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GAO-08-455R 1 (2008-01-31)

handle is hein.gao/gaobadwsy0001 and id is 1 raw text is: 

   I
   GA0
T 1    Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-311018


          January 31, 2008

          The Honorable Max Baucus
          Chairman
          The Honorable Charles E. Grassley
          Ranking Minority Member
          Committee on Finance
          United States Senate

          The Honorable Charles B. Rangel
          Chairman
          The Honorable Jim McCrery
          Ranking Minority Member
          Committee on Ways and Means
          House of Representatives

          Subject: Social Security Administration: Suspension of New Claims to the Federal
                  Reviewing Official Review Level

          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 January 23, 2008. It was published in the
          Federal Register as a final rule on January 15, 2008. 73 Fed. Reg. 2411.

          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 March 15, 2008. The Congressional
          Review Act requires a 60-day delay in the effective date of a major rule from the date
          of publication in the Federal Register or receipt of the rule by Congress, whichever is
          later. 5 U.S.C. § 801(a)(3)(A). The rule was published in the Federal Register on
          January 15, 2008, but was not received by this office until January 23, 2008.
          Therefore, the final rule does not have the required 60-day delay in its effective date.


GAO-08-455R

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