Administrative Review Process; Identification and Referral of Cases for Quality Review Under the Appeals Council's Authority To Review Cases on Its Own Motion

We propose to amend our regulations to include the rules under which a decision or order of dismissal that is issued after the filing of a request for a hearing by an administrative law judge (ALJ) will be referred to the Appeals Council for possible review under the Appeals Council's existing authority to review cases on its own motion. The proposed rules concern identification and referral procedures that we currently follow to ensure the accuracy of decisions at the ALJ-hearing step (hearing level) of the administrative review process, and new quality assurance procedures that we are proposing under the Plan for a New Disability Claim Process approved by the Commissioner of Social Security in September 1994 (59 FR 47887). The procedures set forth in the proposed rules apply to dispositions at the hearing level of the administrative review process that are made by ALJs, and also to dispositions at the hearing level that are not made by ALJs but are subject to review under the Appeals Council's own-motion authority. The latter type of dispositions currently consist of wholly favorable decisions issued by attorney advisors and adjudication officers.