SSA Published Recent Regulatory Actions

Deregulatory action, Rescission of Social Security Rulings 83-33, 83-34, 83-35, 84-25, and 84-26 (May 28, 2025)

Summary: By this notice we are rescinding the following SSRs:

• SSR 83-33: Titles II and XVI: Determining Whether Work Is Substantial Gainful Activity—Employees;

• SSR 83-34: Titles II and XVI: Determining Whether Work Is Substantial Gainful Activity—Self-Employed Persons;

• SSR 83-35: Titles II and XVI: Averaging of Earnings in Determining Whether Work Is Substantial Gainful Activity;

• SSR 84-25: Titles II and XVI: Determination of Substantial Gainful Activity If Substantial Work Activity Is Discontinued or Reduced—Unsuccessful Work Attempt; and

• SSR 84-26: Titles II and XVI: Deducting Impairment-Related Work Expenses From Earnings In Determinations As To Substantial Gainful Activity Under Titles II And XVI And As To Countable Earned Income Under Title XVI.

These SSRs were published in the early 1980s as policy interpretations binding on all components of the agency. We are rescinding these SSRs which address unsuccessful work attempts and substantial gainful activity (SGA) because they contain information that has since been updated, clarified, or has become obsolete by our regulations.

We are also rescinding these SSRs as part of the agency's compliance with Executive Order 14192, Unleashing Prosperity through Deregulation, which directs agencies to rescind as appropriate sub-regulatory guidance documents.

Notice of Proposed Rulemaking, Use of Electronic Payroll Data To Improve Program Administration (February 15, 2024)

Summary: Section 824 of the Bipartisan Budget Act of 2015 (BBA) authorizes the Commissioner of Social Security to enter into information exchanges with payroll data providers to obtain wage and employment information. We use wage and employment information to administer the Old-Age, Survivors, and Disability Insurance (OASDI) disability and Supplemental Security Income (SSI) programs under titles II and XVI of the Social Security Act (Act). We are proposing these rules pursuant to section 824 of the BBA, which requires us to prescribe, by regulation, procedures for implementing the access to and use of the information held by payroll data providers. We expect these proposed rules will support proper use of information exchanges with payroll data providers that will help us administer our programs more efficiently and prevent improper payments under titles II and XVI of the Act, which can otherwise occur when we do not receive timely and accurate wage and employment information.

Attorney Brent Klender has represented Disabled Individuals throughout the United States with their claims for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits for over 20 years. CALL: (210) 734-0918 or (260) 600-2272