81_FR_6194 81 FR 6170 - Returning Evidence at the Appeals Council Level

81 FR 6170 - Returning Evidence at the Appeals Council Level

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 81, Issue 24 (February 5, 2016)

Page Range6170-6171
FR Document2016-02267

This final rule adopts the notice of proposed rulemaking (NPRM) that we published in the Federal Register on October 21, 2015. This final rule revises our rules regarding returning evidence at the Appeals Council (AC) level. Under this final rule, the AC will no longer return additional evidence it receives when the AC determines the additional evidence does not relate to the period on or before the date of the administrative law judge (ALJ) decision.

Federal Register, Volume 81 Issue 24 (Friday, February 5, 2016) 
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Rules and Regulations]
[Pages 6170-6171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02267]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2013-0061]
RIN 0960-AH64


Returning Evidence at the Appeals Council Level

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: This final rule adopts the notice of proposed rulemaking 
(NPRM) that we published in the Federal Register on October 21, 2015. 
This final rule revises our rules regarding returning evidence at the 
Appeals Council (AC) level. Under this final rule, the AC will no 
longer return additional evidence it receives when the AC determines 
the additional evidence does not relate to the period on or before the 
date of the administrative law judge (ALJ) decision.

DATES: Effective Date: This final rule is effective February 5, 2016.

FOR FURTHER INFORMATION CONTACT: Maren Weight, Office of Appellate 
Operations, Social Security Administration, 5107 Leesburg Pike, Falls 
Church, VA 22041, 703-605-7100. For information on eligibility or 
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: This final rule adopts the NPRM that we 
published in the Federal Register on October 21, 2015.\1\
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    \1\ http://www.thefederalregister.org/fdsys/pkg/FR-2015-10-21/pdf/2015-26747.pdf
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Background

    In the NPRM, we provided a 30-day comment period, which ended on 
November 20, 2015. We received no comments. We explained our reasons 
for proposing the rule which we are now adopting as a final rule in the 
preamble to the NPRM (80 FR at 63718-63719), and we incorporate that 
discussion here.

Regulatory Procedures

Good Cause for Effective Date

    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). For the reasons 
discussed in the preamble to the NPRM, we are making a minor change to 
our current rules by discontinuing the practice of having the AC return 
additional evidence that it receives when the AC determines the 
additional evidence does not relate to the period on or before the date 
of the ALJ's decision. We now use many electronic services that make 
the practice of returning evidence unnecessary. For example, we now 
scan most of the medical evidence into the electronic claim(s) file or 
appointed representatives submit it through our Electronic Records 
Express system. This technology immediately uploads records into a 
claimant's electronic folder, making the records available for review 
in real time. As a result, it is neither administratively efficient nor 
cost effective for us to print out documents that have been submitted 
to us electronically by a claimant or appointed representative in order 
to return them to the claimant.
    The change we are making in this final rule will allow us to better 
utilize our limited administrative resources. For these reasons, we 
find that it is unnecessary and contrary to the public interest to 
delay the effective date of our final rule.

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 
applies to individuals only. Thus, a regulatory flexibility analysis is 
not required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act

    These Final 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; and 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 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 forth in the preamble, we amend 20 CFR chapter 
III, part 404 and part 416, as set forth below:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950- )

Subpart J--Determinations, Administrative Review Process, and 
Reopening of Determinations and Decisions

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)-

[[Page 6171]]

(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.  404.976, revise paragraph (b)(1) to read as follows:


Sec.  404.976  Procedures before Appeals Council on review.

* * * * *
    (b) * * * (1) The Appeals Council will consider all the evidence in 
the administrative law judge hearing record as well as any new and 
material evidence submitted to it that relates to the period on or 
before the date of the administrative law judge hearing decision. If 
you submit evidence that does not relate to the period on or before the 
date of the administrative law judge hearing decision, the Appeals 
Council will explain why it did not accept the additional evidence and 
will advise you of your right to file a new application. The notice 
will also advise you that if you file a new application within 6 months 
after the date of the Appeals Council's notice, your request for review 
will constitute a written statement indicating an intent to claim 
benefits in accordance with Sec.  404.630. If you file a new 
application within 6 months of the date of this notice, we will use the 
date of the request for review as the filing date for your application.
* * * * *

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND 
DISABLED

Subpart N--Determinations, Administrative Review Process, and 
Reopening of Determinations and Decisions

0
3. 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
4. In Sec.  416.1476, revise paragraph (b)(1) to read as follows:


Sec.  416.1476  Procedures before Appeals Council on review.

* * * * *
    (b) * * * (1) In reviewing decisions based on an application for 
benefits, the Appeals Council will consider the evidence in the 
administrative law judge hearing record as well as any new and material 
evidence submitted to it that relates to the period on or before the 
date of the administrative law judge hearing decision. If you submit 
evidence that does not relate to the period on or before the date of 
the administrative law judge hearing decision, the Appeals Council will 
explain why it did not accept the additional evidence and will advise 
you of your right to file a new application. The notice will also 
advise you that if you file a new application within 60 days after the 
date of the Appeals Council's notice, your request for review will 
constitute a written statement indicating an intent to claim benefits 
in accordance with Sec.  416.340. If you file a new application within 
60 days of the date of this notice, we will use the date of the request 
for review as the filing date for your application.
* * * * *
[FR Doc. 2016-02267 Filed 2-4-16; 8:45 am]
 BILLING CODE 4191-02-P

6170 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations Accordingly, 12 CFR part 339 is for benefits, call our national toll-free determined that this final rule does not corrected by making the following number, 1–800–772–1213 or TTY 1– meet the criteria for a significant amendments: 800–325–0778, or visit our Internet site, regulatory action under Executive Order Social Security Online, at http:// 12866 as supplemented by Executive PART 339—LOANS IN AREAS HAVING www.socialsecurity.gov. Order 13563. Thus, OMB did not review SPECIAL FLOOD HAZARDS the final rule. SUPPLEMENTARY INFORMATION: This final ■ 1. The authority citation for part 339 rule adopts the NPRM that we Regulatory Flexibility Act is added to read as follows: published in the Federal Register on We certify that this final rule will not October 21, 2015.1 Authority: 12 U.S.C. 1462a, 1463, 1464, have a significant economic impact on 1819 (Tenth), 5412(b)(2)(C) and 42 U.S.C. Background a substantial number of small entities 4012a, 4104a, 4104b, 4106, and 4128. because it applies to individuals only. In the NPRM, we provided a 30-day ■ 2. Revise the definition of ‘‘FDIC- comment period, which ended on Thus, a regulatory flexibility analysis is supervised institution’’ in § 339.2 to November 20, 2015. We received no not required under the Regulatory read as follows: comments. We explained our reasons Flexibility Act, as amended. for proposing the rule which we are Paperwork Reduction Act § 339.2 Definitions. now adopting as a final rule in the * * * * * These Final Rules do not create any preamble to the NPRM (80 FR at 63718– FDIC-supervised institution means new or affect any existing collections 63719), and we incorporate that any insured depository institution for and, therefore, do not require Office of discussion here. which the Federal Deposit Insurance Management and Budget approval Corporation is the appropriate Federal Regulatory Procedures under the Paperwork Reduction Act. banking agency pursuant to section 3(q) Good Cause for Effective Date (Catalog of Federal Domestic Assistance of the Federal Deposit Insurance Act, 12 Program Nos. 96.001, Social Security— U.S.C. 1813(q). We find good cause for dispensing Disability Insurance; 96.002, Social with the 30-day delay in the effective Security—Retirement Insurance; 96.004, * * * * * date of this final rule. 5 U.S.C. 553(d)(3). Social Security—Survivors Insurance; and Dated: February 2, 2016. For the reasons discussed in the 96.006, Supplemental Security Income) Federal Deposit Insurance Corporation. preamble to the NPRM, we are making Robert E. Feldman, a minor change to our current rules by List of Subjects Executive Secretary. discontinuing the practice of having the 20 CFR Part 404 [FR Doc. 2016–02236 Filed 2–4–16; 8:45 am] AC return additional evidence that it receives when the AC determines the Administrative practice and BILLING CODE 6714–01–P additional evidence does not relate to procedure; Blind; Disability benefits; the period on or before the date of the Old-Age, Survivors, and Disability ALJ’s decision. We now use many Insurance; Reporting and recordkeeping SOCIAL SECURITY ADMINISTRATION requirements; Social Security. electronic services that make the 20 CFR Parts 404 and 416 practice of returning evidence 20 CFR Part 416 unnecessary. For example, we now scan [Docket No. SSA–2013–0061] most of the medical evidence into the Administrative practice and electronic claim(s) file or appointed procedure; Aged, Blind, Disability RIN 0960–AH64 representatives submit it through our benefits, Public Assistance programs; Returning Evidence at the Appeals Electronic Records Express system. This Reporting and recordkeeping Council Level technology immediately uploads requirements; Supplemental Security records into a claimant’s electronic Income (SSI). AGENCY: Social Security Administration. folder, making the records available for Carolyn W. Colvin, ACTION: Final rule. review in real time. As a result, it is Acting Commissioner of Social Security. SUMMARY: This final rule adopts the neither administratively efficient nor For the reasons set forth in the notice of proposed rulemaking (NPRM) cost effective for us to print out preamble, we amend 20 CFR chapter III, that we published in the Federal documents that have been submitted to part 404 and part 416, as set forth Register on October 21, 2015. This final us electronically by a claimant or below: rule revises our rules regarding appointed representative in order to returning evidence at the Appeals return them to the claimant. PART 404—FEDERAL OLD-AGE, Council (AC) level. Under this final The change we are making in this SURVIVORS AND DISABILITY rule, the AC will no longer return final rule will allow us to better utilize INSURANCE (1950– ) additional evidence it receives when the our limited administrative resources. AC determines the additional evidence For these reasons, we find that it is Subpart J—Determinations, does not relate to the period on or before unnecessary and contrary to the public Administrative Review Process, and the date of the administrative law judge interest to delay the effective date of our Reopening of Determinations and (ALJ) decision. final rule. Decisions DATES: Effective Date: This final rule is Executive Order 12866 as ■ 1. The authority citation for subpart J effective February 5, 2016. Supplemented by Executive Order of part 404 continues to read as follows: Lhorne on DSK5TPTVN1PROD with RULES FOR FURTHER INFORMATION CONTACT: 13563 Authority: Secs. 201(j), 204(f), 205(a)–(b), Maren Weight, Office of Appellate We consulted with the Office of (d)–(h), and (j), 221, 223(i), 225, and 702(a)(5) Operations, Social Security Management and Budget (OMB) and of the Social Security Act (42 U.S.C. 401(j), Administration, 5107 Leesburg Pike, 404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i), Falls Church, VA 22041, 703–605–7100. 1 http://www.gpo.gov/fdsys/pkg/FR-2015-10-21/ 425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96 For information on eligibility or filing pdf/2015-26747.pdf Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)– VerDate Sep<11>2014 14:51 Feb 04, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\05FER1.SGM 05FER1

Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6171 (e), and 15, Pub. L. 98–460, 98 Stat. 1802 (42 Council will explain why it did not Diversion Control, Drug Enforcement U.S.C. 421 note); sec. 202, Pub. L. 108–203, accept the additional evidence and will Administration; Mailing Address: 8701 118 Stat. 509 (42 U.S.C. 902 note). advise you of your right to file a new Morrissette Drive, Springfield, Virginia ■ 2. In § 404.976, revise paragraph (b)(1) application. The notice will also advise 22152; Telephone: (202) 598–6812. to read as follows: you that if you file a new application SUPPLEMENTARY INFORMATION: within 60 days after the date of the § 404.976 Procedures before Appeals Appeals Council’s notice, your request Legal Authority Council on review. for review will constitute a written The Drug Enforcement * * * * * statement indicating an intent to claim Administration (DEA) implements and (b) * * * (1) The Appeals Council benefits in accordance with § 416.340. If enforces titles II and III of the will consider all the evidence in the you file a new application within 60 Comprehensive Drug Abuse Prevention administrative law judge hearing record days of the date of this notice, we will and Control Act of 1970, as amended. as well as any new and material use the date of the request for review as Titles II and III are referred to as the evidence submitted to it that relates to the filing date for your application. ‘‘Controlled Substances Act’’ and the the period on or before the date of the ‘‘Controlled Substances Import and * * * * * administrative law judge hearing [FR Doc. 2016–02267 Filed 2–4–16; 8:45 am] Export Act,’’ respectively, and are decision. If you submit evidence that collectively referred to as the BILLING CODE 4191–02–P does not relate to the period on or before ‘‘Controlled Substances Act’’ or the the date of the administrative law judge ‘‘CSA’’ for the purpose of this action. 21 hearing decision, the Appeals Council U.S.C. 801–971. The DEA publishes the will explain why it did not accept the DEPARTMENT OF JUSTICE implementing regulations for these additional evidence and will advise you Drug Enforcement Administration statutes in title 21 of the Code of Federal of your right to file a new application. Regulations (CFR), chapter II. The CSA The notice will also advise you that if 21 CFR Part 1308 and its implementing regulations are you file a new application within 6 designed to prevent, detect, and months after the date of the Appeals [Docket No. DEA–421F] eliminate the diversion of controlled Council’s notice, your request for review substances and listed chemicals into the will constitute a written statement Schedules of Controlled Substances: illicit market while ensuring an indicating an intent to claim benefits in Temporary Placement of the Synthetic adequate supply is available for the accordance with § 404.630. If you file a Cannabinoid MAB-CHMINACA Into legitimate medical, scientific, research, new application within 6 months of the Schedule I and industrial needs of the United date of this notice, we will use the date AGENCY: Drug Enforcement States. Controlled substances have the of the request for review as the filing Administration, Department of Justice. potential for abuse and dependence and date for your application. are controlled to protect the public ACTION: Final order. * * * * * health and safety. SUMMARY: The Administrator of the Drug Under the CSA, every controlled PART 416—SUPPLEMENTAL Enforcement Administration is issuing substance is classified into one of five SECURITY INCOME FOR THE AGED, this final order to temporarily schedule schedules based upon its potential for BLIND, AND DISABLED the synthetic cannabinoid N-(1-amino- abuse, its currently accepted medical 3,3-dimethyl-1-oxobutan-2-yl)-1- use in treatment in the United States, Subpart N—Determinations, (cyclohexylmethyl)-1H-indazole-3- and the degree of dependence the drug Administrative Review Process, and carboxamide (common names, MAB- or other substance may cause. 21 U.S.C. Reopening of Determinations and CHMINACA and ADB-CHMINACA), 812. The initial schedules of controlled Decisions and its optical, positional, and substances established by Congress are geometric isomers, salts, and salts of found at 21 U.S.C. 812(c), and the ■ 3. The authority citation for subpart N current list of all scheduled substances of part 416 continues to read as follows: isomers into schedule I pursuant to the temporary scheduling provisions of the is published at 21 CFR part 1308. Authority: Secs. 702(a)(5), 1631, and 1633 Section 201 of the CSA, 21 U.S.C. 811, Controlled Substances Act. This action of the Social Security Act (42 U.S.C. provides the Attorney General with the 902(a)(5), 1383, and 1383b); sec. 202, Pub. L. is based on a finding by the authority to temporarily place a 108–203, 118 Stat. 509 (42 U.S.C. 902 note). Administrator that the placement of this substance into schedule I of the CSA for synthetic cannabinoid into schedule I of ■ 4. In § 416.1476, revise paragraph two years without regard to the the Controlled Substances Act is (b)(1) to read as follows: requirements of 21 U.S.C. 811(b) if she necessary to avoid an imminent hazard finds that such action is necessary to to the public safety. As a result of this § 416.1476 Procedures before Appeals avoid an imminent hazard to the public Council on review. order, the regulatory controls and safety. 21 U.S.C. 811(h)(1). In addition, administrative, civil, and criminal * * * * * if proceedings to control a substance are (b) * * * (1) In reviewing decisions sanctions applicable to schedule I initiated under 21 U.S.C. 811(a)(1), the based on an application for benefits, the controlled substances will be imposed Attorney General may extend the Appeals Council will consider the on persons who handle (manufacture, temporary scheduling for up to one evidence in the administrative law distribute, reverse distribute, import, year. 21 U.S.C. 811(h)(2). judge hearing record as well as any new export, engage in research, conduct Where the necessary findings are and material evidence submitted to it instructional activities or chemical made, a substance may be temporarily Lhorne on DSK5TPTVN1PROD with RULES that relates to the period on or before analysis, or possess), or propose to scheduled if it is not listed in any other the date of the administrative law judge handle, MAB-CHMINACA. schedule under section 202 of the CSA, hearing decision. If you submit evidence DATES: This final order is effective 21 U.S.C. 812, or if there is no that does not relate to the period on or February 5, 2016. exemption or approval in effect for the before the date of the administrative law FOR FURTHER INFORMATION CONTACT: substance under section 505 of the judge hearing decision, the Appeals Barbara J. Boockholdt, Office of Federal Food, Drug, and Cosmetic Act VerDate Sep<11>2014 14:51 Feb 04, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\05FER1.SGM 05FER1


Document Created: 2016-02-05 00:17:05
Document Modified: 2016-02-05 00:17:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactMaren Weight, Office of Appellate Operations, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041, 703-605-7100. For information on eligibility or 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.
FR Citation81 FR 6170 
RIN Number0960-AH64
CFR Citation20 CFR 404
20 CFR 416
CFR AssociatedAdministrative Practice and Procedure; Blind; Disability Benefits; Old-Age; Survivors; Disability Insurance; Reporting and Recordkeeping Requirements; Social Security; Administrative Practice and Procedure; Aged; Blind; Disability Benefits and Public Assistance Programs; Reporting and Recordkeeping Requirements; Supplemental Security Income (ssi)
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