[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64354-64361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-261207]


[[Page 64354]]




SOCIAL SECURITY ADMINISTRATION (SSA)



Statement of Regulatory Priorities
The Social Security Administration (SSA) administers the Retirement, 
Survivors, and Disability Insurance programs under title II of the 
Social Security Act (the Act), the Supplemental Security Income (SSI) 
program under title XVI of the Act and the Special Veterans Benefits 
program under title XVIII of the Act. As directed by Congress, we also 
assist in administering portions of the Medicare program. Our 
regulations codify the requirements for eligibility and entitlement to 
benefits and our procedures for administering these programs. 
Generally, our regulations do not impose burdens on the private sector 
or on State or local governments.
The 14 entries in SSA's Regulatory Plan (the Plan), represent issues of 
major importance to the agency. One of our 14 entries recently 
published in the Federal Register and will appear in the Completed 
Actions section of the Unified Agenda. We describe the individual 
initiatives more fully in the attached Plan.
Improving the Disability Process
Because the continued improvement of the disability program is a vital 
concern to us, we have 12 initiatives in the Plan addressing 
disability-related issues. They include:
 A proposed rule providing that we identify claimants with 
            serious medical conditions as soon as possible, allowing us 
            to grant benefits expeditiously to those claimants who meet 
            SSA disability standards;
 A final rule clarifying that we may set the time and place for 
            a hearing before an administrative law judge (ALJ);
 A proposed rule reestablishing Uniform National Disability 
            Adjudication provisions in our Boston Region;
 Two proposed rules allowing certain SSA employees to issue 
            fully favorable decisions on disability hearing level 
            requests; and,
 Seven initiatives updating the medical listings used to 
            determine disability--two final rules evaluating hearing 
            loss and malignant neoplastic diseases, and five proposed 
            rules on evaluating respiratory system disorders, mental 
            disorders, hematological disorders, immune (HIV) system 
            disorders and endocrine disorders. The final rule on 
            evaluating Malignant Neoplastic Diseases published on 
            October 6, 2009. The revisions reflect our adjudicative 
            experience, advances in medical knowledge, diagnosis, and 
            treatment.
Enhanced Public Service
We are proposing to revise our rules about the representation of 
claimants and other parties before the agency. These rules include 
recognizing entities as representatives, expanding the use of 
electronic services, and modifying our rules on representative 
sanctions.
_______________________________________________________________________



SSA

                              -----------

                          PROPOSED RULE STAGE

                              -----------




163. REVISED MEDICAL CRITERIA FOR EVALUATING ENDOCRINE SYSTEM DISORDERS 
(436P)

Priority:


Other Significant


Legal Authority:


42 USC 402; 42 USC 405(a); 42 USC 405(b); 42 USC 405(d) to 405(h); 42 
USC 416(i); 42 USC 421(a); 42 USC 421(i); 42 USC 422(c); 42 USC 423; 42 
USC 425; 42 USC 902(a)(5)


CFR Citation:


20 CFR 404.1500, app 1


Legal Deadline:


None


Abstract:


Sections 9.00 and 109.00, Endocrine System, of appendix 1 to Subpart P 
of part 404 of our regulations describe endocrine system disorders that 
are considered severe enough to prevent an individual from doing any 
gainful activity, or that cause marked and severe functional 
limitations for a child claiming SSI payments under title XVI. We are 
proposing to revise these sections to ensure that the medical 
evaluation criteria are up-to-date and consistent with the latest 
advances in medical knowledge and treatment.


Statement of Need:


These proposed regulations are necessary to update the Endocrine System 
listings to reflect advances in medical knowledge, treatment, and 
methods of evaluating endocrine system disorders. The changes would 
ensure that determinations of disability have a sound medical basis, 
that claimants receive equal treatment through the use of specific 
criteria, and that people who are disabled can be readily identified 
and awarded benefits if all other factors of entitlement or eligibility 
are met.


Summary of Legal Basis:


Administrative--not required by statute or court order.


Alternatives:


We considered not revising the listings or making only minor technical 
changes and continuing to use our current criteria. However, we believe 
that proposing these revisions is preferable because of the medical 
advances that have been made in treating and evaluating these types of 
disorders.


Anticipated Cost and Benefits:


Not yet determined.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
ANPRM                           08/11/05                    70 FR 46792
ANPRM Comment Period End        10/11/05
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Cheryl A. Williams
Acting Director
Social Security Administration
Office of Compassionate Allowances and Listings Improvements
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1020

Brian Rudick
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-7102
RIN: 0960-AD78

[[Page 64355]]

_______________________________________________________________________



SSA



164. REVISED MEDICAL CRITERIA FOR EVALUATING RESPIRATORY SYSTEM 
DISORDERS (859P)

Priority:


Other Significant. Major under 5 USC 801.


Legal Authority:


42 USC 402; 42 USC 405(a); 42 USC 405(b); 42 USC 405(d) to 42 USC 
405(h); 42 USC 416(i); 42 USC 421(a); 42 USC 421(i); 42 USC 422(c); 42 
USC 423; 42 USC 425; 42 USC 902(a)(5)


CFR Citation:


20 CFR 404.1500, app 1


Legal Deadline:


None


Abstract:


Sections 3.00 and 103.00, Respiratory System, of appendix 1 to Subpart 
P of part 404 of our regulations describe respiratory system disorders 
that are considered severe enough to prevent an individual from doing 
any gainful activity, or that cause marked and severe functional 
limitations for a child claiming SSI payments under title XVI. We are 
proposing to revise these sections to ensure that the medical 
evaluation criteria are up-to-date and consistent with the latest 
advances in medical knowledge and treatment.


Statement of Need:


These proposed regulations are necessary to update the Respiratory 
System listings to reflect advances in medical knowledge, treatment, 
and methods of evaluating respiratory disorders. The changes would 
ensure that determinations of disability have a sound medical basis, 
that claimants receive equal treatment through the use of specific 
criteria, and that people who are disabled can be readily identified 
and awarded benefits if all other factors of entitlement or eligibility 
are met.


Summary of Legal Basis:


Administrative--not required by statute or court order.


Alternatives:


We considered not revising the listings and continuing to use our 
current criteria. However, we believe that proposing these revisions is 
preferable because of the medical advances that have been made in 
treating and evaluating respiratory diseases and because of our 
adjudicative experience.


Anticipated Cost and Benefits:


Estimated costs - low.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite


_______________________________________________________________________
ANPRM                           04/13/05                    70 FR 19358
ANPRM Comment Period End        06/13/05
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Cheryl A. Williams
Acting Director
Social Security Administration
Office of Compassionate Allowances and Listings Improvements
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1020

Joshua B. Silverman
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 594-2128
RIN: 0960-AF58
_______________________________________________________________________



SSA



165. REVISED MEDICAL CRITERIA FOR EVALUATING MENTAL DISORDERS (886P)

Priority:


Other Significant


Legal Authority:


42 USC 401(j); 42 USC 402; 42 USC 404(f); 42 USC 405(a); 42 USC 405(b); 
42 USC 405(d) to 42 USC 405(h); 42 USC 405(j); 42 USC 416(i); 42 USC 
421; 42 USC 421(a); 42 USC 421(i); 42 USC 421(m); 42 USC 422(c); 42 USC 
423; 42 USC 423(i); 42 USC 425; 42 USC 902(a)(5); 42 USC 1382; 42 USC 
1382(c); 42 USC 1382(h); 42 USC 1383; 42 USC 1383(a); 42 USC 1383(c); 
42 USC 1383(d); 42 USC 1383(i); 42 USC 1383(p); 42 USC 1383b


CFR Citation:


20 CFR 404.941; 20 CFR 404.1500, app 1; 20 CFR 404.1503; 20 CFR 
404.1520 to 404.1520a; 20 CFR 404.1528; 20 CFR 404.1615; 20 CFR 
416.903; 20 CFR 416.920a; 20 CFR 416.928; 20 CFR 416.1015; 20 CFR 
416.1441


Legal Deadline:


None


Abstract:


Sections 12.00 and 112.00, Mental Disorders, of appendix 1 to subpart P 
of part 404 of our regulations describe those mental impairments that 
are considered severe enough to prevent a person from doing any gainful 
activity, or that cause marked and severe functional limitations for a 
child claiming SSI payments under title XVI. We are proposing to revise 
the criteria in these sections to ensure that the medical evaluation 
criteria are up-to-date and consistent with the latest advances in 
medical knowledge and treatment.


Statement of Need:


These proposed regulations are necessary to update the listings for 
evaluating mental disorders to reflect advances in medical knowledge, 
treatment, and methods of evaluating these disorders. The changes would 
ensure that determinations of disability have a sound medical basis, 
that claimants receive equal treatment through the use of specific 
criteria, and that people who are disabled can be readily identified 
and awarded benefits if all other factors of entitlement or eligibility 
are met.


Summary of Legal Basis:


Administrative--not required by statute or court order.


Alternatives:


We considered not revising the listings or making only minor technical 
changes. However, we believe that proposing these revisions is 
preferable because of the medical advances that have been made in 
treating and evaluating these types of disorders. We have not 
comprehensively revised the current listings in over 15 years. Medical 
advances in disability evaluation and treatment and our program 
experience make clear that the current listings do not reflect state-
of-the-art medical knowledge and technology.

[[Page 64356]]

Anticipated Cost and Benefits:


Savings estimates for fiscal years 2010 - 2018: (in millions of 
dollars) OASDI - 315, SSI - 370.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
ANPRM                           03/17/03                    68 FR 12639
ANPRM Comment Period End        06/16/03
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Cheryl A. Williams
Acting Director
Social Security Administration
Office of Compassionate Allowances and Listings Improvements
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1020

Rosemarie Greenwald
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 966-7813
RIN: 0960-AF69
_______________________________________________________________________



SSA



166. REVISED MEDICAL CRITERIA FOR EVALUATING HEMATOLOGICAL DISORDERS 
(974P)

Priority:


Other Significant


Legal Authority:


42 USC 402; 42 USC 405(a); 42 USC 405(b); 42 USC 405(d) to 42 USC 
405(h); 42 USC 416(i); 42 USC 421(a); 42 USC 421(i); 42 USC 422(c); 42 
USC 423; 42 USC 425; 42 USC 902(a)5)


CFR Citation:


20 CFR 404.1500, app 1


Legal Deadline:


None


Abstract:


Sections 7.00 and 107.00, Hematological Disorders, of appendix 1 to 
subpart P of part 404 of our regulations describe hematological 
disorders that are considered severe enough to prevent a person from 
performing any gainful activity, or that cause marked and severe 
functional limitation for a child claiming SSI payments under title 
XVI. We are proposing to revise the criteria in these sections to 
ensure that the medical evaluation criteria are up-to-date and 
consistent with the latest advances in medical knowledge and treatment


Statement of Need:


These proposed regulations are necessary to update the hematological 
listings to reflect advances in medical knowledge, treatment, and 
methods of evaluating hematological disorders. The changes ensure that 
determinations of disability have a sound medical basis, that claimants 
receive equal treatment through the use of specific criteria, and that 
people who are disabled can be readily identified and awarded benefits 
if all other factors of entitlement or eligibility are met.


Summary of Legal Basis:


Administrative--not required by statute or court order.


Alternatives:


We considered not revising the listings or making only minor technical 
changes and continuing to use our current criteria. However, we believe 
that proposing these revisions is preferable because of the medical 
advances that have been made in treating and evaluating these types of 
impairments.


Anticipated Cost and Benefits:


Estimated savings - low.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Cheryl A. Williams
Acting Director
Social Security Administration
Office of Compassionate Allowances and Listings Improvements
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1020

Richard M. Bresnick
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1758
RIN: 0960-AF88
_______________________________________________________________________



SSA



167. REVISED MEDICAL CRITERIA FOR EVALUATING IMMUNE (HIV) SYSTEM 
DISORDERS (3466P)

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Unfunded Mandates:


Undetermined


Legal Authority:


42 USC 402; 42 USC 405(a); 42 USC 405(b); 42 USC 42 USC 405(d) to 42 
USC 405(h); 42 USC 416(i); 42 USC 421(a); 42 USC 421(i); 42 USC 422(c); 
42 USC 423; 42 USC 425; 42 USC 902(a)(5)



CFR Citation:


20 CFR 404.1500, app 1


Legal Deadline:


None


Abstract:


Sections 14.00 and 114.00, Immune System, of appendix 1 to subpart P of 
part 404 of our regulations describe immune system disorders that are 
considered severe enough to prevent an individual from doing any 
gainful activity, or that cause marked and severe functional 
limitations for a child claiming supplemental Security Income payments 
under title XVI. We are proposing to revise the criteria in these 
sections to ensure that the medical evaluation criteria are up-to-date 
and consistent with the latest advances in medical knowledge and 
treatment.


Statement of Need:


This proposed regulation is necessary in order to update the HIV 
evaluation

[[Page 64357]]

listings to reflect advances in medical knowledge, treatment, and 
evaluation methods. It ensures that determinations of disability have a 
sound medical basis, that claimants receive equal treatment through the 
use of specific criteria, and that individuals who are disabled can be 
readily identified and awarded benefits if all other factors of 
entitlement or eligibility are met.


Summary of Legal Basis:


Administrative--not required by statute or court order.


Alternatives:


Undetermined at this time.


Anticipated Cost and Benefits:


Cost/Savings estimate - negligible.


Risks:


Undetermined at this time.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
ANPRM                           03/18/08                    73 FR 14409
ANPRM Comment Period End        05/19/08
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Government Levels Affected:


Undetermined


URL For Public Comments:
www.regulations.gov

Agency Contact:
Cheryl A. Williams
Acting Director
Social Security Administration
Office of Compassionate Allowances and Listings Improvements
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1020

Helen Droddy
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1483
RIN: 0960-AG71
_______________________________________________________________________



SSA



168. REESTABLISHING UNIFORM NATIONAL DISABILITY ADJUDICATION PROVISIONS 
(3502P)

Priority:


Other Significant


Legal Authority:


42 USC 401(j); 42 USC 402; 42 USC 404(f); 42 USC 405; 42 USC 405(a); 42 
USC 405(b); 42 USC 405(d)-(h); 42 USC 405(j); 42 USC 405(s); 42 USC 405 
note; 42 USC 416(i); 42 USC 421; 42 USC 421(a); 42 USC 421(i); 42 USC 
421(m); 42 USC 421 note; 42 USC 422(c); 42 USC 423; 42 USC 423(i); 42 
USC 423 note; 42 USC 425; 42 USC 432; 42 USC 902(a)(5); 42 USC 902 
note; 42 USC 1320b-1; 42 USC 1320b-13; 42 USC 1381; 42 USC 1381a; 42 
USC 1382; 42 USC 1382c; 42 USC 1382h; 42 USC 1382h note; 42 USC 1383; 
42 USC 1383(a); 42 USC 1383(c); 42 USC 1383(d)(1); 42 USC 1383(p); 42 
USC 1383b


CFR Citation:


20 CFR 404.970; 20 CFR 404.976; 20 CFR 404.1502; 20 CFR 404.1512; 20 
CFR 404.1513; 20 CFR 404.1519k; 20 CFR 404.1519m; 20 CFR 404.1519s; 20 
CFR 404.1520a; 20 CFR 404.1526; 20 CFR 404.1527; 20 CFR 404.1529; 20 
CFR 404.1546; 20 CFR 404.1601; 20 CFR 404.1624; 20 CFR 405.1; 20 CFR 
405.5; 20 CFR 405.10; 20 CFR 405.20; 20 CFR 405.240; 20 CFR 405.320; 20 
CFR 405.360; 20 CFR 405.371; 20 CFR 405.372; 20 CFR 405.373; 20 CFR 
405.381; 20 CFR 405.382; 20 CFR 405.383; 20 CFR 405.401; 20 CFR 
405.405; 20 CFR 405.410; 20 CFR 405.415; 20 CFR 405.420; 20 CFR 
405.425; 20 CFR 405.427; 20 CFR 405.430; 20 CFR 405.440; 20 CFR 
405.445; 20 CFR 405.450; 20 CFR 405.501; 20 CFR 405.505; 20 CFR 
405.510; 20 CFR 405.515; 20 CFR 405.701; 20 CFR 405.705; 20 CFR 
405.710; 20 CFR 405.715; 20 CFR 405.720; 20 CFR 405.725; 20 CFR 
416.902; 20 CFR 416.912; 20 CFR 416.913; 20 CFR 416.919k; 20 CFR 
416.919m; 20 CFR 416.919s; 20 CFR 416.920a; 20 CFR 416.924; 20 CFR 
416.926; 20 CFR 416.926a; 20 CFR 416.927; 20 CFR 416.929; 20 CFR 
416.946; 20 CFR 416.1001; 20 CFR 416.1024; 20 CFR 416.1470; 20 CFR 
416.1476; 20 CFR 422.130; 20 CFR 422.140; 20 CFR 422.201


Legal Deadline:


None


Abstract:


We propose to eliminate the remaining portions of part 405 of our 
regulations, which we now use for disability claims in our Boston 
region. This proposal reinstates in the Boston region the same rules 
that we use for disability adjudications in the rest of the country. 
These rules apply to all levels of our administrative review process, 
including the administrative law judge and Appeals Council levels.


Statement of Need:


To provide more consistent processing of appeals level claims for all 
regions.


Summary of Legal Basis:


Administrative - not required by statute or court order.


Alternatives:


Continue existing process.


Anticipated Cost and Benefits:


Cost estimates for fiscal year 2009 - 2018: (in millions of dollars) 
OASDI - 55, SSI - 7.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Dean Landis
Associate Commissioner, Office of Regulations
Social Security Administration
Office of Regulations
Office of Legislative and Regulatory Affairs
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-0520
RIN: 0960-AG80
_______________________________________________________________________



SSA



169. DISABILITY DETERMINATIONS BY STATE AGENCY DISABILITY EXAMINERS 
(3510P)

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


42 USC 402; 42 USC 405(a); 42 USC 405(b); 42 USC 405(d) to 405(h); 42 
USC 416(i); 42 USC 421; 42 USC 421 note; 42 USC 421(a); 42 USC 421(i); 
42

[[Page 64358]]

USC 421(m); 42 USC 422(c); 42 USC 423; 42 USC 423 note; 42 USC 425; 42 
USC 902(a)(5); 42 USC 1382; 42 USC 1382c; 42 USC 1382h; 42 USC 1382h 
note; 42 USC 1383; 42 USC 1383(a); 42 USC 1383(c); 42 USC 1383(d)(1); 
42 USC 1383(p); 42 USC 1383b


CFR Citation:


20 CFR 404.1512; 20 CFR 404.1527; 20 CFR 404.1529; 20 CFR 404.1546; 20 
CFR 404.1615; 20 CFR 404.1619; 20 CFR 416.912; 20 CFR 416.927; 20 CFR 
416.929; 20 CFR 416.946; 20 CFR 416.1015; 20 CFR 416.1019


Legal Deadline:


None


Abstract:


We propose to amend our rules to permit disability examiners in our 
State agencies to make fully favorable determinations without requiring 
the input of a medical or psychological consultant in certain claims 
for disability benefits under title II (Social Security Disability 
Insurance) and title XVI (Supplemental Security Income) of the Social 
Security Act.


Statement of Need:


This proposal would allow us to improve service to a vulnerable section 
of the public by processing very specific disability claims faster.


Summary of Legal Basis:


Administrative--not required by statute or court order.


Alternatives:


None.


Anticipated Cost and Benefits:


To be determined.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Federal, State


URL For Public Comments:
www.regulations.gov

Agency Contact:
Nancy Schoenberg
Social Insurance Specialist
Social Security Administration
Office of Disability Programs
Office of Compassionate Allowances and Listings Improvements
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 966-9408

Pamela Kultgen
Assistant Regional Counsel
Social Security Administration
Office of the General Counsel
601 E. 12th Street, Suite 965
Kansas City, MO 64106
Phone: 816 936-5078
RIN: 0960-AG87
_______________________________________________________________________



SSA



170. TEMPORARY AUTHORIZATION FOR FEDERAL DISABILITY EXAMINERS TO 
ADJUDICATE HEARING REQUESTS ON-THE-RECORD (3526P)

Priority:


Other Significant


Legal Authority:


42 USC 401(j); 42 USC 404(f); 42 USC 405(a) and 405(b); 42 USC 405(d) 
to 405(h); 42 USC 405(j); 42 USC 405 note; 42 USC 421; 42 USC 421 note; 
42 USC 423(i); 42 USC 425; 42 USC 902(a)(5); 42 USC 902 note; 42 USC 
1383; 42 USC 1383b


CFR Citation:


20 CFR 404.943; 20 CFR 416.1443


Legal Deadline:


None


Abstract:


We propose to modify, on a temporary basis, the prehearing procedures 
we follow in claims for Social Security disability benefits and SSI 
payments based on disability or blindness under titles II and XVI of 
the Social Security Act. This proposed rule would authorize Federal 
disability examiners to issue fully favorable decisions without review 
by an attorney advisor or administrative law judge (ALJ) and would 
expedite the processing of cases at the hearing level without 
infringing on the right to a hearing before an ALJ. This temporary 
modification would remain in effect for a period not to exceed 5 years, 
unless we terminate or extend it by publication of a final rule in the 
Federal Register.


Statement of Need:


The increased complexity and quantity of disability claims have reduced 
our ability to timely adjudicate disability appeals. This proposed rule 
would authorize Federal disability examiners to issue fully favorable 
decisions without review by an attorney advisor or ALJ and would 
expedite the processing of cases at the hearing level without 
infringing on the right to a hearing before an ALJ.


Summary of Legal Basis:


Discretionary. Not required by statute or court order.


Alternatives:


None.


Anticipated Cost and Benefits:


Not yet determined.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Robin Sabatino
Division Director
Social Security Administration
Office of Quality Performance
Office of Quality Improvement
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-9885

Helen Droddy
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1483
RIN: 0960-AG97

[[Page 64359]]

_______________________________________________________________________



SSA



171.  ATTORNEY ADVISORY PROGRAM PERMANENT RULE (3578P)

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


42 USC 401(j); 42 USC 404(f); 42 USC 405(a); 42 USC 405(b); 42 USC 
405(d) to 405(h); 42 USC 405(j); 42 USC 405 note; 42 USC 421; 42 USC 
421 note; 42 USC 423(i); 42 USC 425; 42 USC 902(a)(5); 42 USC 902 note; 
42 USC 1383; 42 USC 1383b


CFR Citation:


20 CFR 404.942; 20 CFR 416.1442


Legal Deadline:


None


Abstract:


On July 13, 2009, we published a final rule extending for two more 
years the authorization for attorney advisors to conduct certain 
prehearing procedures and to issue fully favorable decisions. The 
current rule is scheduled to expire on August 10, 2011. We are 
proposing to make this authorization permanent and no longer subject to 
the sunset date.


Statement of Need:


The attorney advisor initiative has helped reduce the high number of 
pending cases at the hearing level by permitting certain attorney 
advisors to issue fully favorable ``on the record'' decisions in 
appropriate cases earlier in the hearing process without the need for a 
hearing before an Administrative Law Judge. Since this initiative's 
inception in November 2007, attorney advisors have issued more than 
54,000 fully favorable decisions. The most recent Office of Quality 
Performance post effectuation review found a 96% accuracy rating for 
these decisions.


We have reduced the number of cases awaiting a hearing for the last 
seven months. The attorney advisor initiative has contributed to this 
reduction by providing earlier decisions where the evidence supports 
making a fully favorable decision. The attorney advisor initiative is 
an important part of our effort to reduce the hearings backlog and 
prevent its recurrence.


Summary of Legal Basis:


Administrative--not required by statute or court order.


Alternatives:


The alternative to making the rule permanent is to let it continue to 
be renewed every two years before the sunset provision expires. We need 
this additional tool to continue to reduce our hearings backlog, which 
will be compounded by the recent economic downturn in the economy.


Anticipated Cost and Benefits:


Undetermined at this time.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Marilyn Hull
Social Security Administration
5107 Leesburg Pike
Falls Church, VA 22041-3260
Phone: 703 605-8500

Brian Rudick
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-7102
RIN: 0960-AH05
_______________________________________________________________________



SSA

                              -----------

                            FINAL RULE STAGE

                              -----------




172. REVISED MEDICAL CRITERIA FOR EVALUATING HEARING LOSS (2862F)

Priority:


Other Significant


Legal Authority:


42 USC 402; 42 USC 405(a); 42 USC 405(b); 42 USC 405(d) to 42 USC 
405(h); 42 USC 416(i); 42 USC 421(a); 42 USC 421(i); 42 USC 422(c); 42 
USC 423; 42 USC 425; 42 USC 902(a)(5)


CFR Citation:


20 CFR 404.1500, app 1


Legal Deadline:


None


Abstract:


Sections 2.00 and 102.00, Special Senses and Speech, of appendix 1 
subpart P of part 404 of our regulations describe hearing loss that is 
considered severe enough to prevent a person from doing any gainful 
activity, or that causes marked and severe functional limitations for a 
child claiming Supplemental Security Income (SSI) payments under title 
XVI. We are revising these sections to ensure that the medical 
evaluation criteria are up-to-date and consistent with the latest 
advances in medical knowledge and treatment


Statement of Need:


These regulations are necessary to update the hearing loss listings to 
reflect advances in medical knowledge, treatment, and methods of 
evaluating hearing impairments. The changes ensure that determinations 
of disability have a sound medical basis, that claimants receive equal 
treatment through the use of specific criteria, and that people who are 
disabled can be readily identified and awarded benefits if all other 
factors of entitlement or eligibility are met.


Summary of Legal Basis:


Administrative--not required by statute or court order.


Alternatives:


We considered not revising the listings or making only minor technical 
changes and continuing to use our current criteria. However, we believe 
that these revisions are preferable because of the medical advances 
that have been made in treating and evaluating these types of 
impairments. The current listings are now over 15 years old. Medical 
advances in disability evaluation and treatment and our program 
experience make clear that the current listings do not reflect state-
of-the-art medical knowledge and technology.


Anticipated Cost and Benefits:


Cost estimates for fiscal years 2008 - 2018: (in millions of dollars) 
OASDI - 105, SSI - 10.


Risks:


None.

[[Page 64360]]

Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
ANPRM                           04/13/05                    70 FR 19353
ANPRM Comment Period End        06/13/05
NPRM                            08/13/08                    73 FR 47103
NPRM Comment Period End         10/14/08
Final Action                    12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Cheryl A. Williams
Acting Director
Social Security Administration
Office of Compassionate Allowances and Listings Improvements
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1020

Rosemarie Greenwald
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 966-7813
RIN: 0960-AG20
_______________________________________________________________________



SSA



173. REVISIONS TO RULES ON REPRESENTATION OF PARTIES (3396F)

Priority:


Other Significant


Legal Authority:


42 USC 405(a); 42 USC 406(a)(1); 42 USC 810(a); 42 USC 902(a)(5); 42 
USC 1010; 42 USC 1383(d)


CFR Citation:


20 CFR 404.612; 20 CFR 404.901; 20 CFR 404.903; 20 CFR 404.909; 20 CFR 
404.910; 20 CFR 404.933; 20 CFR 404.934; 20 CFR 404.1700 to 404.1799; 
20 CFR 408.1101; 20 CFR 416.315; 20 CFR 416.1401; 20 CFR 416.1403; 20 
CFR 416.1409; 20 CFR 416.1410; 20 CFR 416.1433; 20 CFR 416.1434; 20 CFR 
416.1500 to 416.1599; 20 CFR 422.203; 20 CFR 422.515


Legal Deadline:


None


Abstract:


We will revise our rules on representation of parties in parts 404, 
408, 416, and 422 to reflect changes in the way claimants obtain 
representation and in representatives' business practices. These new 
rules will also improve our efficiency by increasing the use of 
electronic services. These rules will:


-- Recognize entities as representatives;


-- Mandate the use of Form SSA-1696 during the appointment process;


-- Mandate the use of Form SSA-1696 to waive a fee or to waive direct 
payment of a fee;


-- Require certain representatives to use our electronic services as 
they become available, including Internet Appeals;


-- Require certain representatives to keep paper copies of certain 
documents that we may require;


-- Require representatives and certain individuals to register with us 
and to provide attestations;


-- Add new affirmative duties and prohibited actions for 
representatives;


-- Add new definitions or revise existing definitions for: 
``disqualify,'' ``electronic media,'' ``Federal agency,'' ``Federal 
program,'' ``fee petition,'' ``initial disability claim,'' ``person,'' 
and ``representative''; and


-- Change references in the representative sanctions rules to reflect a 
recent delegation of authority and recent agency reorganization.


Statement of Need:


These revisions will reflect changes in representatives' business 
practices and improve our efficiency by enhancing use of the Internet.


Summary of Legal Basis:


Section 206 of the Social Security Act, as amended by the Omnibus 
Budget Reconciliation Act of 1990 (OBRA) and section 302 and 4303 of 
the Social Security Protection Act of 2004 (SSPA) Public Law 108-203.


Alternatives:


None.


Anticipated Cost and Benefits:


Negligible.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            09/08/08                    73 FR 51963
NPRM Comment Period End         11/07/08
Final Action                    02/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Joann Anderson
Social Insurance Specialist
Social Security Administration
Office of Income Security Programs
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-6716

Joshua B. Silverman
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 594-2128
RIN: 0960-AG56
_______________________________________________________________________



SSA



174. SETTING THE TIME AND PLACE FOR A HEARING BEFORE AN ADMINISTRATIVE 
LAW JUDGE (3481F)

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


42 USC 401(j); 42 USC 404(f); 42 USC 405(a); 42 USC 405(b); 42 USC 
405(d) to 405(h); 42 USC 405(j); 42 USC 405 note; 42 USC 421; 42 USC 
421 note; 42 USC 423(i); 42 USC 425; 42 USC 902(a)(5); 42 USC 902 note; 
42 USC 1383; 42 USC 1383b


CFR Citation:


20 CFR 404.932; 20 CFR 404.936; 20 CFR 404.938; 20 CFR 404.950; 20 CFR 
416.1432; 20 CFR 416.1436; 20 CFR 416.1438; 20 CFR 416.1450(b)


Legal Deadline:


None

[[Page 64361]]

Abstract:


We will amend our rules to clarify that the agency is responsible for 
setting the time and place for a hearing before an administrative law 
judge. This change will ensure greater flexibility in scheduling both 
in-person and video-teleconference hearings, increase efficiency in the 
hearing process, and reduce the number of pending hearings. The number 
of cases awaiting a hearing has reached historic proportions and 
greater efficiency is critical to addressing this problem.


Statement of Need:


We currently face a considerable challenge in processing a large 
backlog of requests for hearings at resource levels that have not kept 
pace with the rising level of receipts. This rulemaking will promote 
greater efficiency at the hearing level.


Summary of Legal Basis:


Administrative--not required by statute or court order.


Alternatives:


Undetermined at this time.


Anticipated Cost and Benefits:


Program benefit costs are estimated to increase for fiscal years 2008 - 
2018 by $1.2 billion for OASDI and SSI.


Risks:


Undetermined at this time.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            11/10/08                    73 FR 66564
NPRM Comment Period End         01/09/09
Final Action                    12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


URL For Public Comments:
www.regulations.gov

Agency Contact:
Brent Hillman
Social Insurance Specialist
Social Security Administration
Office of Disability Adjudication and Review
5107 Leesburg Pike
Falls Church, VA 22041-3260
Phone: 703 605-8280

Pamela Kultgen
Assistant Regional Counsel
Social Security Administration
Office of the General Counsel
601 E. 12th Street, Suite 965
Kansas City, MO 64106
Phone: 816 936-5078
RIN: 0960-AG61
_______________________________________________________________________



SSA



175.  AMENDMENTS TO REGULATIONS REGARDING MAJOR LIFE-CHANGING 
EVENTS AFFECTING INCOME-RELATED MONTHLY ADJUSTMENTS TO MEDICARE PART B 
PREMIUMS (3574F)

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


42 USC 902(a)(5); 42 USC 1395r(i)


CFR Citation:


20 CFR 418.1205; 20 CFR 418.1210; 20 CFR 418.1230; 20 CFR 418.1255; 20 
CFR 418.1265


Legal Deadline:


None


Abstract:


We are modifying our regulations in order to clarify and expand events 
considered life-changing events for the purposes of Medicare Part B 
income-related monthly adjustments as well as the types of evidence 
required to support claims of such events.


Statement of Need:


The past year has seen the closure or reorganization of several major 
employers in the United States. As a result, some companies are 
providing settlement payments to current and retired employees in lieu 
of periodic pension payments and/or extended health insurance coverage. 
These settlement payments unexpectedly increase a beneficiary's income 
for a tax-reporting year, resulting in an income-related monthly 
adjustment amount (IRMAA) above the beneficiary's ability to pay. This 
change will allow a beneficiary to claim a decrease in IRMAA by using a 
more representative tax year's modified adjusted gross income.


Summary of Legal Basis:


Discretionary. Not required by statute or court order.


Alternatives:


None.


Anticipated Cost and Benefits:


Not yet determined.


Risks:


None.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
Final Action                    01/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Undetermined


URL For Public Comments:
www.regulations.gov

Agency Contact:
Helen Droddy
Social Insurance Specialist, Regulations Writer
Social Security Administration
Office of Regulations
6401 Security Boulevard
Baltimore, MD 21235-6401
Phone: 410 965-1483
RIN: 0960-AH06
BILLING CODE 4191-02-S