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SSA RIN: 0960-AG72 Publication ID: Fall 2008 
Title: Elimination of 30-Day Waiting Period To Dismiss Hearing Requests After Fully Favorable Determinations and Decisions (3472P) 
Abstract: Some claimants who have requested a hearing before an administrative law judge (ALJ) may instead receive a wholly favorable revised determination based on a prehearing case review or wholly favorable decision by an attorney advisor. In these cases, our rules provide a 30-day waiting period after a claimant receives the wholly favorable determination or decision in which the claimant may request that his hearing proceed. If at the end of the 30-day period a claimant has not asked that his hearing proceed, an ALJ will dismiss the claimant's request for hearing. Claimants rarely appeal such wholly favorable determinations and decisions, and claimants are often confused by the notice of dismissal of the hearing request that they receive several weeks after they received their determination or decision. To lessen potential for confusion and to streamline our administrative process, we propose to eliminate this 30-day period. For those claimants who still wish to proceed with the ALJ hearing, we will propose procedures that preserve their right to obtain such a hearing. 
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   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/00/2009    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
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