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SSA

RIN: 0960-AH64

Publication ID: Fall 2015

Title: Returning Evidence at the Appeals Council Level (3844F)
Abstract: We propose to revise our rules regarding returning evidence at the Appeals Council level. Our current regulations require the Appeals Council to return to the claimant additional evidence when the Appeals Council finds that the evidence does not relate to the period on or before the date of the administrative law judge (ALJ) hearing decision. With the availability and use of our electronic services, and because the current procedures are not administratively efficient or cost effective, these rules would no longer require us to return any additional evidence when the Appeals Council determines the additional evidence does not relate to the period on or before the date of the ALJ decision, except in rare circumstances. We are not proposing any changes to how the Appeals Council considers additional evidence or when the Appeals Council gives protective filing based on the receipt of additional evidence.
Agency: Social Security Administration(SSA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 20 CFR 404.976 20 CFR 416.1476
Legal Authority: 42 U.S.C. 401(j) 42 U.S.C. 404(f) 42 U.S.C. 405(a) 42 U.S.C. 405(b) 42 U.S.C. 405(d) to (h) 42 U.S.C. 405(j) 42 U.S.C. 405 note 42 U.S.C. 421 42 U.S.C. 421 note 42 U.S.C. 423(i) 42 U.S.C. 425 42 U.S.C. 902(a)(5) 42 U.S.C. 902 note 42 U.S.C. 1383 42 U.S.C. 1383b

Legal Deadline: None

Statement of Need:

We propose to amend our regulations by revising our rules regarding returning evidence at the Appeals Council (AC) level. Our current rules state that the AC will return to the claimant additional evidence it receives when the AC finds the evidence does not relate to the period on or before the date of the administrative law judge (ALJ) hearing decision. We are proposing these revisions to provide the AC discretion in returning additional evidence that it receives when the AC determines the additional evidence does not relate to the period on or before the date of the ALJ decision.

Summary of the Legal Basis:

Administrative--not required by statute or court order.

Alternatives:

We could have chosen not to amend our regulations, but we believe that with the increasing use of the Electronic Records Express system, the practice of returning evidence is unnecessary. In addition, the practice of returning documents submitted to us electronically is not administratively efficient or cost-effective.

Anticipated Costs and Benefits:

These proposed rules should have no effect on Old-Age, Survivors and Disability Insurance or Supplemental Security Income benefits.

The administrative effect of this regulation is negligible (i.e., less than 25 workyears or $2 million annually).

Risks:

None.

Timetable:

Action	Date	FR Cite
NPRM	10/21/2015	80 FR 63717
NPRM Comment Period End	11/20/2015

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Maren Weight Appeals Officer Social Security Administration Office of Appellate Operations, 5107 Leesburg Pike, Falls Church, VA 22041 Phone:703 605-7100 Brian J. Rudick Social Insurance Specialist, Regulations Writer Social Security Administration Office of Regulations and Reports Clearance, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-7102 Email: brian.rudick@ssa.gov