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SSA

RIN: 0960-AG72

Publication ID: Spring 2009

Title: Amendments to Procedures for Certain Determinations and Decisions
Abstract: In certain circumstances, a claimant who has requested a hearing before an administrative law judge (ALJ) may receive a wholly favorable determination based on a prehearing case review or a wholly favorable decision by an attorney advisor. A claimant who receives this kind of wholly favorable determination or decision may request that his hearing proceed by filing a written request within 30 days of the date that the notice of the determination or decision was mailed. If a claimant has not asked that this hearing proceed within this time, an ALJ will dismiss the claimant's request for a hearing. Claimants rarely appeal wholly favorable determinations and decisions, and they are often confused when they receive notice that their hearing request was dismissed months after they receive their favorable determination or decision. To lessen potential for confusion and to streamline our administrative process, we propose to eliminate this 30-day time period while preserving the claimants' right to have a hearing in these cases. It is possible that a claimant will receive a partially favorable determination in the prehearing case review process. For these cases, we propose to notify the claimant that we will continue with the ALJ hearing unless all parties to the hearing tell us in writing that we should dismiss the hearing request. Finally, we propose to notify claimants who receive a wholly favorable ALJ decision without a hearing and who do not want to dismiss their hearing request of their right to appeal their decision to the Appeals Council.
Agency: Social Security Administration(SSA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 20 CFR 404.941 20 CFR 404.942 20 CFR 416.1441 20 CFR 416.1442 20 CFR 404.948 20 CFR 404.950 20 CFR 404.960 20 CFR 404.970 20 CFR 416.1448 20 CFR 416.1450 20 CFR 416.1460 20 CFR 416.1470
Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/00/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Undetermined
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
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 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