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SSA | RIN: 0960-AI25 | Publication ID: Fall 2019 |
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 or dismissals. We propose that in all situations where an AAJ would conduct a hearing and issue a decision or dismissal, 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: No | 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 404.966 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 408.110 20 CFR 411.175 20 CFR 416.120 20 CFR 416.1429 20 CFR 416.1455 20 CFR 416.1456 20 CFR 416.1466 20 CFR 416.1470 20 CFR 416.1473 20 CFR 416.1476 20 CFR 416.1483 20 CFR 416.1484 20 CFR 416.1498c 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: 5 U.S.C. 552 5 U.S.C. 552a 8 U.S.C. 1360 18 U.S.C. 1905 26 U.S.C. 6103 30 U.S.C. 923(b) 31 U.S.C. 9701 42 U.S.C. 401(j), 403, 404(f) 42 U.S.C. 405, 416(j), 421 42 U.S.C. 423(i), 425 42 U.S.C. 905(a)(5) and note 42 U.S.C. 1001 to 1013 42 U.S.C. 1306, 1320b-19 and note 42 U.S.C. 1381 to 1383d 48 U.S.C. 1681 note 48 U.S.C. 1801 |
Legal Deadline:
None |
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Statement of Need: We propose this rule to clarify and codify our existing regulatory authority in this area, and to provide another tool for disability case adjudication for use as needed. |
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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. The benefit of this proposal is that it would give us the flexibility to utilize AAJs when needed to reduce pending backlogs and improve service to our applicants.
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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 |