2019-27019: Hearings Held by Administrative Appeals Judges of the Appeals Council

Summary

We propose to revise our rules to clarify when and how administrative appeals judges (AAJ) on our Appeals Council may hold hearings and issue decisions. The Appeals Council already has the authority to hold hearings and issue decisions under our existing statute and regulations, but we have not exercised this authority or explained the circumstances under which it would be appropriate for the Appeals Council to assume responsibility for holding a hearing and issuing a decision. The proposed clarifications will ensure the Appeals Council is not limited in the type of claims for which it may hold hearings. We expect that these proposed rules will increase our adjudicative capacity when needed, allowing us to adjust more quickly to fluctuating short-term workloads, such as when an influx of cases reaches the hearings level. Our ability to utilize our limited resources more effectively will help us quickly optimize our hearings capacity, which in turn will allow us to continue to issue accurate, timely, high-quality decisions.

The agency’s own summary, as published.

What this changes

Amends 6 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 20 CFR 402 Availability of Information and Records to the Public
• 20 CFR 404 Federal Old-Age, Survivors and Disability Insurance (1950- )
• 20 CFR 408 Special Benefits for Certain World War II Veterans
• 20 CFR 411 The Ticket to Work and Self-Sufficiency Program
• 20 CFR 416 Supplemental Security Income for the Aged, Blind, and Disabled
• 20 CFR 422 Organization and Procedures