64354 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 

SOCIAL SECURITY ADMINISTRATION 

(SSA) 

Statement of Regulatory Priorities 

The Social Security Administration 

(SSA) administers the Retirement, 

Survivors, and Disability Insurance 

programs under title II of the Social 

Security Act (the Act), the 

Supplemental Security Income (SSI) 

program under title XVI of the Act and 

the Special Veterans Benefits program 

under title XVIII of the Act. As directed 

by Congress, we also assist in 

administering portions of the Medicare 

program. Our regulations codify the 

requirements for eligibility and 

entitlement to benefits and our 

procedures for administering these 

programs. Generally, our regulations do 

not impose burdens on the private 

sector or on State or local governments. 

The 14 entries in SSA’s Regulatory 

Plan (the Plan), represent issues of 

major importance to the agency. One of 

our 14 entries recently published in the 

Federal Register and will appear in the 

Completed Actions section of the 

Unified Agenda. We describe the 

individual initiatives more fully in the 

attached Plan. 

Improving the Disability Process 

Because the continued improvement 

of the disability program is a vital 

concern to us, we have 12 initiatives in 

the Plan addressing disability-related 

issues. They include: 

• A proposed rule providing that we 

identify claimants with serious 

medical conditions as soon as 

possible, allowing us to grant benefits 

expeditiously to those claimants who 

meet SSA disability standards; 

• A final rule clarifying that we may set 

the time and place for a hearing before 

an administrative law judge (ALJ); 

• A proposed rule reestablishing 

Uniform National Disability 

Adjudication provisions in our Boston 

Region; 

• Two proposed rules allowing certain 

SSA employees to issue fully 

favorable decisions on disability 

hearing level requests; and, 

• Seven initiatives updating the 

medical listings used to determine 

disability—two final rules evaluating 

hearing loss and malignant neoplastic 

diseases, and five proposed rules on 

evaluating respiratory system 

disorders, mental disorders, 

hematological disorders, immune 

(HIV) system disorders and endocrine 

disorders. The final rule on evaluating 

Malignant Neoplastic Diseases 

published on October 6, 2009. The 

revisions reflect our adjudicative 

experience, advances in medical 

knowledge, diagnosis, and treatment. 

Enhanced Public Service 

We are proposing to revise our rules 

about the representation of claimants 

and other parties before the agency. 

These rules include recognizing entities 

as representatives, expanding the use of 

electronic services, and modifying our 

rules on representative sanctions. 

SSA 

PROPOSED RULE STAGE 

163. REVISED MEDICAL CRITERIA 

FOR EVALUATING ENDOCRINE 

SYSTEM DISORDERS (436P) 

Priority: 

Other Significant 

Legal Authority: 

42 USC 402; 42 USC 405(a); 42 USC 

405(b); 42 USC 405(d) to 405(h); 42 

USC 416(i); 42 USC 421(a); 42 USC 

421(i); 42 USC 422(c); 42 USC 423; 42 

USC 425; 42 USC 902(a)(5) 

CFR Citation: 

20 CFR 404.1500, app 1 

Legal Deadline: 

None 

Abstract: 

Sections 9.00 and 109.00, Endocrine 

System, of appendix 1 to Subpart P of 

part 404 of our regulations describe 

endocrine system disorders that are 

considered severe enough to prevent an 

individual from doing any gainful 

activity, or that cause marked and 

severe functional limitations for a child 

claiming SSI payments under title XVI. 

We are proposing to revise these 

sections to ensure that the medical 

evaluation criteria are up-to-date and 

consistent with the latest advances in 

medical knowledge and treatment. 

Statement of Need: 

These proposed regulations are 

necessary to update the Endocrine 

System listings to reflect advances in 

medical knowledge, treatment, and 

methods of evaluating endocrine 

system disorders. The changes would 

ensure that determinations of disability 

have a sound medical basis, that 

claimants receive equal treatment 

through the use of specific criteria, and 

that people who are disabled can be 

readily identified and awarded benefits 

if all other factors of entitlement or 

eligibility are met. 

Summary of Legal Basis: 

Administrative—not required by statute 

or court order. 

Alternatives: 

We considered not revising the listings 

or making only minor technical 

changes and continuing to use our 

current criteria. However, we believe 

that proposing these revisions is 

preferable because of the medical 

advances that have been made in 

treating and evaluating these types of 

disorders. 

Anticipated Cost and Benefits: 

Not yet determined. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

ANPRM 08/11/05 70 FR 46792 

ANPRM Comment 

Period End 

10/11/05 

NPRM 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Cheryl A. Williams 

Acting Director 

Social Security Administration 

Office of Compassionate Allowances and 

Listings Improvements 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1020 

Brian Rudick 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–7102 

RIN: 0960–AD78 


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SSA 

164. REVISED MEDICAL CRITERIA 

FOR EVALUATING RESPIRATORY 

SYSTEM DISORDERS (859P) 

Priority: 

Other Significant. Major under 5 USC 

801. 

Legal Authority: 

42 USC 402; 42 USC 405(a); 42 USC 

405(b); 42 USC 405(d) to 42 USC 

405(h); 42 USC 416(i); 42 USC 421(a); 

42 USC 421(i); 42 USC 422(c); 42 USC 

423; 42 USC 425; 42 USC 902(a)(5) 

CFR Citation: 

20 CFR 404.1500, app 1 

Legal Deadline: 

None 

Abstract: 

Sections 3.00 and 103.00, Respiratory 

System, of appendix 1 to Subpart P of 

part 404 of our regulations describe 

respiratory system disorders that are 

considered severe enough to prevent an 

individual from doing any gainful 

activity, or that cause marked and 

severe functional limitations for a child 

claiming SSI payments under title XVI. 

We are proposing to revise these 

sections to ensure that the medical 

evaluation criteria are up-to-date and 

consistent with the latest advances in 

medical knowledge and treatment. 

Statement of Need: 

These proposed regulations are 

necessary to update the Respiratory 

System listings to reflect advances in 

medical knowledge, treatment, and 

methods of evaluating respiratory 

disorders. The changes would ensure 

that determinations of disability have 

a sound medical basis, that claimants 

receive equal treatment through the use 

of specific criteria, and that people who 

are disabled can be readily identified 

and awarded benefits if all other factors 

of entitlement or eligibility are met. 

Summary of Legal Basis: 

Administrative—not required by statute 

or court order. 

Alternatives: 

We considered not revising the listings 

and continuing to use our current 

criteria. However, we believe that 

proposing these revisions is preferable 

because of the medical advances that 

have been made in treating and 

evaluating respiratory diseases and 

because of our adjudicative experience. 

Anticipated Cost and Benefits: 

Estimated costs - low. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

ANPRM 04/13/05 70 FR 19358 

ANPRM Comment 

Period End 

06/13/05 

NPRM 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Cheryl A. Williams 

Acting Director 

Social Security Administration 

Office of Compassionate Allowances and 

Listings Improvements 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1020 

Joshua B. Silverman 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 594–2128 

RIN: 0960–AF58 

SSA 

165. REVISED MEDICAL CRITERIA 

FOR EVALUATING MENTAL 

DISORDERS (886P) 

Priority: 

Other Significant 

Legal Authority: 

42 USC 401(j); 42 USC 402; 42 USC 

404(f); 42 USC 405(a); 42 USC 405(b); 

42 USC 405(d) to 42 USC 405(h); 42 

USC 405(j); 42 USC 416(i); 42 USC 421; 

42 USC 421(a); 42 USC 421(i); 42 USC 

421(m); 42 USC 422(c); 42 USC 423; 

42 USC 423(i); 42 USC 425; 42 USC 

902(a)(5); 42 USC 1382; 42 USC 

1382(c); 42 USC 1382(h); 42 USC 1383; 

42 USC 1383(a); 42 USC 1383(c); 42 

USC 1383(d); 42 USC 1383(i); 42 USC 

1383(p); 42 USC 1383b 

CFR Citation: 

20 CFR 404.941; 20 CFR 404.1500, app 

1; 20 CFR 404.1503; 20 CFR 404.1520 

to 404.1520a; 20 CFR 404.1528; 20 CFR 

404.1615; 20 CFR 416.903; 20 CFR 

416.920a; 20 CFR 416.928; 20 CFR 

416.1015; 20 CFR 416.1441 

Legal Deadline: 

None 

Abstract: 

Sections 12.00 and 112.00, Mental 

Disorders, of appendix 1 to subpart P 

of part 404 of our regulations describe 

those mental impairments that are 

considered severe enough to prevent a 

person from doing any gainful activity, 

or that cause marked and severe 

functional limitations for a child 

claiming SSI payments under title XVI. 

We are proposing to revise the criteria 

in these sections to ensure that the 

medical evaluation criteria are up-todate and consistent with the latest 

advances in medical knowledge and 

treatment. 

Statement of Need: 

These proposed regulations are 

necessary to update the listings for 

evaluating mental disorders to reflect 

advances in medical knowledge, 

treatment, and methods of evaluating 

these disorders. The changes would 

ensure that determinations of disability 

have a sound medical basis, that 

claimants receive equal treatment 

through the use of specific criteria, and 

that people who are disabled can be 

readily identified and awarded benefits 

if all other factors of entitlement or 

eligibility are met. 

Summary of Legal Basis: 

Administrative—not required by statute 

or court order. 

Alternatives: 

We considered not revising the listings 

or making only minor technical 

changes. However, we believe that 

proposing these revisions is preferable 

because of the medical advances that 

have been made in treating and 

evaluating these types of disorders. We 

have not comprehensively revised the 

current listings in over 15 years. 

Medical advances in disability 

evaluation and treatment and our 

program experience make clear that the 

current listings do not reflect state-ofthe-art medical knowledge and 

technology. 


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Anticipated Cost and Benefits: 

Savings estimates for fiscal years 2010 

- 2018: (in millions of dollars) OASDI 

- 315, SSI - 370. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

ANPRM 03/17/03 68 FR 12639 

ANPRM Comment 

Period End 

06/16/03 

NPRM 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Cheryl A. Williams 

Acting Director 

Social Security Administration 

Office of Compassionate Allowances and 

Listings Improvements 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1020 

Rosemarie Greenwald 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 966–7813 

RIN: 0960–AF69 

SSA 

166. REVISED MEDICAL CRITERIA 

FOR EVALUATING HEMATOLOGICAL 

DISORDERS (974P) 

Priority: 

Other Significant 

Legal Authority: 

42 USC 402; 42 USC 405(a); 42 USC 

405(b); 42 USC 405(d) to 42 USC 

405(h); 42 USC 416(i); 42 USC 421(a); 

42 USC 421(i); 42 USC 422(c); 42 USC 

423; 42 USC 425; 42 USC 902(a)5) 

CFR Citation: 

20 CFR 404.1500, app 1 

Legal Deadline: 

None 

Abstract: 

Sections 7.00 and 107.00, 

Hematological Disorders, of appendix 1 

to subpart P of part 404 of our 

regulations describe hematological 

disorders that are considered severe 

enough to prevent a person from 

performing any gainful activity, or that 

cause marked and severe functional 

limitation for a child claiming SSI 

payments under title XVI. We are 

proposing to revise the criteria in these 

sections to ensure that the medical 

evaluation criteria are up-to-date and 

consistent with the latest advances in 

medical knowledge and treatment 

Statement of Need: 

These proposed regulations are 

necessary to update the hematological 

listings to reflect advances in medical 

knowledge, treatment, and methods of 

evaluating hematological disorders. The 

changes ensure that determinations of 

disability have a sound medical basis, 

that claimants receive equal treatment 

through the use of specific criteria, and 

that people who are disabled can be 

readily identified and awarded benefits 

if all other factors of entitlement or 

eligibility are met. 

Summary of Legal Basis: 

Administrative—not required by statute 

or court order. 

Alternatives: 

We considered not revising the listings 

or making only minor technical 

changes and continuing to use our 

current criteria. However, we believe 

that proposing these revisions is 

preferable because of the medical 

advances that have been made in 

treating and evaluating these types of 

impairments. 

Anticipated Cost and Benefits: 

Estimated savings - low. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Cheryl A. Williams 

Acting Director 

Social Security Administration 

Office of Compassionate Allowances and 

Listings Improvements 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1020 

Richard M. Bresnick 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1758 

RIN: 0960–AF88 

SSA 

167. REVISED MEDICAL CRITERIA 

FOR EVALUATING IMMUNE (HIV) 

SYSTEM DISORDERS (3466P) 

Priority: 

Other Significant. Major status under 5 

USC 801 is undetermined. 

Unfunded Mandates: 

Undetermined 

Legal Authority: 

42 USC 402; 42 USC 405(a); 42 USC 

405(b); 42 USC 42 USC 405(d) to 42 

USC 405(h); 42 USC 416(i); 42 USC 

421(a); 42 USC 421(i); 42 USC 422(c); 

42 USC 423; 42 USC 425; 42 USC 

902(a)(5) 

CFR Citation: 

20 CFR 404.1500, app 1 

Legal Deadline: 

None 

Abstract: 

Sections 14.00 and 114.00, Immune 

System, of appendix 1 to subpart P of 

part 404 of our regulations describe 

immune system disorders that are 

considered severe enough to prevent an 

individual from doing any gainful 

activity, or that cause marked and 

severe functional limitations for a child 

claiming supplemental Security Income 

payments under title XVI. We are 

proposing to revise the criteria in these 

sections to ensure that the medical 

evaluation criteria are up-to-date and 

consistent with the latest advances in 

medical knowledge and treatment. 

Statement of Need: 

This proposed regulation is necessary 

in order to update the HIV evaluation 


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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 64357 

listings to reflect advances in medical 

knowledge, treatment, and evaluation 

methods. It ensures that determinations 

of disability have a sound medical 

basis, that claimants receive equal 

treatment through the use of specific 

criteria, and that individuals who are 

disabled can be readily identified and 

awarded benefits if all other factors of 

entitlement or eligibility are met. 

Summary of Legal Basis: 

Administrative—not required by statute 

or court order. 

Alternatives: 

Undetermined at this time. 

Anticipated Cost and Benefits: 

Cost/Savings estimate - negligible. 

Risks: 

Undetermined at this time. 

Timetable: 

Action Date FR Cite 

ANPRM 03/18/08 73 FR 14409 

ANPRM Comment 

Period End 

05/19/08 

NPRM 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Government Levels Affected: 

Undetermined 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Cheryl A. Williams 

Acting Director 

Social Security Administration 

Office of Compassionate Allowances and 

Listings Improvements 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1020 

Helen Droddy 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1483 

RIN: 0960–AG71 

SSA 

168. REESTABLISHING UNIFORM 

NATIONAL DISABILITY 

ADJUDICATION PROVISIONS (3502P) 

Priority: 

Other Significant 

Legal Authority: 

42 USC 401(j); 42 USC 402; 42 USC 

404(f); 42 USC 405; 42 USC 405(a); 42 

USC 405(b); 42 USC 405(d)–(h); 42 USC 

405(j); 42 USC 405(s); 42 USC 405 note; 

42 USC 416(i); 42 USC 421; 42 USC 

421(a); 42 USC 421(i); 42 USC 421(m); 

42 USC 421 note; 42 USC 422(c); 42 

USC 423; 42 USC 423(i); 42 USC 423 

note; 42 USC 425; 42 USC 432; 42 USC 

902(a)(5); 42 USC 902 note; 42 USC 

1320b–1; 42 USC 1320b–13; 42 USC 

1381; 42 USC 1381a; 42 USC 1382; 42 

USC 1382c; 42 USC 1382h; 42 USC 

1382h note; 42 USC 1383; 42 USC 

1383(a); 42 USC 1383(c); 42 USC 

1383(d)(1); 42 USC 1383(p); 42 USC 

1383b 

CFR Citation: 

20 CFR 404.970; 20 CFR 404.976; 20 

CFR 404.1502; 20 CFR 404.1512; 20 

CFR 404.1513; 20 CFR 404.1519k; 20 

CFR 404.1519m; 20 CFR 404.1519s; 20 

CFR 404.1520a; 20 CFR 404.1526; 20 

CFR 404.1527; 20 CFR 404.1529; 20 

CFR 404.1546; 20 CFR 404.1601; 20 

CFR 404.1624; 20 CFR 405.1; 20 CFR 

405.5; 20 CFR 405.10; 20 CFR 405.20; 

20 CFR 405.240; 20 CFR 405.320; 20 

CFR 405.360; 20 CFR 405.371; 20 CFR 

405.372; 20 CFR 405.373; 20 CFR 

405.381; 20 CFR 405.382; 20 CFR 

405.383; 20 CFR 405.401; 20 CFR 

405.405; 20 CFR 405.410; 20 CFR 

405.415; 20 CFR 405.420; 20 CFR 

405.425; 20 CFR 405.427; 20 CFR 

405.430; 20 CFR 405.440; 20 CFR 

405.445; 20 CFR 405.450; 20 CFR 

405.501; 20 CFR 405.505; 20 CFR 

405.510; 20 CFR 405.515; 20 CFR 

405.701; 20 CFR 405.705; 20 CFR 

405.710; 20 CFR 405.715; 20 CFR 

405.720; 20 CFR 405.725; 20 CFR 

416.902; 20 CFR 416.912; 20 CFR 

416.913; 20 CFR 416.919k; 20 CFR 

416.919m; 20 CFR 416.919s; 20 CFR 

416.920a; 20 CFR 416.924; 20 CFR 

416.926; 20 CFR 416.926a; 20 CFR 

416.927; 20 CFR 416.929; 20 CFR 

416.946; 20 CFR 416.1001; 20 CFR 

416.1024; 20 CFR 416.1470; 20 CFR 

416.1476; 20 CFR 422.130; 20 CFR 

422.140; 20 CFR 422.201 

Legal Deadline: 

None 

Abstract: 

We propose to eliminate the remaining 

portions of part 405 of our regulations, 

which we now use for disability claims 

in our Boston region. This proposal 

reinstates in the Boston region the same 

rules that we use for disability 

adjudications in the rest of the country. 

These rules apply to all levels of our 

administrative review process, 

including the administrative law judge 

and Appeals Council levels. 

Statement of Need: 

To provide more consistent processing 

of appeals level claims for all regions. 

Summary of Legal Basis: 

Administrative - not required by statute 

or court order. 

Alternatives: 

Continue existing process. 

Anticipated Cost and Benefits: 

Cost estimates for fiscal year 2009 - 

2018: (in millions of dollars) OASDI - 

55, SSI - 7. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Dean Landis 

Associate Commissioner, Office of 

Regulations 

Social Security Administration 

Office of Regulations 

Office of Legislative and Regulatory 

Affairs 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–0520 

RIN: 0960–AG80 

SSA 

169. DISABILITY DETERMINATIONS 

BY STATE AGENCY DISABILITY 

EXAMINERS (3510P) 

Priority: 

Other Significant. Major status under 5 

USC 801 is undetermined. 

Legal Authority: 

42 USC 402; 42 USC 405(a); 42 USC 

405(b); 42 USC 405(d) to 405(h); 42 

USC 416(i); 42 USC 421; 42 USC 421 

note; 42 USC 421(a); 42 USC 421(i); 42 


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USC 421(m); 42 USC 422(c); 42 USC 

423; 42 USC 423 note; 42 USC 425; 

42 USC 902(a)(5); 42 USC 1382; 42 USC 

1382c; 42 USC 1382h; 42 USC 1382h 

note; 42 USC 1383; 42 USC 1383(a); 

42 USC 1383(c); 42 USC 1383(d)(1); 42 

USC 1383(p); 42 USC 1383b 

CFR Citation: 

20 CFR 404.1512; 20 CFR 404.1527; 20 

CFR 404.1529; 20 CFR 404.1546; 20 

CFR 404.1615; 20 CFR 404.1619; 20 

CFR 416.912; 20 CFR 416.927; 20 CFR 

416.929; 20 CFR 416.946; 20 CFR 

416.1015; 20 CFR 416.1019 

Legal Deadline: 

None 

Abstract: 

We propose to amend our rules to 

permit disability examiners in our State 

agencies to make fully favorable 

determinations without requiring the 

input of a medical or psychological 

consultant in certain claims for 

disability benefits under title II (Social 

Security Disability Insurance) and title 

XVI (Supplemental Security Income) of 

the Social Security Act. 

Statement of Need: 

This proposal would allow us to 

improve service to a vulnerable section 

of the public by processing very 

specific disability claims faster. 

Summary of Legal Basis: 

Administrative—not required by statute 

or court order. 

Alternatives: 

None. 

Anticipated Cost and Benefits: 

To be determined. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

Federal, State 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Nancy Schoenberg 

Social Insurance Specialist 

Social Security Administration 

Office of Disability Programs 

Office of Compassionate Allowances and 

Listings Improvements 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 966–9408 

Pamela Kultgen 

Assistant Regional Counsel 

Social Security Administration 

Office of the General Counsel 

601 E. 12th Street, Suite 965 

Kansas City, MO 64106 

Phone: 816 936–5078 

RIN: 0960–AG87 

SSA 

170. TEMPORARY AUTHORIZATION 

FOR FEDERAL DISABILITY 

EXAMINERS TO ADJUDICATE 

HEARING REQUESTS 

ON–THE–RECORD (3526P) 

Priority: 

Other Significant 

Legal Authority: 

42 USC 401(j); 42 USC 404(f); 42 USC 

405(a) and 405(b); 42 USC 405(d) to 

405(h); 42 USC 405(j); 42 USC 405 

note; 42 USC 421; 42 USC 421 note; 

42 USC 423(i); 42 USC 425; 42 USC 

902(a)(5); 42 USC 902 note; 42 USC 

1383; 42 USC 1383b 

CFR Citation: 

20 CFR 404.943; 20 CFR 416.1443 

Legal Deadline: 

None 

Abstract: 

We propose to modify, on a temporary 

basis, the prehearing procedures we 

follow in claims for Social Security 

disability benefits and SSI payments 

based on disability or blindness under 

titles II and XVI of the Social Security 

Act. This proposed rule would 

authorize Federal disability examiners 

to issue fully favorable decisions 

without review by an attorney advisor 

or administrative law judge (ALJ) and 

would expedite the processing of cases 

at the hearing level without infringing 

on the right to a hearing before an ALJ. 

This temporary modification would 

remain in effect for a period not to 

exceed 5 years, unless we terminate or 

extend it by publication of a final rule 

in the Federal Register. 

Statement of Need: 

The increased complexity and quantity 

of disability claims have reduced our 

ability to timely adjudicate disability 

appeals. This proposed rule would 

authorize Federal disability examiners 

to issue fully favorable decisions 

without review by an attorney advisor 

or ALJ and would expedite the 

processing of cases at the hearing level 

without infringing on the right to a 

hearing before an ALJ. 

Summary of Legal Basis: 

Discretionary. Not required by statute 

or court order. 

Alternatives: 

None. 

Anticipated Cost and Benefits: 

Not yet determined. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Robin Sabatino 

Division Director 

Social Security Administration 

Office of Quality Performance 

Office of Quality Improvement 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–9885 

Helen Droddy 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1483 

RIN: 0960–AG97 


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SSA 

171. ∑ ATTORNEY ADVISORY 

PROGRAM PERMANENT RULE 

(3578P) 

Priority: 

Other Significant. Major status under 5 

USC 801 is undetermined. 

Legal Authority: 

42 USC 401(j); 42 USC 404(f); 42 USC 

405(a); 42 USC 405(b); 42 USC 405(d) 

to 405(h); 42 USC 405(j); 42 USC 405 

note; 42 USC 421; 42 USC 421 note; 

42 USC 423(i); 42 USC 425; 42 USC 

902(a)(5); 42 USC 902 note; 42 USC 

1383; 42 USC 1383b 

CFR Citation: 

20 CFR 404.942; 20 CFR 416.1442 

Legal Deadline: 

None 

Abstract: 

On July 13, 2009, we published a final 

rule extending for two more years the 

authorization for attorney advisors to 

conduct certain prehearing procedures 

and to issue fully favorable decisions. 

The current rule is scheduled to expire 

on August 10, 2011. We are proposing 

to make this authorization permanent 

and no longer subject to the sunset 

date. 

Statement of Need: 

The attorney advisor initiative has 

helped reduce the high number of 

pending cases at the hearing level by 

permitting certain attorney advisors to 

issue fully favorable ‘‘on the record’’ 

decisions in appropriate cases earlier in 

the hearing process without the need 

for a hearing before an Administrative 

Law Judge. Since this initiative’s 

inception in November 2007, attorney 

advisors have issued more than 54,000 

fully favorable decisions. The most 

recent Office of Quality Performance 

post effectuation review found a 96% 

accuracy rating for these decisions. 

We have reduced the number of cases 

awaiting a hearing for the last seven 

months. The attorney advisor initiative 

has contributed to this reduction by 

providing earlier decisions where the 

evidence supports making a fully 

favorable decision. The attorney advisor 

initiative is an important part of our 

effort to reduce the hearings backlog 

and prevent its recurrence. 

Summary of Legal Basis: 

Administrative—not required by statute 

or court order. 

Alternatives: 

The alternative to making the rule 

permanent is to let it continue to be 

renewed every two years before the 

sunset provision expires. We need this 

additional tool to continue to reduce 

our hearings backlog, which will be 

compounded by the recent economic 

downturn in the economy. 

Anticipated Cost and Benefits: 

Undetermined at this time. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Marilyn Hull 

Social Security Administration 

5107 Leesburg Pike 

Falls Church, VA 22041–3260 

Phone: 703 605–8500 

Brian Rudick 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–7102 

RIN: 0960–AH05 

SSA 

FINAL RULE STAGE 

172. REVISED MEDICAL CRITERIA 

FOR EVALUATING HEARING LOSS 

(2862F) 

Priority: 

Other Significant 

Legal Authority: 

42 USC 402; 42 USC 405(a); 42 USC 

405(b); 42 USC 405(d) to 42 USC 

405(h); 42 USC 416(i); 42 USC 421(a); 

42 USC 421(i); 42 USC 422(c); 42 USC 

423; 42 USC 425; 42 USC 902(a)(5) 

CFR Citation: 

20 CFR 404.1500, app 1 

Legal Deadline: 

None 

Abstract: 

Sections 2.00 and 102.00, Special 

Senses and Speech, of appendix 1 

subpart P of part 404 of our regulations 

describe hearing loss that is considered 

severe enough to prevent a person from 

doing any gainful activity, or that 

causes marked and severe functional 

limitations for a child claiming 

Supplemental Security Income (SSI) 

payments under title XVI. We are 

revising these sections to ensure that 

the medical evaluation criteria are upto-date and consistent with the latest 

advances in medical knowledge and 

treatment 

Statement of Need: 

These regulations are necessary to 

update the hearing loss listings to 

reflect advances in medical knowledge, 

treatment, and methods of evaluating 

hearing impairments. The changes 

ensure that determinations of disability 

have a sound medical basis, that 

claimants receive equal treatment 

through the use of specific criteria, and 

that people who are disabled can be 

readily identified and awarded benefits 

if all other factors of entitlement or 

eligibility are met. 

Summary of Legal Basis: 

Administrative—not required by statute 

or court order. 

Alternatives: 

We considered not revising the listings 

or making only minor technical 

changes and continuing to use our 

current criteria. However, we believe 

that these revisions are preferable 

because of the medical advances that 

have been made in treating and 

evaluating these types of impairments. 

The current listings are now over 15 

years old. Medical advances in 

disability evaluation and treatment and 

our program experience make clear that 

the current listings do not reflect stateof-the-art medical knowledge and 

technology. 

Anticipated Cost and Benefits: 

Cost estimates for fiscal years 2008 - 

2018: (in millions of dollars) OASDI - 

105, SSI - 10. 

Risks: 

None. 


erowe on DSK5CLS3C1PROD with RULES
64360 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 

Timetable: 

Action Date FR Cite 

ANPRM 04/13/05 70 FR 19353 

ANPRM Comment 

Period End 

06/13/05 

NPRM 08/13/08 73 FR 47103 

NPRM Comment 

Period End 

10/14/08 

Final Action 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Cheryl A. Williams 

Acting Director 

Social Security Administration 

Office of Compassionate Allowances and 

Listings Improvements 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1020 

Rosemarie Greenwald 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 966–7813 

RIN: 0960–AG20 

SSA 

173. REVISIONS TO RULES ON 

REPRESENTATION OF PARTIES 

(3396F) 

Priority: 

Other Significant 

Legal Authority: 

42 USC 405(a); 42 USC 406(a)(1); 42 

USC 810(a); 42 USC 902(a)(5); 42 USC 

1010; 42 USC 1383(d) 

CFR Citation: 

20 CFR 404.612; 20 CFR 404.901; 20 

CFR 404.903; 20 CFR 404.909; 20 CFR 

404.910; 20 CFR 404.933; 20 CFR 

404.934; 20 CFR 404.1700 to 404.1799; 

20 CFR 408.1101; 20 CFR 416.315; 20 

CFR 416.1401; 20 CFR 416.1403; 20 

CFR 416.1409; 20 CFR 416.1410; 20 

CFR 416.1433; 20 CFR 416.1434; 20 

CFR 416.1500 to 416.1599; 20 CFR 

422.203; 20 CFR 422.515 

Legal Deadline: 

None 

Abstract: 

We will revise our rules on 

representation of parties in parts 404, 

408, 416, and 422 to reflect changes 

in the way claimants obtain 

representation and in representatives’ 

business practices. These new rules 

will also improve our efficiency by 

increasing the use of electronic 

services. These rules will: 

— Recognize entities as representatives; 

— Mandate the use of Form SSA-1696 

during the appointment process; 

— Mandate the use of Form SSA-1696 

to waive a fee or to waive direct 

payment of a fee; 

— Require certain representatives to 

use our electronic services as they 

become available, including Internet 

Appeals; 

— Require certain representatives to 

keep paper copies of certain documents 

that we may require; 

— Require representatives and certain 

individuals to register with us and to 

provide attestations; 

— Add new affirmative duties and 

prohibited actions for representatives; 

— Add new definitions or revise 

existing definitions for: ‘‘disqualify,’’ 

‘‘electronic media,’’ ‘‘Federal agency,’’ 

‘‘Federal program,’’ ‘‘fee petition,’’ 

‘‘initial disability claim,’’ ‘‘person,’’ and 

‘‘representative’’; and 

— Change references in the 

representative sanctions rules to reflect 

a recent delegation of authority and 

recent agency reorganization. 

Statement of Need: 

These revisions will reflect changes in 

representatives’ business practices and 

improve our efficiency by enhancing 

use of the Internet. 

Summary of Legal Basis: 

Section 206 of the Social Security Act, 

as amended by the Omnibus Budget 

Reconciliation Act of 1990 (OBRA) and 

section 302 and 4303 of the Social 

Security Protection Act of 2004 (SSPA) 

Public Law 108-203. 

Alternatives: 

None. 

Anticipated Cost and Benefits: 

Negligible. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

NPRM 09/08/08 73 FR 51963 

NPRM Comment 

Period End 

11/07/08 

Final Action 02/00/10 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Joann Anderson 

Social Insurance Specialist 

Social Security Administration 

Office of Income Security Programs 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–6716 

Joshua B. Silverman 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 594–2128 

RIN: 0960–AG56 

SSA 

174. SETTING THE TIME AND PLACE 

FOR A HEARING BEFORE AN 

ADMINISTRATIVE LAW JUDGE 

(3481F) 

Priority: 

Economically Significant. Major under 

5 USC 801. 

Legal Authority: 

42 USC 401(j); 42 USC 404(f); 42 USC 

405(a); 42 USC 405(b); 42 USC 405(d) 

to 405(h); 42 USC 405(j); 42 USC 405 

note; 42 USC 421; 42 USC 421 note; 

42 USC 423(i); 42 USC 425; 42 USC 

902(a)(5); 42 USC 902 note; 42 USC 

1383; 42 USC 1383b 

CFR Citation: 

20 CFR 404.932; 20 CFR 404.936; 20 

CFR 404.938; 20 CFR 404.950; 20 CFR 

416.1432; 20 CFR 416.1436; 20 CFR 

416.1438; 20 CFR 416.1450(b) 

Legal Deadline: 

None 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 64361 

Abstract: 

We will amend our rules to clarify that 

the agency is responsible for setting the 

time and place for a hearing before an 

administrative law judge. This change 

will ensure greater flexibility in 

scheduling both in-person and videoteleconference hearings, increase 

efficiency in the hearing process, and 

reduce the number of pending hearings. 

The number of cases awaiting a hearing 

has reached historic proportions and 

greater efficiency is critical to 

addressing this problem. 

Statement of Need: 

We currently face a considerable 

challenge in processing a large backlog 

of requests for hearings at resource 

levels that have not kept pace with the 

rising level of receipts. This rulemaking 

will promote greater efficiency at the 

hearing level. 

Summary of Legal Basis: 

Administrative—not required by statute 

or court order. 

Alternatives: 

Undetermined at this time. 

Anticipated Cost and Benefits: 

Program benefit costs are estimated to 

increase for fiscal years 2008 - 2018 by 

$1.2 billion for OASDI and SSI. 

Risks: 

Undetermined at this time. 

Timetable: 

Action Date FR Cite 

NPRM 11/10/08 73 FR 66564 

NPRM Comment 

Period End 

01/09/09 

Final Action 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Brent Hillman 

Social Insurance Specialist 

Social Security Administration 

Office of Disability Adjudication and 

Review 

5107 Leesburg Pike 

Falls Church, VA 22041–3260 

Phone: 703 605–8280 

Pamela Kultgen 

Assistant Regional Counsel 

Social Security Administration 

Office of the General Counsel 

601 E. 12th Street, Suite 965 

Kansas City, MO 64106 

Phone: 816 936–5078 

RIN: 0960–AG61 

SSA 

175. ∑ AMENDMENTS TO 

REGULATIONS REGARDING MAJOR 

LIFE–CHANGING EVENTS AFFECTING 

INCOME–RELATED MONTHLY 

ADJUSTMENTS TO MEDICARE PART 

B PREMIUMS (3574F) 

Priority: 

Other Significant. Major status under 5 

USC 801 is undetermined. 

Legal Authority: 

42 USC 902(a)(5); 42 USC 1395r(i) 

CFR Citation: 

20 CFR 418.1205; 20 CFR 418.1210; 20 

CFR 418.1230; 20 CFR 418.1255; 20 

CFR 418.1265 

Legal Deadline: 

None 

Abstract: 

We are modifying our regulations in 

order to clarify and expand events 

considered life-changing events for the 

purposes of Medicare Part B incomerelated monthly adjustments as well as 

the types of evidence required to 

support claims of such events. 

Statement of Need: 

The past year has seen the closure or 

reorganization of several major 

employers in the United States. As a 

result, some companies are providing 

settlement payments to current and 

retired employees in lieu of periodic 

pension payments and/or extended 

health insurance coverage. These 

settlement payments unexpectedly 

increase a beneficiary’s income for a 

tax-reporting year, resulting in an 

income-related monthly adjustment 

amount (IRMAA) above the 

beneficiary’s ability to pay. This change 

will allow a beneficiary to claim a 

decrease in IRMAA by using a more 

representative tax year’s modified 

adjusted gross income. 

Summary of Legal Basis: 

Discretionary. Not required by statute 

or court order. 

Alternatives: 

None. 

Anticipated Cost and Benefits: 

Not yet determined. 

Risks: 

None. 

Timetable: 

Action Date FR Cite 

Final Action 01/00/10 

Regulatory Flexibility Analysis 

Required: 

Undetermined 

Government Levels Affected: 

Undetermined 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

Helen Droddy 

Social Insurance Specialist, Regulations 

Writer 

Social Security Administration 

Office of Regulations 

6401 Security Boulevard 

Baltimore, MD 21235–6401 

Phone: 410 965–1483 

RIN: 0960–AH06 

BILLING CODE 4191–02–S 


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