Legal Authority

Three sections of the Social Security Act give the Commissioner of Social Security broad statutory authority to issue regulations. They are sections 205(a) (title II), 1631(d)(1) (title XVI), and 702(a)(5) (title VII). In addition, several other sections (e.g., section 1631(a)) give the Commissioner specific authority to issue regulations on particular topics.

The regulations the Commissioner issues are also subject to the rulemaking procedures established under section 553 of title 5, United States Code.