Social security benefits and supplemental security income: Federal old age, survivors, and disability benefits; and aged, blind, and disabled— Prehearing proceedings and decisions; attorney advisors authority; extension,

[Federal Register: September 27, 1999 (Volume 64, Number 186)]

[Rules and Regulations]

[Page 51892-51894]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27se99-3]

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.

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. 99-25037Filed9-24-99; 8:45 am]

   BILLING CODE 4190-29-P