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We propose removing the expiration date from our rule authorizing State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our quick disability determinations (QDD) and compassionate allowances (CAL) processes. The disability examiner authority expires on November 11, 2016.  In this proposed rule, we remove the expiration date from the disability examiner authority, so that the authority  continues indefinitely.  Removing the expiration date will allow us to continue to make some favorable disability determinations more quickly. We are making no other substantive changes.

Statement of Need:

Our review of cases that qualify for adjudication under this test program decreases the time for issuing disability decisions to claimants; we are therefore making the program permanent.

Summary of the Legal Basis:

The Social Security Act authorizes the testing of innovative adjudicative procedures [Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5))], and we are now proposing to make this test program a permanent process.

Alternatives:

We could continue to extend this successful program each year, or we could discontinue the process altogether.

Anticipated Costs and Benefits:

Costs are presently undetermined.  This process decreases the overall time some claimants wait for a disability determination.

Risks:

There is no determined risk to making this program permanent, at this time.