Publication, effectiveness and payment are three different dates in the Social Security Administration’s October 17, 2016 final rule. Most amendments take effect November 16, 2016. The changes to expedited-reinstatement eligibility in sections 404.1592c and 416.999a take effect April 17, 2017. Neither date is the publication date, and neither promises payment to every applicant. [2016-24873]
The May 11 proposal identifies two separate problems. Unsuccessful work attempts lasting three to six months required additional evidence beyond the shorter-attempt test. Previously entitled people who stopped substantial gainful activity during a month could also have to wait until the next month to request expedited reinstatement. These are different administrative questions, though SSA addressed them in the same proceeding. [2016-24873][2016-10932]
The final work-attempt provisions remove the additional conditions for the longer attempts. They do not remove the requirement that the impairment, or loss of special conditions accommodating it, caused work to stop or earnings to fall below the relevant level. The reinstatement provisions allow a request in the month the person becomes unable to perform substantial gainful activity, subject to the remaining eligibility rules. [2016-24873]
Payment timing needs its own reading. Section 404.1592e distinguishes a request month with substantial gainful activity from one without it: provisional benefits begin the following month in the former situation. The earlier proposal explains why accepting requests sooner was expected to help processing. It and the final rule are a shared policy chain, not two independent demonstrations of improved outcomes. [2016-24873][2016-10932]
Source documents
- Unsuccessful Work Attempts and Expedited Reinstatement Eligibilityhttps://www.govinfo.gov/content/pkg/FR-2016-10-17/html/2016-24873.htm
- Unsuccessful Work Attempts and Expedited Reinstatement Eligibilityhttps://www.govinfo.gov/content/pkg/FR-2016-05-11/html/2016-10932.htm