We propose to remove the ability for administrative law judges (ALJ) to issue a fully favorable oral decision entered into the record at the hearing to streamline hearings operations. 20 CFR 404.953(b) and 416.1453(b) permits an ALJ to enter a fully favorable decision into the record and then issue a written decision that incorporates the oral decision by reference, commonly referred to as "bench decisions.”  However, the regulations still require a written document setting forth the key data, findings of fact, and narrative rationale for the decision. There were only 2,856 bench decisions for FY 2023, and 2,589 for FY 2024. 

In many cases, it is more efficient for an ALJ to provide the decision writing instructions for a decision writer to prepare a streamlined fully favorable decision than to cover the findings in the hearing and then prepare a narrative decision. 

The deregulatory benefit would be increased administrative efficiency, increased decision accuracy, and improved customer service.