[Federal Register: October 28, 1998 (Volume 63, Number 208)]
[Notices]               
[Page 57727-57728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc98-121]

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SOCIAL SECURITY ADMINISTRATION

 
Rescission of Social Security Acquiescence Ruling 86-17(9)

AGENCY: Social Security Administration (SSA).

ACTION: Notice of Rescission of Social Security Acquiescence Ruling 
(AR) 86-17(9)--Owens v. Schweiker, 692 F.2d 80 (9th Cir. 1982).

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SUMMARY: In accordance with 20 CFR 404.985(e) and 402.35(b)(2), the 
Commissioner of Social Security gives notice of the rescission of 
Social Security AR 86-17(9).

EFFECTIVE DATE: This notice of rescission is effective November 27, 
1998.

FOR FURTHER INFORMATION CONTACT: Gary Sargent, Litigation Staff, Social 
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235, 
(410) 965-1695.

SUPPLEMENTARY INFORMATION: A Social Security AR explains how we will 
apply a holding in a decision of a United States Court of Appeals that 
we determine conflicts with our

[[Page 57728]]

interpretation of a provision of the Social Security Act (the Act) or 
regulations when the Government has decided not to seek further review 
of the case or is unsuccessful on further review.
    As provided by 20 CFR 404.985(e)(4), a Social Security AR may be 
rescinded as obsolete if we subsequently clarify, modify or revoke the 
regulation or ruling that was the subject of the circuit court holding 
for which the AR was issued.
    On May 21, 1986, we published AR 86-17(9) to reflect the holding in 
Owens v. Schweiker, 692 F.2d 80 (9th Cir. 1982) (see 52 FR 29441, 29442 
(August 7, 1987)), that SSA, for purposes of determining a surviving 
child's entitlement to benefits under section 216(h)(2)(A) of the Act, 
must apply the State law of intestate succession in effect at the time 
of SSA's determination or decision at any level of administrative 
review.
    Concurrent with the rescission of this Ruling, we are publishing 
our final regulation adding a new paragraph (b)(4) to Sec. 404.355 of 
Social Security Regulations No. 4 (20 CFR 404.355), to provide that, in 
determining whether an applicant has inheritance rights as the natural 
child of a deceased insured individual, SSA applies the version of the 
State law in effect when SSA makes its final decision on the 
application for benefits. The amended regulation further provides that, 
if the child does not qualify as a child under the State inheritance 
law in effect at the time of our final adjudication, but would qualify 
under the version of that law in effect when the insured individual 
died or any version of that law in effect at any time between the first 
month of the child's potential entitlement and our final decision on 
the child's claim, we will apply the version of the State's inheritance 
law that is most beneficial to the child. Because the change in the 
regulation adopts the Owens court's holding on a nationwide basis when 
the State law in effect when we render our final decision on the claim 
is most beneficial to the child, we are rescinding AR 86-17(9).

(Catalog of Federal Domestic Assistance Program Nos. 96.001 Social 
Security--Disability Insurance; 96.002 Social Security--Retirement 
Insurance; 96.004 Social Security--Survivors Insurance)

    Dated: October 20, 1998.
Kenneth S. Apfel,
Commissioner of Social Security.
[FR Doc. 98-28708 Filed 10-27-98; 8:45 am]
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