Administrative Review Process, Testing Elimination of the Fourth Step of Administrative Review in the Disability Claim Process (Request for Review by the Appeals Council)

We are amending our rules to establish authority to test elimination of the final step in the administrative review process used in determining claims for Social Security and Supplemental Security Income (SSI) benefits based on disability. Under the final rules, the right of appeal for a claimant who is included in the test procedures and who is dissatisfied with the decision of an administrative law judge (ALJ) will be to file a civil action in Federal district court, rather than to request the Appeals Council to review the decision. We are testing procedures that eliminate the request for Appeals Council review in furtherance of the Plan for a New Disability Claim Process that former Commissioner of Social Security Shirley S. Chater approved in September 1994. Unless specified, all other regulations relating to the disability determination process and the administrative review process remain unchanged.