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The administrative law judge shall make a complete record of the hearing proceedings. The record will be prepared as a typed copy of the proceedings if -
(a) The case is sent to the Appeals Council without a decision or with a recommended decision by the administrative law judge;
(b) You seek judicial review of your case by filing an action in a Federal district court within the stated time period, unless we request the court to remand the case; or
(c) An administrative law judge or the Appeals Council asks for a written record of the proceedings.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 3716 - Administrative offset
§ 3720A - Reduction of tax refund by amount of debt
§ 401 - Trust Funds
§ 402 - Old-age and survivors insurance benefit payments
§ 403 - Reduction of insurance benefits
§ 404 - Overpayments and underpayments
§ 405 - Evidence, procedure, and certification for payments
§ 405 note - Evidence, procedure, and certification for payments
§ 406 - Representation of claimants before Commissioner
§ 409 - “Wages” defined
§ 410 - Definitions relating to employment
§ 410a - Transferred
§ 411 - Definitions relating to self-employment
§ 412 - Self-employment income credited to calendar years
§ 413 - Quarter and quarter of coverage
§ 414 - Insured status for purposes of old-age and survivors insurance benefits
§ 415 - Computation of primary insurance amount
§ 416 - Additional definitions
§ 417 - Benefits for veterans
§ 418 - Voluntary agreements for coverage of State and local employees
§ 418 note - Voluntary agreements for coverage of State and local employees
§ 421 - Disability determinations
§ 421 note - Disability determinations
§ 422 - Rehabilitation services
§ 423 - Disability insurance benefit payments
§ 424a - Reduction of disability benefits
§ 425 - Additional rules relating to benefits based on disability
§ 428 - Benefits at age 72 for certain uninsured individuals
§ 429 - Benefits in case of members of uniformed services
§ 430 - Adjustment of contribution and benefit base
§ 431 - Benefits for certain individuals interned by United States during World War II
§ 433 - International agreements
§ 902 - Commissioner; Deputy Commissioner; other officers
§ 902 note - Commissioner; Deputy Commissioner; other officers
§ 909 - Delivery of benefit checks
§ 1801 - Approval of Covenant to Establish a Commonwealth of the Northern Mariana Islands
100 Stat. 1970
110 Stat. 2105
110 Stat. 2189
98 Stat. 1802
Title 20 published on 2015-04-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 404 after this date.
On September 14, 2015, we published in the Federal Register an advanced notice of proposed rulemaking (ANPRM) regarding Vocational Factors of Age, Education, and Work Experience in the Adult Disability Determination Process and solicited public comments. We provided a 60-day comment period ending on November 13, 2015. We are extending the comment period to December 14, 2015. Our extension of the comment date accommodates and facilitates public comments we expect in response to the National Disability Forum we are sponsoring on Friday, November 20, 2015. During the forum, we are hosting a moderator-led discussion entitled: The Realities of Work for Individuals with Disabilities: Impact of Age, Education, and Work Experience (for information on the forum see the SUPPLEMENTARY INFORMATION section).
We propose to amend our regulations by revising our rules regarding the return of evidence at the Appeals Council (AC) level. Our current rules state that the AC will return to the claimant additional evidence it receives when the AC finds the evidence does not relate to the period on or before the date of the administrative law judge's (ALJ) hearing decision. We are proposing these revisions to give the AC discretion in returning 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 decision.
We are extending the expiration date of our rule that authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our quick disability determination (QDD) and compassionate allowance (CAL) processes. The current rule will expire on November 13, 2015. In this final rule, we are changing the November 13, 2015 expiration or “sunset” date to November 11, 2016, extending the authority for 1 year. We are making no other substantive changes.
We are soliciting public input about how we should consider the vocational factors of age, education, and work experience in adult disability claims under titles II and XVI of the Social Security Act (Act). There have been significant changes in technology use and workforce demographics since we first adopted our vocational factor regulations in 1978. We are requesting public comments, along with any supporting data, to assist in our efforts to streamline, simplify, and ensure the ongoing relevance of our disability determination programs.
We published a document in the Federal Register revising our rules on April 13, 2015. That document inadvertently included incorrect values in table II of listing 105.08(B)(1)(c) of appendix 1 to subpart P of 20 CFR part 404. This document corrects the final regulation by revising this table.
We are extending for one year our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Extending of the pilot program continues our commitment to improve the efficiency of our hearing process and to maintain a hearing process that results in accurate, high-quality decisions for claimants. The current pilot program will expire on August 10, 2015. In this final rule, we are extending the effective date to August 12, 2016. We are making no other substantive changes.
This final rule adopts, with clarifying changes, the proposed rule we previously published in the Federal Register on August 3, 2007. This final rule revises our Government Pension Offset (GPO) regulations to reflect changes to the Social Security Act (“Act”) made by section 9007 of the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987) and section 418 of the Social Security Protection Act of 2004 (SSPA). These regulations explain how and when we will reduce the Social Security spouse's benefit for some people who receive Federal, State, or local government pensions if Social Security did not cover their government work.
We are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 7, 2015. In this final rule, we are extending the sunset date to August 4, 2017. We are making no other substantive changes.
We are revising the criteria in parts A and B of the Listing of Impairments (listings) that we use to evaluate claims involving cancer (malignant neoplastic diseases) under titles II and XVI of the Social Security Act (Act). These revisions reflect our adjudicative experience, advances in medical knowledge, recommendations from medical experts we consulted, and public comments we received in response to a Notice of Proposed Rulemaking (NPRM).
We are revising the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving hematological disorders in adults and children under titles II and XVI of the Social Security Act (Act). These revisions reflect our adjudicative experience, advances in medical knowledge, diagnosis, and treatment, and public comments we received in response to a Notice of Proposed Rulemaking (NPRM).
This rule adopts, with one change, the rule for evaluating growth disorders in children we proposed in a notice of proposed rulemaking (NPRM) published in the Federal Register on May 22, 2013. Several body systems in the Listing of Impairments (listings) contain listings for children based on impairment of linear growth or weight loss. We are replacing those listings with new listings for low birth weight (LBW) and failure to thrive; a new listing for genitourinary impairments; and revised listings for growth failure in combination with a respiratory, cardiovascular, digestive, or immune system disorder. These revisions reflect our program experience, advances in medical knowledge, and comments we received from medical experts and the public.