[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Rules and Regulations]
[Pages 63092-63094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26488]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2015-0011]
RIN 0960-AH77


Extension of the Expiration Date for State Disability Examiner 
Authority To Make Fully Favorable Quick Disability Determinations and 
Compassionate Allowance Determinations

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are extending the expiration date of our rule that 
authorizes State agency disability examiners to make fully favorable 
determinations without the approval of a State agency medical or 
psychological consultant in claims that we consider under our quick 
disability determination (QDD) and compassionate allowance (CAL) 
processes. The current rule will expire on November 13, 2015. In this 
final rule, we are changing the November 13, 2015 expiration or 
``sunset'' date to November 11, 2016, extending the authority for 1 
year. We are making no other substantive changes.

DATES: This final rule is effective October 19, 2015.

FOR FURTHER INFORMATION CONTACT: Kenneth Williams, Office of Disability 
Policy, Social Security Administration, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 965-0608, for information about this 
notice. 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:

Background of the QDD and CAL Disability Examiner Authority

    On October 13, 2010, we published a final rule that temporarily 
authorized State agency disability examiners to make fully favorable 
determinations without the approval of a State agency medical or 
psychological consultant in claims that we consider under our QDD and 
CAL processes. 75 FR 62676.
    We included in 20 CFR 404.1615(c)(3) and 416.1015(c)(3) provisions 
by which the State agency disability examiner authority to make fully 
favorable determinations without medical or psychological consultant 
approval in QDD and CAL claims would no longer be effective, unless we 
decided to terminate the rule earlier or extend it beyond that date by 
publication of a

[[Page 63093]]

final rule in the Federal Register. On August 28, 2014, we published a 
final rule extending the expiration date until November 13, 2015. 79 FR 
51241.

Explanation of Provision

    This final rule extends for 1 year the authority in the rule that 
we published on October 13, 2010 allowing disability examiners to make 
fully favorable determinations in certain disability claims under our 
QDD and CAL processes without the approval of a medical or 
psychological consultant. This rule allows us to make fully favorable 
determinations when we can as quickly as possible. The rule also helps 
us process claims more efficiently because it allows State agency 
medical and psychological consultants to spend their time on claims 
that require their expertise.
    In the rule that we published on October 13, 2010, we noted that 
our experience adjudicating QDD and CAL claims led us to our decision 
to allow disability examiners to make some fully favorable 
determinations without a medical or psychological consultation. When we 
implemented the rule, we also knew that State agencies would require 
some time to establish procedures, adopt necessary software 
modifications, and satisfy collective bargaining obligations. Extending 
the rule provides data on the active processes as well as ongoing 
analysis of the data we will use to make a decision on whether to make 
the authority permanent.

Regulatory Procedures

Justification for Issuing a 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). 
Generally, the APA requires that an agency provide prior notice and 
opportunity for public comment before issuing a final rule. However, 
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 expiration 
date of the existing provisions. It makes no substantive changes. The 
current regulations expressly provide that we may extend or terminate 
the current rule. Therefore, we have determined that opportunity for 
prior comment is unnecessary, and we are issuing this rule as a final 
rule.
    In addition, for the reasons cited above, we find good cause for 
dispensing with the 30-day delay in the effective date of this final 
rule. 5 U.S.C. 553(d)(3). We are not making any substantive changes in 
our current rule, but are extending the expiration date of the rule. In 
addition, as discussed above, the change we are making in this final 
rule will allow us to better utilize our scarce administrative 
resources in light of the current budgetary constraints under which we 
are operating. For these reasons, we find that it is contrary to the 
public interest to delay the effective date of our 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 not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB did not review 
it.
    We also determined that this final rule meets the plain language 
requirement of Executive Order 12866.

Regulatory Flexibility Act

    We certify that this final rule will not have a significant 
economic impact on a substantial number of small entities because it 
affects individuals only. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Paperwork Reduction Act

    These rules do not create any new or affect any existing 
collections and, therefore, do not require Office of Management and 
Budget 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).

Carolyn W. Colvin,
Acting Commissioner of Social Security.

    For the reasons stated in the preamble, we are amending subpart Q 
of part 404 and subpart J 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 Q--[Amended]

0
1. The authority citation for subpart Q of part 404 continues to read 
as follows:

    Authority: Secs. 205(a), 221, and 702(a)(5) of the Social 
Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).


0
2. Amend Sec.  404.1615 by revising paragraph (c)(3) to read as 
follows:


Sec.  404.1615  Making disability determinations.

* * * * *
    (c) * * *
    (3) A State agency disability examiner alone if the claim is 
adjudicated under the quick disability determination process (see Sec.  
404.1619) or the compassionate allowance process (see Sec.  404.1602), 
and the initial or reconsidered determination is fully favorable to 
you. This paragraph will no longer be effective on November 11, 2016 
unless we terminate it earlier or extend it beyond that date by 
publication of a final rule in the Federal Register; or
* * * * *

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

Subpart J--[Amended]

0
3. The authority citation for subpart J of part 416 continues to read 
as follows:

    Authority: Secs. 702(a)(5), 1614, 1631, and 1633 of the Social 
Security Act (42 U.S.C. 902(a)(5), 1382c, 1383, and 1383b).


0
4. Amend Sec.  416.1015 by revising paragraph (c)(3) to read as 
follows:


Sec.  416.1015  Making disability determinations.

* * * * *
    (c) * * *
    (3) A State agency disability examiner alone if you are not a child 
(a person who has not attained age 18), and the claim is adjudicated 
under the quick

[[Page 63094]]

disability determination process (see Sec.  416.1019) or the 
compassionate allowance process (see Sec.  416.1002), and the initial 
or reconsidered determination is fully favorable to you. This paragraph 
will no longer be effective on November 11, 2016 unless we terminate it 
earlier or extend it beyond that date by publication of a final rule in 
the Federal Register; or
* * * * *

[FR Doc. 2015-26488 Filed 10-16-15; 8:45 am]
BILLING CODE 4191-02-P