[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Rules and Regulations]
[Pages 6170-6171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02267]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2013-0061]
RIN 0960-AH64
Returning Evidence at the Appeals Council Level
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: This final rule adopts the notice of proposed rulemaking
(NPRM) that we published in the Federal Register on October 21, 2015.
This final rule revises our rules regarding returning evidence at the
Appeals Council (AC) level. Under this final rule, the AC will no
longer return additional evidence it receives when the AC determines
the additional evidence does not relate to the period on or before the
date of the administrative law judge (ALJ) decision.
DATES: Effective Date: This final rule is effective February 5, 2016.
FOR FURTHER INFORMATION CONTACT: Maren Weight, Office of Appellate
Operations, Social Security Administration, 5107 Leesburg Pike, Falls
Church, VA 22041, 703-605-7100. 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: This final rule adopts the NPRM that we
published in the Federal Register on October 21, 2015.\1\
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\1\ http://www.gpo.gov/fdsys/pkg/FR-2015-10-21/pdf/2015-26747.pdf
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Background
In the NPRM, we provided a 30-day comment period, which ended on
November 20, 2015. We received no comments. We explained our reasons
for proposing the rule which we are now adopting as a final rule in the
preamble to the NPRM (80 FR at 63718-63719), and we incorporate that
discussion here.
Regulatory Procedures
Good Cause for Effective Date
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). For the reasons
discussed in the preamble to the NPRM, we are making a minor change to
our current rules by discontinuing the practice of having the AC return
additional evidence that it receives when the AC determines the
additional evidence does not relate to the period on or before the date
of the ALJ's decision. We now use many electronic services that make
the practice of returning evidence unnecessary. For example, we now
scan most of the medical evidence into the electronic claim(s) file or
appointed representatives submit it through our Electronic Records
Express system. This technology immediately uploads records into a
claimant's electronic folder, making the records available for review
in real time. As a result, it is neither administratively efficient nor
cost effective for us to print out documents that have been submitted
to us electronically by a claimant or appointed representative in order
to return them to the claimant.
The change we are making in this final rule will allow us to better
utilize our limited administrative resources. For these reasons, we
find that it is unnecessary and contrary to the public interest to
delay the effective date of our 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 not meet the criteria for a
significant regulatory action under Executive Order 12866 as
supplemented by Executive Order 13563. Thus, OMB did not review the
final rule.
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
applies to individuals only. Thus, a regulatory flexibility analysis is
not required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These Final 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; and 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).
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons set forth in the preamble, we amend 20 CFR chapter
III, part 404 and part 416, as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart J--Determinations, Administrative Review Process, and
Reopening of Determinations and Decisions
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)-
[[Page 6171]]
(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. 404.976, revise paragraph (b)(1) to read as follows:
Sec. 404.976 Procedures before Appeals Council on review.
* * * * *
(b) * * * (1) The Appeals Council will consider all the evidence in
the administrative law judge hearing record as well as any new and
material evidence submitted to it that relates to the period on or
before the date of the administrative law judge hearing decision. If
you submit evidence that does not relate to the period on or before the
date of the administrative law judge hearing decision, the Appeals
Council will explain why it did not accept the additional evidence and
will advise you of your right to file a new application. The notice
will also advise you that if you file a new application within 6 months
after the date of the Appeals Council's notice, your request for review
will constitute a written statement indicating an intent to claim
benefits in accordance with Sec. 404.630. If you file a new
application within 6 months of the date of this notice, we will use the
date of the request for review as the filing date for your application.
* * * * *
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart N--Determinations, Administrative Review Process, and
Reopening of Determinations and Decisions
0
3. The authority citation for subpart N of part 416 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. 416.1476, revise paragraph (b)(1) to read as follows:
Sec. 416.1476 Procedures before Appeals Council on review.
* * * * *
(b) * * * (1) In reviewing decisions based on an application for
benefits, the Appeals Council will consider the evidence in the
administrative law judge hearing record as well as any new and material
evidence submitted to it that relates to the period on or before the
date of the administrative law judge hearing decision. If you submit
evidence that does not relate to the period on or before the date of
the administrative law judge hearing decision, the Appeals Council will
explain why it did not accept the additional evidence and will advise
you of your right to file a new application. The notice will also
advise you that if you file a new application within 60 days after the
date of the Appeals Council's notice, your request for review will
constitute a written statement indicating an intent to claim benefits
in accordance with Sec. 416.340. If you file a new application within
60 days of the date of this notice, we will use the date of the request
for review as the filing date for your application.
* * * * *
[FR Doc. 2016-02267 Filed 2-4-16; 8:45 am]
BILLING CODE 4191-02-P