Amendments to the Administrative Law Judge, Appeals Council, and Decision Review Board Appeals Levels

Docket ID: SSA-2007-0044
Agency: Social Security Administration (SSA)
We propose to include in parts 404 and 416 of our rules many of the hearing level procedures now in place for disability cases in the Boston region. This change will expand those rules nationwide and apply them to hearings on both disability and non-disability matters. We expect these rules will make the hearings process more efficient, which will help us to reduce the hearings backlog, which has reached historic proportions, thereby benefiting all individuals requesting a hearing. We also propose to amend our rules governing the final level of the administrative review process to make proceedings at that level more truly appellate in nature, to establish procedures for appeals to that level, and to change the name of the body that will hear such appeals from the “Appeals Council,” or the “Decision Review Board in the Boston region,” to the “Review Board.” Consistent with the change to a more truly appellate process, we suggest limiting the circumstances in which new evidence may be added to the record during the appellate process. We also propose circumscribing the time period covered in any subsequent administrative hearing on remand from the Review Board or a federal court to the time period covered by the first administrative law judge’s (ALJ) hearing decision on the claim. Lastly, we would like to receive comments on our requiring for-profit entities requesting a hearing or appealing to the Review Board on behalf of an individual to file the request electronically.
RIN: 0960-AH40
Impacts and Effects: None
CFR Citation: 20 CFR 404.929,20 CFR 404.936,20 CFR 404.938,20 CFR 404.950,20 CFR 405.315,20 CFR 416.1429,20 CFR 416.1436,20 CFR 416.1438,20 CFR 416.1450
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2013
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 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(s), 42 USC 405 note, 42 USC 421, 42 USC 421 note, 42 USC 423(a) to 423(b), 42 USC 423(i), 42 USC 425, 42 USC 902(a)(5), 42 USC 902 note, 42 USC 1381, 42 USC 1381a, 42 USC 1383, 42 USC 1383b
Legal Deadlines: None
Government Levels Affected: No
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: No
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: No
ActionDateFR Citation
NPRM10/29/200772 FR 61218
NPRM Comment Period End12/28/2007
Final Rule05/21/201378 FR 29624
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Short Title: ALJ-AC-DRB Changes
Category: Title II - Disability
Type: Rulemaking
Program: Title II--Federal Old-Age, Survivors, and Disability Insurance Benefits

Primary Documents

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Comment Period Closed
Dec 28, 2007 11:59 PM ET
Proposed Rule
Posted: 10/29/2007
ID: SSA-2007-0044-0001
Comments Not Accepted
Posted: 05/21/2013
ID: SSA-2007-0044-0562

Supporting Documents

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Comments Not Accepted
Supporting & Related Material
Posted: 07/28/2008
ID: SSA-2007-0044-0560
Comments Not Accepted
Supporting & Related Material
Posted: 03/12/2008
ID: SSA-2007-0044-0559
Comments Not Accepted
Supporting & Related Material
Posted: 03/03/2008
ID: SSA-2007-0044-0558


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Brent Hillman
Social Insurance Specialist
703 605-8280
Office of Disability Adjudication and Review, 5107 Leesburg Pike, Falls Church, VA 22041-3260
Falls Church, VA 22041-3260
Brian Rudick
Social Insurance Specialist, Regulations Writer
410 965-7102
Office of Regulations and Reports Clearance, 6401 Security Boulevard, Baltimore, MD 21235-6401
Baltimore, MD 21235-6401
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.