Addendum to Supporting Statement 0277

Addendum to the Supporting Statement for Form HA-520

Request for Review of Hearing Decision/Order

OMB No. 0960-0277

Background:

The regulations of the Social Security Administration (SSA) guarantee every party who is dissatisfied with the hearing decision, or with the dismissal of a hearing request, the right to request that the Appeals Council review that action. Parties use the Form HA-520, “Request for Review of Hearing Decision/Order,” to request the Appeals Council review that action.

On December 16, 2016, SSA published final regulations titled “Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process” (81 FR 90987). The agency must comply with these rules by May 1, 2017. The new regulations revise our rules so that more of our procedures at the hearing and Appeals Council levels of our administrative review process are consistent nationwide. We anticipate that these nationally consistent procedures will enable us to administer our disability programs more efficiently and better serve the public.

The new rules specify more limited circumstances under which the Appeals Council will grant a party’s request for review of an administrative law judge’s decision based on additional evidence submitted to the Appeals Council. This requires a change to the language in the HA-520, which explains when the Appeals Council will consider additional evidence.

SSA will implement the change to the HA-520 upon OMB approval.

Description of the Revision to the HA-520:

SSA made the following change to the HA-520:

Change #1: Under “Additional Evidence, we are changing, “You may also submit any other additional evidence to the Appeals Council which the Appeals Council will consider under our rules” to “You may also submit any other additional evidence to the Appeals Council. The Appeals Council will consider additional evidence subject to the conditions specified in our rules.” Also, we are removing “This will ensure that the Appeals Council has the opportunity to consider the additional evidence before taking its action.”

Justification #1: The new regulations specify more limited circumstances under which the Appeals Council will grant review of an administrative law judge’s decision based on additional evidence submitted to the Appeals Council. We are changing the “Additional Evidence” section of the HA-520 to reflect the new rules as to when we will consider additional evidence.