Social Security Administration: Suspension of New Claims to the Federal Reviewing Official Review Level
GAO-08-455R: Jan 31, 2008
- Full Report:
GAO reviewed the Social Security Administration's (SSA) new rule on new claims to the Federal Reviewing Official review level. GAO found that (1) the final rule suspends the transfer of new disability claims to the Office of the Federal Reviewing Official (OFedRO), claims transferred to OFedRO before the effective date of the final rule will be processed by OFedRO and a related component, the Office of Medical and Vocational Expertise (OMVE), and SSA will evaluate the OFedRO and OMVE through processing the claims already received; and (2) with the exception of the delay in the rule's effective date, SSA complied with the applicable requirements in promulgating the rule.
Social Security Administration: Suspension of New Claims to the Federal Reviewing Official Review Level, GAO-08-455R, January 31, 2008
Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Social Security Administration (SSA), entitled Suspension of New Claims to the Federal Reviewing Official Review Level (RIN: 0960-AG53). We received the rule on
The final rule suspends the transfer of new disability claims to the Office of the Federal Reviewing Official (OFedRO). Claims transferred to OFedRO before the effective date of the final rule will be processed by OFedRO and a related component, the Office of Medical and Vocational Expertise (OMVE). SSA will evaluate OFedRO and OMVE through processing the claims already received. States where the OFedRO and OMVE are currently functioning will return to the reconsideration process they were following prior to the August 2006 rule that created OFedRO.
The final rule has an announced effective date of
If you have any questions about this report, please contact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236.
Robert J. Cramer
Associate General Counsel
REPORT UNDER 5 U.S.C. sect. 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
SOCIAL SECURITY ADMINISTRATION
"SUSPENSION OF NEW CLAIMS TO THE
FEDERAL REVIEWING OFFICIAL REVIEW LEVEL"
(i) Cost-benefit analysis
The Social Security Administration (SSA) performed a cost-benefit analysis of the final rule. SSA estimates that the rule will result in program savings of approximately $1 billion in Old-Age, Survivors, and Disability Insurance (OASDI) benefit payments and cost $100 million in Federal Supplemental Security Income (SSI) payments over the next 10 years.
(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. sections 603-605, 607, and 609
SSA certifies that the final rule will not have a significant economic impact on a substantial number of small entities.
(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532-1535
SSA determined in its notice of proposed rulemaking (72 Fed. Reg. 45,701) that this rule does not impose a federal mandate on state, local, or tribal governments.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
SSA published a notice of proposed rulemaking on
Paperwork Reduction Act, 44 U.S.C. sections 3501-3520
The final rule imposes no new reporting or recordkeeping requirements requiring Office of Management and Budget (OMB) clearance.
Statutory authorization for the rule
The final rule is authorized by multiple sections of the Social Security Act.
Executive Order No. 12,866
The final rule is economically significant under the Order and was reviewed by OMB.
Executive Order No. 13,132 (Federalism)
SSA stated in its notice of proposed rulemaking that this rule will not have substantial federalism implications.