SSA schedules initial hearings a minimum of 75 days in advance to allow claimants to obtain and submit information and evidence, arrange for transportation, and to account for the 60-day period medical providers have under the Health Insurance Portability and Accountability Act (HIPAA) to provide medical records. However, despite claimants having a primary duty to develop and provide documentation of their impairments and limitations, cases still have evidence missing at the time of hearing.  We propose to revise 20 CFR 404.938 and 416.1438 to reduce the number of days of advanced written notice required in advance of a hearing.  With increasing submission of evidence via health integrated technology (HIT), this revision provides adequate time for submission of medical records. Given that the extra time provided to claimants and representatives is not being used sufficiently to obtain medical evidence, reducing the period would provide greater flexibility for scheduling of our hearings and allow the agency to provide more efficient service to all claimants. Reducing the period would allow people to access a hearing more quickly and reduce cases involving waivers of timely written notices. The rule will explore the appropriate time period.

In addition, current regulations allow a claimant to request a hearing before an administrative law judge (ALJ) by filing a written request (20 CFR 404.933(a) and 416.1433(a)).  Claimants overwhelmingly use form HA-501 to request a hearing, but can also submit a letter or other written document (HALLEX I-2-0-40). We propose to revise our regulations to make form HA-501 (Request for Hearing by Administrative Law Judge) mandatory to request a hearing before an ALJ. We also propose to revise our regulations so that form HA-501 incorporates the options listed in forms Notice of Ways to Attend a Hearing package (HA-L54), which includes the Objection to Appearing by Audio or Agency Video form (HA-55) and Agreement to Appearing by Online Video form (HA-56). This proposal will reduce processing time for each case, improve customer service, reduce untimely objections to manner of appearance, and streamline manner of appearance determinations.