[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Rules and Regulations]
[Pages 51892-51894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25037]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
RIN 0960-AF07
Administrative Review Process; Prehearing Proceedings and
Decisions by Attorney Advisors; Extension of Expiration Dates
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: These final rules extend the time period set out in our
regulations during which attorney advisors in our Office of Hearings
and Appeals (OHA) may conduct certain prehearing proceedings. When the
documentary record developed as a result of these proceedings warrants,
they may issue decisions that are wholly favorable to the parties to
the hearing in claims for Social Security or Supplemental Security
Income (SSI) benefits based on disability. We are extending the date at
which these rules will no longer be effective from April 1, 2000, until
April 2, 2001. We are making no other changes to the substance of the
rules.
EFFECTIVE DATE: October 27, 1999.
FOR FURTHER INFORMATION CONTACT: Lynn Hollway, Office of Disability and
Income Security Programs, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235-6401, (410) 966-0167 for information
about these rules. For information on eligibility or claiming benefits,
call our national toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION: On June 30, 1995, in an action undertaken to
reduce the record numbers of requests for an administrative law judge
(ALJ) hearing pending in our OHA hearing offices, we published final
rules in the Federal Register (60 FR 34126) that authorize OHA's
attorney advisors to conduct certain prehearing proceedings. If a
decision that is wholly favorable to the parties to the hearing may be
issued
[[Page 51893]]
at the completion of these proceedings, they may issue such a decision.
These regulations, which are codified at 20 CFR Sec. 404.942 and
416.1442, included a provision stating that the rules would no longer
be effective on June 30, 1997, unless the Commissioner of Social
Security extended the expiration date of the provisions by publication
of a final rule in the Federal Register. We subsequently published
final rules in the Federal Register on June 30, 1997 (62 FR 35073),
June 30, 1998 (63 FR 35515), and March 22, 1999 (64 FR 13677) extending
the date on which Secs. 404.942 and 416.1442 would no longer be
effective to July 1, 1998, to April 1, 1999, and then to April 1, 2000.
In order to continue to maximize our ability to meet our hearings
production goals, we have decided to extend the date on which these
rules will no longer be effective from April 1, 2000, to April 2, 2001.
These final rules amend the sunset provisions in Secs. 404.942 and
416.1442, which expressly provide for extending the expiration date of
those sections. In both sections, we are extending the provisions
authorizing prehearing proceedings and decisions by attorney advisors,
so that such actions will no longer be effective on April 2, 2001. For
the reasons explained below, we will not extend these rules beyond
April 2, 2001. We are removing from the regulations the provision
allowing us to further extend the rules.
The authorization for attorney advisors to conduct certain
prehearing proceedings and to issue a wholly favorable decision arising
from those proceedings was established as a temporary measure, and
accordingly included a sunset provision. We used this authority to
maximize our ability to meet our hearings production goals while we
developed a comprehensive plan to improve the hearings process. The
comprehensive plan is now ready to be implemented.
We published the plan, called the ``Hearings Process Improvement
Initiative'' (SSA Pub. No. 01-016) in August 1999. The Report is
available on SSA's website at www.ssa.gov, or by calling the Process
Action Team at (410) 966-3972. Implementation of the plan will begin in
10 States in January 2000. By early 2001, the new procedures covered
under the plan will be put into effect in all hearings offices across
the country.
As a result, we are establishing a definite date when the
authorization for attorney advisors to conduct certain prehearing
proceedings and to issue a wholly favorable decision will end--no later
than April 2, 2001. We expect the plan, once fully implemented, to
result in an overall 21% reduction in processing time for hearings, a
16% increase in productivity per workyear and better service to the
public.
The attorney advisor procedure has contributed significantly in
raising the number of dispositions of hearings cases we have been able
to achieve. Last year, attorney advisors were responsible for disposing
of 41,109 hearings. Therefore, we believe it is in the public interest
to continue the procedure, subject to the sunset provision, until the
Hearings Process Improvement Initiative is fully in place. We will
begin phasing out the use of the attorney advisor procedure as
implementation occurs, beginning in January 2000, and will cease using
the procedure before April 2, 2001.
Regulatory Procedures
Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.
902(a)(5), SSA follows the Administrative Procedure Act (APA)
rulemaking procedures specified in 5 U.S.C. 553 in the development of
its regulations. The APA provides exceptions to its notice and public
comment procedures when an agency finds there is good cause for
dispensing with such procedures on the basis that they are
impracticable, unnecessary, or contrary to the public interest. We have
determined that, under 5 U.S.C. 553(b)(B), good cause exists for
dispensing with the notice and public comment procedures in this case.
Good cause exists because these rules only extend the date on which the
regulatory provisions concerning prehearing proceedings and decisions
by attorney advisors will no longer be effective. We believe these
rules make no substantive change to those provisions. The current
regulations expressly provide that the provisions may be extended.
Therefore, opportunity for prior comment is unnecessary, and we are
issuing these regulations as final rules.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these rules do not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, the
rules are not subject to OMB review.
Regulatory Flexibility Act
We certify that these rules will not have a significant economic
impact on a substantial number of small entities because they affect
only individuals. Therefore, a regulatory flexibility analysis as
provided in the Regulatory Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
These rules impose no reporting or recordkeeping requirements which
need to be cleared by OMB.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security-Disability Insurance; 96.006, Supplemental Security Income)
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Death benefits, Disability
benefits, Old-age, Survivors and Disability Insurance, Reporting and
recordkeeping requirements, Social Security.
20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Supplemental Security Income
(SSI), Reporting and recordkeeping requirements.
Dated: August 26, 1999.
Kenneth S. Apfel,
Commissioner of Social Security.
For the reasons set out in the preamble, subpart J of part 404 and
subpart N of part 416 of chapter III of title 20 of the Code of Federal
Regulations are amended as set forth below.
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart J--[Amended]
1. The authority citation for subpart J of part 404 continues to
read as follows:
Authority: Secs. 201(j), 204(f), 205(a), (b), (d)-(h), and (j),
221, 225, and 702(a)(5) of the Social Security Act (42 U.S.C.
401(j), 404(f), 405(a), (b), (d)-(h), and (j), 421, 425, and
902(a)(5)); 31 U.S.C. 3720A; sec. 5, Pub. L. 97-455, 96 Stat. 2500
(42 U.S.C. 405 note); secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98
Stat. 1802 (42 U.S.C. 421 note).
2. Section 404.942 is amended by revising paragraph (g), to read as
follows:
Sec. 404.942 Prehearing proceedings and decisions by attorney
advisors.
* * * * *
(g) Sunset provision. The provisions of this section will no longer
be effective on April 2, 2001.
[[Page 51894]]
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart N--[Amended]
1. The authority citation for subpart N continues to read as
follows:
Authority: Sec. 702(a)(5), 1631, and 1633 of the Social Security
Act (42 U.S.C. 902(a)(5), 1383, and 1383b); 31 U.S.C. 3720A.
2. Section 416.1442 is amended by revising paragraph (g), to read
as follows:
Sec. 416.1442 Prehearing proceedings and decisions by attorney
advisors.
* * * * *
(g) Sunset provision. The provisions of this section will no longer
be effective on April 2, 2001.
[FR Doc. 99-25037 Filed 9-24-99; 8:45 am]
BILLING CODE 4190-29-P
