[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Rules and Regulations]
[Pages 33327-33328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16510]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2009-0023]
RIN 0960-AH01


Attorney Advisor Program Sunset Date Extension

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are extending for two years our rule authorizing attorney 
advisors to conduct certain prehearing procedures and to issue fully 
favorable decisions. The current rule is scheduled to expire on August 
10, 2009. In this final rule, we are extending the sunset date to 
August 10, 2011. We are making no other substantive changes.

DATES: This final rule is effective July 13, 2009.

FOR FURTHER INFORMATION CONTACT: Marilyn Hull, Social Security 
Administration, 5107 Leesburg Pike, Falls Church, VA 22041-3260, 703-
605-8500 for information about this final rule. For information on 
eligibility or filing for benefits, call our national toll-free number, 
1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, 
Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: 

Electronic Version

    The electronic file of this document is available on the date of 
publication in the Federal Register at http://www.gpoaccess.gov/fr/index.html.

Background

    On August 9, 2007, we issued an interim final rule permitting some 
attorney advisors to conduct certain prehearing procedures. 72 FR 
44763. We instituted this practice to enable us to provide more timely 
service to the increasing number of applicants for Social Security 
disability benefits and SSI payments based on disability. We considered 
the public comments we received on the interim final rule and, on March 
3, 2008, issued the rule without change as a final rule. 73 FR 11349. 
Under this rule, attorney advisors may develop claims and, in 
appropriate cases, issue fully favorable decisions.
    We included in the interim final rule a provision that the program 
would end on August 10, 2009, unless we decided to either terminate the 
rule earlier or to extend it beyond that date. We explained that we 
would announce any such termination or extension by publishing a final 
rule. 72 FR 44763, 44764 (August 10, 2007).

Explanation of Changes

    The number of requests for hearings has increased significantly in 
recent years, and we expect that trend to continue. While we are 
pursuing a number of initiatives to address this increase, it will take 
time to feel the full effects. The attorney advisor program is an 
important part of our ongoing efforts to decide cases efficiently, 
issue decisions timely, and reduce the number of claims pending at the 
hearing level. Accordingly, we have decided to extend the attorney 
advisor rule for two more years, until August 10, 2011. As before, we 
are reserving the authority to end the program earlier, or to extend 
it, by publishing a final rule in the Federal Register.
    We are also making a minor editorial change to the language in this 
rule. We are changing the term ``wholly favorable'' to ``fully 
favorable'' in Sec. Sec.  404.942 and 416.1442, for clarity and 
consistency.

Regulatory Procedures

Justification for Issuing Final Rule Without Notice and Comment

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 when developing regulations. 
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). The 
APA provides exceptions to its notice and public comment procedures 
when an agency finds there is good cause for dispensing with such 
procedures because they are impracticable, unnecessary, or contrary to 
the public interest. We have determined that good cause exists for 
dispensing with the notice and public comment procedures for this rule. 
5 U.S.C. 553(b)(B). Good cause exists because this final rule only 
extends the sunset date of an existing rule. It makes no substantive 
changes to the rule. The current regulations expressly provide that we 
may extend or terminate this rule. Therefore, we have determined that 
opportunity for prior comment is unnecessary, and we are issuing this 
rule as a final rule.
    In addition, because we are not making any substantive changes to 
an existing rule, there is good cause for dispensing with the 30-day 
delay in the effective date of a substantive rule provided by 5 U.S.C. 
553(d)(3). To ensure that we have uninterrupted authority to use 
attorney advisors to reduce the number of pending cases at the hearing 
level, it is in the public interest to make this final rule effective 
on the date of publication.

Executive Order 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866 and was not 
subject to OMB formal review.

Regulatory Flexibility Act

    We certify that this final rule will not have a significant 
economic impact on a substantial number of small entities as it affects 
only persons. Therefore, a regulatory flexibility analysis is not 
required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act

    This final rule contains reporting requirements in the regulation 
sections listed below. However, because there are fewer than ten 
respondents for each section, the Paperwork Reduction Act of 1995 does 
not require us to seek OMB clearance for these sections.

[[Page 33328]]



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                                                                                                                          Average burden
         Regulation section                Description of public reporting        Number of respondents    Frequency of    per response      Estimated
                                                     requirement                        (annually)           response        (minutes)     annual burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
404.942(a), 416.1442(a).............  If prehearing proceedings are not          Less than 10 (PRA        ..............  ..............  ..............
                                       complete before the date of a hearing,     exempt).
                                       an administrative law judge (ALJ) will
                                       receive the case unless a fully
                                       favorable decision is in process or all
                                       of the parties in the hearing agree in
                                       writing to delay the hearing until the
                                       proceedings are completed.
404.942(d), 416.1442(d).............  If the attorney advisor issues a fully     Less than 10 (PRA-       ..............  ..............  ..............
                                       favorable decision under this section,     exempt).
                                       we will mail a written notice of the
                                       decision to all parties at their last
                                       known address. We will state the basis
                                       for the decision and advise all parties
                                       that an ALJ will dismiss the hearing
                                       request unless a party requests that the
                                       hearing proceed. Parties who want to
                                       proceed with the hearing must request in
                                       writing within 30 days after the notice
                                       of the attorney advisor's decision is
                                       mailed.
                                     -------------------------------------------------------------------------------------------------------------------
    Totals..........................  .........................................  N/A....................  ..............  ..............             N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security--Disability Insurance; 96.002, Social Security--Retirement 
Insurance; 96.004, Social Security--Survivors Insurance; 96.006, 
Supplemental Security Income.)

List of Subjects

20 CFR Part 404

    Administrative practice and procedure; Blind, 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, Reporting and recordkeeping 
requirements; Supplemental Security Income (SSI).

    Dated: July 7, 2009.
 Michael J. Astrue,
Commissioner of Social Security.

0
For the reasons stated in the preamble, we are amending subpart J of 
part 404 and subpart N of part 416 of chapter III of title 20 of the 
Code of Federal Regulations as set forth below:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE

(1950- )

Subpart J--[Amended]

0
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, 223(i), 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, 423(i), 
425, and 902(a)(5)); sec. 5, Public Law 97-455, 96 Stat. 2500 (42 
U.S.C. 405 note); secs. 5, 6(c)-(e), and 15, Public Law 98-460, 98 
Stat. 1802 (42 U.S.C. 421 note); sec. 202, Public Law 108-203, 118 
Stat. 509 (42 U.S.C. 902 note).


0
2. In Sec.  404.942, amend the second and fourth sentences of paragraph 
(a), paragraphs (b)(4) and (c)(2), and the first sentence of paragraph 
(d) by removing the words ``wholly favorable'' and adding in their 
place the words ``fully favorable,'' and revise 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 August 10, 2011, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND 
DISABLED

Subpart N--[Amended]

0
3. The authority citation for subpart N continues to read as follows:

    Authority: Secs. 702(a)(5), 1631, and 1633 of the Social 
Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, 
Public Law 108-203, 118 Stat. 509 (42 U.S.C. 902 note).


0
4. In Sec.  416.1442, amend the second and fourth sentences of 
paragraph (a), paragraphs (b)(4) and (c)(2), and the first sentence of 
paragraph (d) by removing the words ``wholly favorable'' and adding in 
their place the words ``fully favorable,'' and revise 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 August 10, 2011, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

[FR Doc. E9-16510 Filed 7-10-09; 8:45 am]
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