[No title available]

[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