[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