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SSA | RIN: 0960-AI25 | Publication ID: Fall 2018 |
Title: Hearings Held by Administrative Appeals Judges of the Appeals Council | |
Abstract:
We propose to revise our rules to clarify when administrative appeals judges (AAJ) from our Appeals Council may hold hearings and issue decisions. We propose that in all situations where an AAJ would conduct a hearing and issue a decision, the AAJ would adhere to the same due process requirements as administrative law judges. We also propose to update and clarify our regulations to conform to our current business processes and organizational components. |
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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 |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 20 CFR 402.60 20 CFR 404.2 20 CFR 404.929 20 CFR 404.955 20 CFR 404.956 20 CFR 404.970 20 CFR 404.973 20 CFR 404.976 20 CFR 404.983 20 CFR 404.984 20 CFR 404.999c 20 CFR 404.1765 20 CFR 408.110 20 CFR 411.175 20 CFR 416.120 20 CFR 416.1429 20 CFR 416.1455 20 CFR 416.1456 20 CFR 416.1470 20 CFR 416.1473 20 CFR 416.1476 20 CFR 416.1483-1484 20 CFR 416.1498 20 CFR 416.1565 20 CFR 422.201 20 CFR 422.203 20 CFR 422.205 20 CFR 422.210 ... (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 42 U.S.C. 405(a) to 405(b) 42 U.S.C. 902(a)(5) |
Legal Deadline:
None |
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Statement of Need: Ensuring that we make the best use of all of our resources is an important part of our ongoing effort to decrease the number of pending hearing cases, reduce the average wait time, and significantly improve our service to the American public. Having AAJs conduct hearings will help achieve those goals. |
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Summary of the Legal Basis: Administrative, not required by statute or court order. |
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Alternatives: We would continue our current adjudicatory procedures. |
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Anticipated Costs and Benefits: We do not anticipate this proposal would impose any costs on the public. Although specific figures are not available at this time, we anticipate there may be some administrative costs to SSA for this proposal, specifically related to training and new notices. Given the historic backlog and waiting times for a hearing, the benefits of this proposal, faster hearings and case resolutions, are potentially significant. |
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Risks: NA |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Nancy Chung Acting Director Program Analysis Staff Social Security Administration 5107 Leesburg Pike, Falls Church, VA 22041 Phone:703 605-7100 Email: nancy.chung@ssa.gov |