Administrative Review Process; Prehearing Proceedings and Decisions by Attorney Advisors; Extension of Expiration Date

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

RIN 0960-AE86

Administrative Review Process; Prehearing Proceedings and

Decisions by Attorney Advisors; Extension of Expiration Date

AGENCY: Social Security Administration.

ACTION: Final rules.

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SUMMARY: These final rules extend the time period set out in our

regulations during which attorney advisors in our Office of Hearings

and Appeals (OHA) may conduct certain prehearing proceedings and, where

the documentary record developed as a result of these proceedings

warrants, issue decisions that are wholly favorable to the parties to

the hearing in claims for Social Security or Supplemental Security

Income (SSI) benefits based on disability. We are extending the date at

which these rules will no longer be effective from July 1, 1998, until

April 1, 1999.

EFFECTIVE DATE: These rules are effective June 30, 1998.

FOR FURTHER INFORMATION CONTACT: Harry J. Short, Legal Assistant,

Office of Process and Innovation Management, Social Security

Administration, 6401 Security Boulevard, Baltimore, MD 21235, (410)

965-6243 for information about these rules. For information on

eligibility or claiming benefits, call our national toll-free number,

1-800-772-1213.

SUPPLEMENTARY INFORMATION: On June 30, 1995, in an action undertaken to

reduce the record numbers of requests for an administrative law judge

(ALJ) hearing pending in our OHA hearing offices, we published final

rules in the Federal Register (60 FR 34126) that authorize OHA's

attorney advisors to conduct certain prehearing proceedings and, if a

decision that is wholly favorable to the parties to the hearing may be

issued at the completion of these proceedings, to issue such a

decision. These regulations, which are codified at Secs. 404.942 and

416.1442, included a provision stating that the rules would no longer

be effective on June 30, 1997, unless the Commissioner of Social

Security extended the expiration date of the provisions by publication

of a final rule in the Federal Register. We subsequently published a

final rule in the Federal Register on June 30, 1997 (62 FR 35073),

stating that these rules would no longer be effective on July 1, 1998.

In order to maximize our ability to meet our hearing production

goals, we have decided to extend the date on which these rules will no

longer be effective from July 1, 1998, to April 1, 1999. The final

rules amend the sunset provision in Secs. 404.942 and 416.1442 (which

expressly provides for extending the expiration date of those sections)

to provide that the provisions authorizing prehearing proceedings and

decisions by attorney advisors will no longer be effective on April 1,

1999, unless the provisions are extended by the Commissioner of Social

Security by publication of a final rule in the Federal Register.

Regulatory Procedures

Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.

902(a)(5), as amended by section 102 of Public Law 103-296, SSA follows

the Administrative Procedure Act (APA) rulemaking procedures specified

in 5 U.S.C. 553 in the development of its regulations. The APA provides

exceptions to its notice and public comment procedures when an agency

finds there is good cause for dispensing with such procedures on the

basis that they are impracticable, unnecessary, or contrary to the

public interest. We have determined that, under 5 U.S.C. 553(b)(B),

good cause exists for dispensing with the notice and public comment

procedures in this case. Good cause exists because these rules only

extend the date on which the regulatory provisions concerning

prehearing proceedings and decisions by attorney advisors will no

longer be effective. These rules make no substantive change to those

provisions. The current regulations expressly provide that the

provisions may be extended. Therefore, opportunity for prior comment is

unnecessary, and we are issuing these regulations as final rules.

In addition, we find good cause for dispensing with the 30-day

delay in the effective date of a substantive rule, provided for by 5

U.S.C. 553(d). As explained above, we are not making any substantive

changes in the provisions on prehearing proceedings and decisions by

attorney advisors. However, without a timely extension of the

expiration date for these provisions, we will lack

[[Page 35516]]

regulatory authority beginning July 1, 1998, to have OHA attorney

advisors conduct certain prehearing proceedings and issue fully

favorable decisions where appropriate under the rules. In order to

provide for an uninterrupted continuance of that authority for the

additional period we believe appropriate, and to ensure that we retain

the ability to manage the hearings process appropriately, we find that

it is in the public interest to make these rules effective upon

publication.

Executive Order 12866

We have consulted with the Office of Management and Budget (OMB)

and determined that these rules do not meet the criteria for a

significant regulatory action under Executive Order 12866. Thus, the

rules are not subject to OMB review.

Regulatory Flexibility Act

We certify that these regulations will not have a significant

economic impact on a substantial number of small entities because they

affect only individuals. Therefore, a regulatory flexibility analysis

as provided in the Regulatory Flexibility Act, as amended, is not

required.

Paperwork Reduction Act

These regulations impose no reporting/recordkeeping requirements

necessitating clearance by OMB.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social

Security-Disability Insurance; 96.006, Supplemental Security Income)

List of Subjects

20 CFR Part 404

Administrative practice and procedure, Death benefits, 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, Supplemental Security Income

(SSI), Reporting and recordkeeping requirements.

Dated: June 23, 1998.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set out in the preamble, subpart J of part 404 and

subpart N of part 416 of chapter III of title 20 of the Code of Federal

Regulations are amended as set forth below.

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

(1950- )

Subpart J is amended as follows:

1. The authority citation for subpart J of part 404 continues to

read as follows:

Authority: Secs. 201(j), 205(a), (b), (d)-(h), and (j), 221,

225, and 702(a)(5) of the Social Security Act (42 U.S.C. 401(j),

405(a), (b), (d)-(h), and (j), 421, 425, and 902(a)(5)); 31 U.S.C.

3720A; 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).

2. Section 404.942 is amended by revising 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 April 1, 1999, unless they are extended by the

Commissioner of Social Security by publication of a final rule in the

Federal Register.

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

DISABLED

Subpart N is amended as follows:

1. The authority citation for subpart N continues to read as

follows:

Authority: Sec. 702(a)(5), 1631, and 1633 of the Social Security

Act (42 U.S.C. 902(a)(5), 1383, and 1383b).

2. Section 416.1442 is amended by revising 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 April 1, 1999, unless they are extended by the

Commissioner of Social Security by publication of a final rule in the

Federal Register.

[FR Doc. 98-17343 Filed 6-29-98; 8:45 am]

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