NPRM On Requesting Hearings May Be Coming

     The Social Security Administration has submitted a Notice of Proposed Rule Making (NPRM) to the Office of Management and Budget (OMB) concerning requesting hearings. The full text is not released at this point. Here’s the agency’s summary:

Current regulations allow a claimant to request a hearing before an administrative law judge (ALJ) by filing a written request (20 CFR 404.933(a) and 416.1433(a)). Claimants overwhelmingly use form HA-501 to request a hearing, but can also submit a letter or other written document (HALLEX I-2-0-40). We propose to revise our regulations to make form HA-501 (Request for Hearing by Administrative Law Judge) mandatory to request a hearing before an ALJ. We also propose to consolidate form HA-501 with form HA-55, Notice of Ways to Attend a Hearing, and form HA-56, Agreement to Appearing by Online Video form (HA-56). This proposal will reduce processing time for each case, improve customer service, and streamline our process for scheduling hearings.

     This is a long way from finalization. It takes months, sometimes many months, for OMB to consider the NPRM. If they approve it the agency can publish it in the Federal Register and the public can comment on it. The agency has to consider the comments and write up a final version to again submit to OMB for approval of the final rule. OMB can once again take many months to act. Only then can it be published in the Federal Register as a final rule. I’ll make a guess that the Trump Administration finishes this one as they’re leaving office. 

It Keeps Getting Worse

      Social Security has posted the Caseload Analysis Report for its hearing function for this month. Same old same old.  The number of ALJs continue to decline as backlogs continue to grow. More cases are pending for extreme lengths of time. And this is despite lots of overtime.

A Fine Mess

     Social Security’s Office of Hearings Operations is now officially just “Hearings” according to a new memo. “Hearings” is divided into five “hubs.” These names sound like they’re trying too hard to sound new and different. Anyway, here are the heads of these “hubs”:

• Hope Grunberg, currently a National Hearing Center Administrative Law Judge, is now the Head of Hearings Hub A.

• Tanya Garrian, currently the Regional Chief Administrative Law Judge (RCALJ) for Northeast, is now the Head of Hearings Hub B.

• Michael Rodriguez, currently the RCALJ for Southeast, is now the Head of Hearings Hub C.

• Scott Kidd, currently the RCALJ for Mid-West/West, is now the Head of Hearings Hub D.

• Ray Souza, currently the RCALJ for Southwest, is now the Head of Hearings Hub E, in addition to his role as Acting Chief Administrative Law Judge

     The assignment of hearing offices to the “hubs” completely scrambles geography and reason. Tucson and Queens are in the same hub. Charleston, SC and Sacramento are in another. Macon, GA and Honolulu are in another. And, dare I say it, why are ALJs in charge of Hubs? These are management positions and, on the whole, management is not what ALJs excel at. Who will handle questions about leave and such like? Who will handle it if a Hearing Office roof leaks? How will anyone have enough knowledge about local personnel to handle assigning new Hearing Office Chief ALJs? 

     Down the road other people will have to unscramble this mess.