b) 42 U.S.C. 405(d) to 405(h) 42 U.S.C. 416(i) 42 U.S.C. 421(a) 42 U.S.C. 421(h) to (j) 42 U.S.C. 422(c) 42 U.S.C. 423 42 U.S.C. 425 42 U.S.C. 902(a)(5)

Legal Deadline: None

Statement of Need:

These changes would modernize our disability program consistent with current research and data about disability and workforce participation.

Summary of the Legal Basis:

42 U.S.C. 902(a)(5). Multiple sections of the Social Security Act. No aspect is required by statute or court order.

Alternatives:

Undetermined at this time.

Anticipated Costs and Benefits:

No costs on the public are anticipated as a result of this proposed rule. Benefits include more consistent and appropriate evaluations of vocational factors by eliminating the false equivalence between an inability to communicate in English and illiteracy.

Risks:

Timetable:

Action	Date	FR Cite
NPRM	10/00/2018

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: Yes
Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Daniel O'Brien Director, Office of Retirement and Disability Policy Social Security Administration Office of Vocational, Evaluation, and Process Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 597-1632 Email: dan.obrien@ssa.gov