[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18383-18384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7898]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2009-0048]
RIN 0960-AH05


Extension of Sunset Date for Attorney Advisor Program

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are extending for 2 years our rule authorizing attorney 
advisors to conduct certain prehearing procedures and to issue fully 
favorable decisions. The current rule will expire on August 10, 2011. 
In this final rule, we are extending the sunset date to August 9, 2013. 
We are making no other substantive changes.

DATES: This final rule is effective May 4, 2011.

FOR FURTHER INFORMATION CONTACT: Susan Swansiger, 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 of the Attorney Advisor Program

    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 Supplemental Security Income 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 Sec. Sec.  404.942(g) and 416.1442(g) of the interim 
final rule a provision that the program would end on August 10, 2009, 
unless we decided either to terminate the rule earlier or to extend it 
beyond that date by publication of a final rule in the Federal 
Register. On July 13, 2009, we published a final rule that extended the 
sunset date of the program until August 10, 2011. 74 FR 33327.

Explanation of Extension

    When we published the final rules reinstating the attorney advisor 
program in 2008, we discussed a variety of concerns about the program 
and stated that we intended to closely monitor it and make changes if 
it did not meet our expectations. 73 FR 11349, 11350, 11351, and 11352. 
We have been monitoring the program, and it has met our expectations.
    The number of requests for hearings has continued to increase 
significantly in recent years, and we expect that these increases will 
continue. The attorney advisor program has proven to be an invaluable 
tool in our efforts to issue favorable decisions timely, decide cases 
efficiently, and reduce the number of claims pending at the hearing 
level, while maintaining accuracy in the decision-making process. 
Accordingly, we have decided to extend the attorney advisor rule for 
another 2 years, until August 9, 2013. 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 also are adding additional 
technical references to Sec. Sec.  404.942(f)(1) and 416.1442(f)(1) to 
make clear certain authorities attorney advisors have when they 
adjudicate claims under the attorney advisor program.

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 and adds cross-references. 
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.

Executive Order 12866 as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does meet the criteria for a 
significant regulatory action under Executive Order 12866 as 
supplemented by Executive Order 13563. Thus, OMB reviewed the final 
rule.

[[Page 18384]]

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 
individuals only. Therefore, a regulatory flexibility analysis is not 
required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act

    This rule does not create any new or affect any existing 
collections and, therefore, does not require OMB approval under the 
Paperwork Reduction Act.

(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; Reporting and recordkeeping 
requirements; Supplemental Security Income (SSI).

    Dated: March 29, 2011.
Michael J. Astrue,
Commissioner of Social Security.

    For the reasons stated in the preamble, we are revising subpart J 
of part 404 and subpart N of part 416 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, 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); sec. 202, Pub. L. 108-203, 118 
Stat. 509 (42 U.S.C. 902 note).


0
2. In Sec.  404.942, revise paragraphs (f)(1) and (g) to read as 
follows:


Sec.  404.942  Prehearing proceedings and decisions by attorney 
advisors.

* * * * *
    (f) * * *
    (1) Authorize an attorney advisor to exercise the functions 
performed by an administrative law judge under Sec. Sec.  404.1520a, 
404.1526, 404.1527, and 404.1546.
* * * * *
    (g) Sunset provision. The provisions of this section will no longer 
be effective on August 9, 2013, 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, Pub. 
L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

0
4. In Sec.  416.1442, revise paragraphs (f)(1) and (g) to read as 
follows:


Sec.  416.1442  Prehearing proceedings and decisions by attorney 
advisors.

* * * * *
    (f) * * *
    (1) Authorize an attorney advisor to exercise the functions 
performed by an administrative law judge under Sec. Sec.  416.920a, 
416.924(g), 416.926, 416.926a(n), 416.927, and 416.946.
* * * * *
    (g) Sunset provision. The provisions of this section will no longer 
be effective on August 9, 2013, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

[FR Doc. 2011-7898 Filed 4-1-11; 8:45 am]
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