Notice2022-17732
Agency Information Collection Activities: Proposed Request and Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 18, 2022
Issuing agencies
Social Security Administration
Full Text
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<title>Federal Register, Volume 87 Issue 159 (Thursday, August 18, 2022)</title>
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[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Notices]
[Pages 50909-50911]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17732]
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SOCIAL SECURITY ADMINISTRATION
[Docket No: SSA-2022-0042]
Agency Information Collection Activities: Proposed Request and
Comment Request
The Social Security Administration (SSA) publishes a list of
information collection packages requiring clearance by the Office of
Management and Budget (OMB) in compliance with Public Law 104-13, the
Paperwork Reduction Act of 1995, effective October 1, 1995. This notice
includes revisions of OMB-approved information collections.
SSA is soliciting comments on the accuracy of the agency's burden
estimate; the need for the information; its practical utility; ways to
enhance its quality, utility, and clarity; and ways to minimize burden
on respondents, including the use of automated collection techniques or
other forms of information technology. Mail, email, or fax your
comments and recommendations on the information collection(s) to the
OMB Desk Officer and SSA Reports Clearance Officer at the following
addresses or fax numbers.
(OMB) Office of Management and Budget, Attn: Desk Officer for SSA
Comments: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Submit your
comments online referencing Docket ID Number [SSA-2022-0042].
(SSA) Social Security Administration, OLCA, Attn: Reports Clearance
Director, 3100 West High Rise, 6401 Security Blvd., Baltimore, MD
21235, Fax: 410-966-2830, Email address: <a href="/cdn-cgi/l/email-protection#561904780433263924222578153a333724373835331625253778313920"><span class="__cf_email__" data-cfemail="cf809de19daabfa0bdbbbce18ca3aaaebdaea1acaa8fbcbcaee1a8a0b9">[email protected]</span></a>
Or you may submit your comments online through <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>, referencing Docket ID Number [SSA-
2022-0042].
I. The information collections below are pending at SSA. SSA will
submit them to OMB within 60 days from the date of this notice. To be
sure we consider your comments, we must receive them no later than
October 17, 2022. Individuals can obtain copies of the collection
instruments by writing to the above email address.
1. Waiver of Your Right to Personal Appearance before an
Administrative Law Judge--20 CFR 404.948(b)(1)(i), 404.956,
416.1448(b)(1)(i), and 416.1456--0960-0284. Applicants for Social
Security, Old Age, Survivors, and Disability Insurance (OASDI) benefits
and Supplemental Security Income (SSI) payments have the statutory
right to appear in person (or through a representative) and present
evidence about their claims at a hearing before a judge. Per SSA
regulations, if a claimant is dissatisfied with a determination or
decision listed in 20 CFR 404.930 or 416.1430, the claimant may request
a hearing before a judge, and has a right to appear at a hearing before
a judge. At a hearing, claimants have the right to present evidence;
have witnesses testify on their behalf; and present their case to the
judge. A hearing may provide the judge with additional information to
make a more informed decision. However, in some cases, claimants may
choose to waive their right to appear before a judge for various
reasons, including if they feel the evidence of record stands on its
own, or if they are unable to attend a hearing due to extenuating
circumstances. When a claimant chooses to waive the right to appear at
a hearing and allows the judge to decide the case based on the written
evidence of record alone, we ask the claimant to submit this request to
us in writing so we can document it in their record. While SSA will
accept a written request, we also allow claimants to use Form HA-4608
to serve as a written waiver for the claimant's right to a personal
appearance before a judge. The claimant may complete the paper version
of the HA-4608 and submit it back to SSA using the pre-paid envelope
SSA sends with it, or the claimant may choose to complete the HA-4608
through the submittable PDF on SSA's website. The judge uses the
information we collect on Form HA-4608 to continue processing the case
and makes the completed form a part of the documentary evidence of
record by placing it in the official record of the proceedings as an
exhibit. Respondents are applicants or claimants for OASDI and SSI, or
their representatives, who request to waive their right to appear
before a judge.
Type of Request: Revision of an approved-OMB information
collection.
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Average
Average burden Estimated total theoretical Total annual
Modality of completion Number of Frequency of per response annual burden hourly cost opportunity
respondents response (minutes) (hours) amount cost (dollars)
(dollars) * **
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HA-4608-PDF/paper version......................... 12,000 1 5 1,000 * $11.70 ** $11,700
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* We based this figure on the average DI payments based on SSA's current FY 2022 data (<a href="https://www.ssa.gov/legislation/2022factsheet.pdf">https://www.ssa.gov/legislation/2022factsheet.pdf</a>).
** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather,
these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
respondents to complete the application.
2. Letter to Custodian of Birth Records--20 CFR 404.704, and
422.103-422.110--0960-0693. When individuals need help in obtaining
evidence of their age in connection with Social Security number (SSN)
card applications and claims for benefits, SSA prepares the SSA-L706,
Letter to Custodian of Birth Records. SSA uses Form SSA-L706 to verify
the proof of age when an SSN applicant submits a birth record that is
deemed questionable in the Social
[[Page 50910]]
Security Number Application Process (SSNAP) system. In most of the
cases, we verify birth records (i.e., birth certificates) with the
custodian of the record or issuing entity before processing the SSN
card application via an online query such as the Electronic
Verification of Vital Events (EVVE) or SSA-approved online access to
State vital records. However, when the applicant submits alternative
evidence to request an original SSN card or to correct a date of birth
(DOB) that SSA cannot verify via an online query (i.e., the custodian/
issuing entity of the birth record is a hospital or health care
provider), we use the SSA-L706 to verify proof of age for enumeration
purposes. The SSNAP system pre-fills a PDF version of the SSA-L706
using information from the SSN application to ensure accuracy and save
time. SSA uses the letter to verify with the custodian or issuing
entity, when necessary, the authenticity of the record the SSN
applicant or claimant submitted. SSA mails the SSA-L706 to the
respondents to complete and mail or fax back the completed form back to
us. The respondents are SSN applicants who sign the request; State and
local bureaus or agencies of vital statistics, and religious entities
who submit the information regarding evidence of age for the SSN
applicant.
Type of Request: Revision of an OMB-approved information
collection.
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Average
Average burden Estimated theoretical Total annual
Modality of completion Number of Frequency of per response total annual hourly cost opportunity
respondents response (minutes) burden (hours) amount cost (dollars)
(dollars) * **
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SSA-L706--(SSNAP)....................................... 573 1 10 96 * $24.57 ** $2,359
SSA-L706--(Respondents Signature Only).................. 573 1 1 10 * 28.01 ** 280
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Totals.............................................. 1,146 .............. .............. 106 .............. ** 2,639
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* We based these figures on the average U.S. worker's hourly wages, as reported by Bureau of Labor Statistics data (<a href="https://www.bls.gov/oes/current/oes_nat.htm">https://www.bls.gov/oes/current/oes_nat.htm</a>), and by averaging both the average U.S. worker's hourly wage with the average Information and Record Clerks hourly wage, as reported by
Bureau of Labor Statistics data (<a href="https://www.bls.gov/oes/current/oes434199.htm">https://www.bls.gov/oes/current/oes434199.htm</a>).
** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather,
these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
respondents to complete the application.
II. SSA submitted the information collection below to OMB for
clearance. Your comments regarding this information collection would be
most useful if OMB and SSA receive them 30 days from the date of this
publication. To be sure we consider your comments, we must receive them
no later than September 19, 2022. Individuals can obtain copies of the
OMB clearance package by writing to <a href="/cdn-cgi/l/email-protection#86c9d4a8d4e3f6e9f4f2f5a8c5eae3e7f4e7e8e5e3c6f5f5e7a8e1e9f0"><span class="__cf_email__" data-cfemail="bcf3ee92eed9ccd3cec8cf92ffd0d9ddceddd2dfd9fccfcfdd92dbd3ca">[email protected]</span></a>.
Continuing Disability Review Report--20 CFR 404.1589 & 416.989--
0960-0072. Sections 221(i), 1614(a)(3)(H)(ii)(I) and 1633(c)(1) of the
Social Security Act (Act) require SSA to periodically review the cases
of individuals who receive benefits under Title II or Title XVI based
on disability to determine if their disability continues. SSA considers
adults eligible for disability payments if they continue to be unable
to do substantial gainful activity because of their impairments, and we
consider Title XVI children eligible for disability payment if they
have marked and severe functional limitations because of their
impairments. To assess claimants' ongoing disability payment
eligibility, SSA uses the information gathered through the Continuing
Disability Review Report to complete a mandatory review for the
continue disability review (CDR).
SSA also uses the Continuing Disability Review Report to obtain
information on sources of medical treatment; participation in
vocational rehabilitation programs (if any); attempts to work (if any);
and recipients' assessments when they believe their conditions
improved. Title II or Title XVI disability recipients can complete the
Continuing Disability Review Report using one of three modalities: (1)
a paper application or fillable PDF (using Form SSA 454 BK); (2) a
field office interview, during which SSA employees enter claimant's
data directly into the Electronic Disability Collection System (EDCS);
or (3) using an online system (i454). This new web-based modality will
provide recipients a new platform for submitting information to
increase accessibility and enhance automation. When SSA initiates a
medical CDR, we send a mailed notice to the individual with a
disability informing that individual that SSA requires a CDR. The
mailed notice provides instructions to the recipient on how to assist
the agency with initiating the CDR and gives the individual the option
to complete a paper SSA-454 or an i454 for adult only disabled
individuals. When an individual requires a CDR, a claims specialist
(CS) mails the paper Form SSA-454-BK, and the respondent completes the
form, and sends or brings it back to SSA; or the CS interviews the
respondent and enters the information into the appropriate EDCS
screens; or adult disabled individuals complete the SSA-454-BK
electronically using the i454 internet application. Regardless of the
modality the respondent uses to complete the information (paper, EDCS,
or internet versions), SSA electronically stores the information
provided in EDCS. The respondents complete the SSA-454-BK by themselves
with self-help information available, or a representative may complete
the paper form or electronic application on their behalf. The
respondents are Title II or Title XVI disability recipients or their
representatives.
Type of Request: Revision of an OMB-approved information
collection.
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Average
Average burden Estimated theoretical Average wait Total annual
Modality of completion Number of Frequency of per response total annual hourly cost time in field opportunity cost
respondents response (minutes) burden (hours) amount office (dollars) ****
(dollars) ** (minutes) ***
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SSA-454-BK (paper version)............ 189,350 1 * 480 1,514,800 ** $11.70 *** 24 **** $18,609,318
[[Page 50911]]
Electronic Disability Collect System 270,500 1 * 480 2,164,000 ** 11.70 *** 24 **** 26,584,740
(EDCS)...............................
i454 (Internet)....................... 81,150 1 * 480 649,200 ** 11.70 .............. **** 7,595,640
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Totals............................ 541,000 .............. .............. 4,328,000 .............. .............. **** 52,789,698
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* The estimated time of 480 minutes to complete Form SSA-454-BK is an average for the respondents, who are Title II or Title XVI disability recipients
or their representatives. Some of these respondents may take longer to complete the forms and submit the information, while others will complete the
forms faster, which is why we use average time estimates to calculate time burdens for these information collections. These estimates were originally
developed, and are still based on, our current management information data. In addition, we increased this estimate based on public comments.
** We based this figure on the average DI payments based on SSA's current FY 2022 data (<a href="https://www.ssa.gov/legislation/2022factsheet.pdf">https://www.ssa.gov/legislation/2022factsheet.pdf</a>).
*** We based this figure on the average FY 2022 wait times for field offices, based on SSA's current management information data.
**** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather,
these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
respondents to complete the application.
Dated: August 12, 2022.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2022-17732 Filed 8-17-22; 8:45 am]
BILLING CODE 4191-02-P
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