[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Rules and Regulations]
[Pages 41881-41883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16782]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2014-0034]
RIN 0960-AH67
Extension of Expiration Date for Temporary Pilot Program Setting
the Time and Place for a Hearing Before an Administrative Law Judge
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: We are extending for one year our pilot program that
authorizes the agency to set the time and place for a hearing before an
administrative law judge (ALJ). Extending the pilot program continues
our commitment to improve the efficiency of our hearing process and
provide accurate, high-quality decisions for claimants. The current
pilot program will expire on August 9, 2014. In this final rule, we are
extending the expiration date to August 10, 2015. We are making no
other substantive changes.
DATES: This final rule is effective July 18, 2014.
FOR FURTHER INFORMATION CONTACT: Rainbow Forbes, Social Security
Administration, 5107 Leesburg Pike, Falls Church, VA 22041-3260, 703-
605-8100 for information about this final rule. For information on
eligibility for filing for benefits, call our national toll-free
number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet
site, Social Security Online, at http://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
Over the past several years, one of our highest priorities has been
to improve the efficiency of our hearing process for the Old Age,
Survivors, and Disability Insurance (OASDI) programs under title II of
the Social Security Act (Act) and the Supplemental Security Income
(SSI) program under title XVI of the Act. Toward that end, we began a
pilot program in July 2010 (75 FR 39154), under which the agency,
rather than the ALJ, may set the time and place of the hearing under
certain circumstances. Because we expect to continue to face
significant challenges in dealing with the historically large number of
hearing requests, we must maintain programs and policies that can
provide us with the flexibility we need to improve the efficiency of
our hearing process.
On November 10, 2008, we published a notice of proposed rulemaking
to amend our rules to allow the agency to set the time and place for a
hearing before an ALJ. (73 FR 66564). Following receipt of public
comments, we issued a final rule on July 8, 2010. (75 FR 39154). Under
the rule, the agency acquired the authority to set the time and place
for a hearing before an ALJ. In the rule, we explained that we would
implement our authority to set the time and place for a hearing before
an ALJ as a temporary pilot program. Therefore, we included in sections
404.936(h) and 416.1436(h) of the final rule a provision
[[Page 41882]]
that the pilot program would end on August 9, 2013, unless we decided
to either terminate the program earlier, or extend it beyond that date
by publication of a final rule in the Federal Register. On July 29,
2013, we extended the sunset date of the program until August 9,
2014.\1\ (78 FR 45451).
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\1\ http://www.gpo.gov/fdsys/pkg/FR-2013-07-29/pdf/2013-18143.pdf.
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Explanation of Extension
During the pilot program, we track ALJ productivity closely. We
work with our ALJs to address any concerns about our hearing process.
In situations where hearings were not being promptly scheduled, we
worked with ALJs to correct these situations, and we continue to work
with some ALJs on scheduling hearings with the expectation of using all
authorities available. To date, our efforts to correct situations have
been largely successful. We our retaining this authority in order to
provide us with the flexibility we need to manage the hearing process
appropriately. We consider the pilot program an important tool to
better manage the number of hearings held and keep our hearing process
as efficient as possible in our overall effort to reduce hearing
backlogs.
During this extension of the pilot program, we will continue to
monitor the productivity of ALJs, and we will continue to work with our
ALJs to address any concerns regarding our hearing process.
Accordingly, we are extending our authority to set the time and place
for a hearing before an ALJ for another year, until August 10, 2015. As
before, we are reserving the authority to end the program earlier, or
to extend it by publishing a final rule in the Federal Register.
Part 405
We are making one change to Part 405 for consistency with this
final rule.
Regulatory Procedures
Justification for Issuing Final Rule Without Notice and Comment
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 when developing regulations.
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5).
Generally, the APA requires that an agency provide prior notice and
opportunity for public comment before issuing a final rule. The APA
provides exceptions to its notice and public comment procedures when an
agency finds there is good cause for dispensing with such procedures
because they are impracticable, unnecessary, or contrary to the public
interest. We have determined that good cause exists for dispensing with
the notice and public comment procedures for this rule. 5 U.S.C.
553(b)(B). This final rule only extends the date on which the pilot
program will no longer be effective. It makes no substantive changes to
our rules. Our current regulations expressly provide that we may extend
the expiration date of the pilot program by notice of a final rule in
the Federal Register. Therefore, we have determined that opportunity
for prior comment is unnecessary, and we are issuing this rule as a
final rule.
In addition, for the reasons cited above, we find good cause for
dispensing with the 30-day delay in the effective date of this final
rule. 5 U.S.C. 553(d)(3). We are not making any substantive changes in
our rules. Without an extension of the expiration date for the pilot
program, we will not have the flexibility we need to ensure the
efficiency of our hearing process. Therefore, we find it is in the
public interest to make this final rule effective on the publication
date.
Executive Order 12866 as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that this final rule does not meet the criteria for a
significant regulatory action under Executive Order 12866 as
supplemented by Executive Order 13563. Thus, OMB did not review the
final rule.
Regulatory Flexibility Act
We certify that this final rule will not have a significant
economic impact on a substantial number of small entities because it
affects individuals only. Therefore, the Regulatory Flexibility Act, as
amended, does not require us to prepare a regulatory flexibility
analysis.
Paperwork Reduction Act
These rules do not create any new or affect any existing
collections and, therefore, do not require Office of Management and
Budget approval under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; 96.006,
Supplemental Security Income.)
List of Subjects
20 CFR Part 404
Administrative practice and procedure; Blind; Disability benefits;
Old-age, Survivors, and Disability Insurance; Reporting and
recordkeeping requirements; Social Security.
20 CFR Part 405
Administrative practice and procedure, Blind, Disability benefits,
Old-Age, Survivors, and Disability Insurance, Public assistance
programs, Reporting and recordkeeping requirements, Social Security,
Supplemental Security Income (SSI).
20 CFR Part 416
Administrative practice and procedure; Aged; Blind; Disability
benefits; Public assistance programs; Reporting and recordkeeping
requirements; Supplemental Security Income (SSI).
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons set out in the preamble, we are amending 20 CFR
chapter III, parts 404, 405, and 416, as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart J--[Amended].
0
1. The authority citation for subpart J of part 404 continues to read
as follows:
Authority: Secs. 201(j), 204(f), 205(a)-(b), (d)-(h), and (j),
221, 223(i), 225, and 702(a)(5) of the Social Security Act (42
U.S.C. 401(j), 404(f), 405(a)-(b), (d)-(h), and (j), 421, 423(i),
425, and 902(a)(5)); sec. 5, Pub. L. 97-455, 96 Stat. 2500 (42
U.S.C. 405 note); secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98
Stat. 1802 (42 U.S.C. 421 note); sec. 202, Pub. L. 108-203, 118
Stat. 509 (42 U.S.C. 902 note).
0
2. In Sec. 404.936, revise the second sentence in paragraph (h) to
read as follows:
Sec. 404.936 Time and place for a hearing before an administrative
law judge.
* * * * *
(h) Pilot program. * * * These provisions will no longer be
effective on August 10, 2015, unless we terminate them earlier or
extend them beyond that date by notice of a final rule in the Federal
Register.
PART 405--ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL
DISABILITY CLAIMS
Subpart D--[Amended]
0
3. The authority citation for part 405 continues to read as follows:
Authority: Secs. 201(j), 205(a)-(b), (d)-(h), and (s), 221,
223(a)-(b), 702(a)(5), 1601, 1602, 1631, and 1633 of the Social
Security Act (42 U.S.C. 401(j), 405(a)-(b), (d)-(h), and (s), 421,
[[Page 41883]]
423(a)-(b), 902(a)(5), 1381, 1381a, 1383, and 1383b).
0
4. In Sec. 405.315, revise the second sentence in paragraph (e) to
read as follows:
Sec. 405.315 Time and place for a hearing before an administrative
law judge.
* * * * *
(e) Pilot program. * * * These provisions will no longer be
effective on August 10, 2015, unless we terminate them earlier or
extend them beyond that date by notice of a final rule in the Federal
Register.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart N--[Amended]
0
5. The authority citation for subpart N of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1631, and 1633 of the Social
Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub.
L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).
0
6. In Sec. 416.1436, revise the second sentence in paragraph (h) to
read as follows:
Sec. 416.1436 Time and place for a hearing before an administrative
law judge.
* * * * *
(h) Pilot program. * * * These provisions will no longer be
effective on August 10, 2015, unless we terminate them earlier or
extend them beyond that date by notice of a final rule in the Federal
Register.
[FR Doc. 2014-16782 Filed 7-17-14; 8:45 am]
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