[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Notices]
[Pages 71842-71843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33132]


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SOCIAL SECURITY ADMINISTRATION


Statement of Organization, Functions and Delegations of Authority

    This statement amends part T of the Statement of the Organization, 
Functions and Delegations of Authority which covers the Social Security 
Administration (SSA). Chapter TA covers the Office of the Deputy 
Commissioner for Disability and Income Security Programs. Notice is 
hereby given that Subchapter TAH, Office of Hearings and Appeals, is 
being amended to reflect changes in the organization designations in 
the Office of Hearings and Appeals, Office of Policy, Planning and 
Evaluation and functional responsibilities in the Office of Hearings 
and Appeals, Special Counsel Staff. The changes are as follows: Section 
TAH.10 The Office of Hearings and Appeals--(Organization):
    G. The Office of Policy, Planning and Evaluation (TAHC). Delete:
    1. Division of Litigation Analysis and Implementation (TAHC1).
    Renumber:
    ``2'' to ``1'' and ``3'' to ``2''.
    Section TAH.20 The Office of Hearings and Appeals--(Functions):

[[Page 71843]]

    C. The immediate Office of the Associate Commissioner for Hearings 
and Appeals (TAH).
    2. The Special Counsel Staff (TAH-2).
    Amend as follows:
    The Special Counsel Staff (SCS) (TAH-2) consists of attorneys and 
appropriate support staff. The attorneys serve as professional advisors 
to the Associate Commissioner for Hearings and Appeals, and to other 
members of the Office of Hearings and Appeals (OHA) Executive Staff on 
matters pertaining to the legislative process; labor and employee 
relations; ethics; and administrative procedures, with special emphasis 
on administrative issues raised by the Administrative Procedure Act 
(APA), Freedom of Information Act and Privacy Act. SCS, in consultation 
with the Office of General Counsel (OGC), evaluates any potential 
disciplinary action involving Administrative Law Judges (ALJs). This 
responsibility includes interviewing all witnesses and compiling and 
weighing other evidence and recommending a course of action to the 
Associate Commissioner for Hearings and Appeals. Based on the SCS 
recommendation, the Associate Commissioner for Hearings and Appeals 
will decide the appropriate action and undertake action 
administratively, or if warranted, direct the filing of a complaint 
against an ALJ with the Merit Systems Protection Board (MSPB). The SCS 
assists OGC in trying administrative disciplinary proceedings against 
ALJs before the MSPB. The SCS also functions as agency representative 
in actions against attorney and non-attorney representatives of 
claimants before Social Security Administration (SSA) ALJs and the 
Appeals Council. SCS will investigate potential violations of the law 
and regulations governing the qualifications and conduct of such 
representatives. SCS will present its recommendations to the Deputy 
Commissioner for Disability and Income Security Programs (DCDISP). If 
the DCDISP agrees with the recommendation, SCS will present such 
matters in administrative hearings conducted by ALJs selected by the 
Associate Commissioner for Hearings and Appeals. SCS is responsible for 
any appeals on such cases taken to the Appeals Council. Conducts or 
coordinates investigations of allegations of misconduct, waste, fraud 
or abuse by OHA headquarters and field employees. Maintains records of, 
provides advice on the handling of and, upon request, investigates 
allegations of bias or misconduct against ALJs. Serves as liaison with 
the Office of Inspector General in matters of a criminal nature. 
Reviews regulations and procedures for conformity to SSA/OHA policy and 
provides recommendations for modifications of prospective legislation 
which could adversely affect the hearings and appeals process. When 
requested, represents OHA as liaison with the Congress, American Bar 
Association, and other governmental and private organizations, with 
special emphasis on pending, proposed, and prospective legislation 
pertaining to the APA. Develops, in conjunction with other OHA 
components, a recommended appeals strategy that identifies the issues 
and types of cases which OHA believes should be appealed. With OGC 
clearance, develops and maintains a compendium of circuit court case 
law and court trend data, with systems-based access. Tracks pending 
class actions and makes recommendations regarding potential workload 
impact. Advises OHA officials of significant cases and trends and of 
litigation issues which may require revision of operating instructions, 
and assists with the preparation of the instructions. Coordinates OHA's 
views on proposed Social Security Acquiescence Rulings. In response to 
OHA-identified cases and to requests for appeal recommendations, 
obtains the views of affected OHA components and formulates an OHA 
position regarding the viability of an appeal. Acts as liaison with the 
Department of Health and Human Services' Departmental Appeals Board and 
SSA OGC and Litigation Staff, Office of the Deputy Commissioner for 
Disability and Income Security Programs (ODCDISP), to coordinate OHA's 
involvement in class action litigation, settlements and implementation; 
and when requested, with other governmental agencies. In coordination 
with other OHA components, develops instructions for OHA implementation 
of class action orders, monitors implementation and serves as a focal 
point for questions from OHA adjudicators. Responds to requests from 
OGC and ODCDISP regarding information about OHA operations requested in 
the course of litigation and drafts affidavits and declarations to be 
signed by OHA officials. Coordinates OHA's response to discovery 
requests.
    G. The Office of Policy, Planning and Evaluation (TAHC).
    Amend first sentence as follows:
    The Office of Policy, Planning and Evaluation (TAHC) plans, 
analyzes and develops OHA-wide policy for the hearings and appeals 
process.
    Delete last two sentences.
    Add as last sentence:
    Administers and coordinates the Freedom of Information Act and 
Privacy Act provisions for OHA.
    Delete:
    1. Division of Litigation Analysis and Implementation (TAHC).
    Renumber:
    ``2'' to ``1'' and ``3'' to ``2''.

    Dated: December 14, 1999.
Paul D. Barnes,
Deputy Commissioner for Human Resources.
[FR Doc. 99-33132 Filed 12-21-99; 8:45 am]
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