Federal Register: September 23, 2009 (Volume 74, Number 183)
DOCID: fr23se09-128 FR Doc E9-22843
SOCIAL SECURITY ADMINISTRATION
Social Security Administration
Docket ID: [Docket No. SSA 2008-0060]
NOTICE: NOTICES
DOCID: fr23se09-128
DOCUMENT ACTION: Notice of Rescission of Social Security Ruling.
SUBJECT CATEGORY:
Social Security Ruling, SSR 85-3.; Rescission of Social Security Ruling 85-3
DATES: Effective Date: This rescission will be effective October 23, 2009.
DOCUMENT SUMMARY:
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of the rescission of Social Security Ruling (SSR) 853.
SUMMARY:
Rescission of Social Security Ruling (85–3)
SUPPLEMENTAL INFORMATION
SSRs make available to the public precedential decisions relating to the Federal oldage, survivors, disability, supplemental security income, special veterans benefits, and black lung benefits programs. SSRs may be based on determinations or decisions made at all levels of administrative adjudication, Federal court decisions, Commissioner's decisions, opinions of the Office of the General Counsel, or other interpretations of the law and regulations.
SSR 853 states that we do not need to authorize a representative's fee when the following conditions are met:
1. The claimant or beneficiary (including any auxiliaries) is not liable to pay a fee or any expenses, or any part thereof, directly or indirectly, to the representative or to someone else.
2. The entity which pays the fee and expenses incurred, if any, on behalf of the claimant(s) or beneficiary(ies) is a nonprofit organization or a Federal, State, county, or city agency.
3. The payment of the fee and any expenses is made from funds provided or administered by a government entity.
4. The representative submits to SSA a written statement waiving the right to charge and collect a fee and expenses from the claimant or beneficiary.
We are publishing a final rule, Authorization of Representative
Fees, in today's Federal Register that incorporates this policy as revised at 20
[[Page 48622]]
CFR 404.1720(e) and 416.1520(e). Accordingly, we are rescinding SSR 85 3 as obsolete.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
SecurityDisability Insurance; 96.002, Social SecurityRetirement
Insurance; 96.004, Social SecuritySurvivors Insurance; and 96.006, Supplemental Security Income)
Dated: July 30, 2009.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E922843 Filed 92209; 8:45 am]
BILLING CODE 419102P
FOR FURTHER INFORMATION CONTACT
Joann S. Anderson, Office of Income Security Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 212356401, (410) 9656716 or TTY 410966 5609, for information about this notice. For information on eligibility or filing for benefits, call our national tollfree number, 1800772 1213 or TTY 18003250778, or visit our Internet site, Social Security Online, at http://www.socialsecurity.gov.