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SSA

RIN: 0960-AG61

Publication ID: Fall 2008

Title: Setting the Time and Place for a Hearing before an Administrative Law Judge (3481P)
Abstract: We propose to amend our rules to clarify that the agency is responsible for setting the time and place for a hearing before an administrative law judge (ALJ). Consistent with our regulations at other levels of the administrative process, we propose to use we or us in the rules addressing the scheduling of hearings. These changes 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 efforts toward greater efficiency are critical to addressing this problem.
Agency: Social Security Administration(SSA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: No
CFR Citation: 20 CFR 404.932 20 CFR 404.936 20 CFR 404.938 20 CFR 404.950 20 CFR 416.1436 20 CFR 416.1438 20 CFR 416.1450(b)
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

Legal Deadline: None

Statement of Need: SSA currently faces 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. Our proposed rulemaking will promote greater efficiency at the hearing level.

Summary of the Legal Basis: Administrative--not required by statute or court order.

Alternatives: Undetermined at this time.

Anticipated Costs 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	11/00/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
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