New Regulatory Proposal On Hearings

Below is a description of a regulatory proposal that the Social Security Administration has filed with the Office of Management and Budget (OMB). OMB approval is required before this may be published in the Federal Register as a Notice of Proposed Rule-Making (NPRM).

We propose to amend several regulations and provide new regulatory language to address inefficiencies in the hearings process. The amendments include provisions clarifying that claims denied by state Disability Determination Services and other adjudicators for “failure to cooperate” are technical denials rather than medical determinations, and providing flexibility in setting the time and place of hearings. We also intend to propose new regulatory provisions that will allow ALJs to dismiss a request for a hearing where a claimant has abandoned his or her claim and to specify regulatory standards that require ALJs to clearly articulate their rationale when issuing decisions on remanded claims.