Notice2022-25620
Agency Information Collection Activities: Proposed 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
November 23, 2022
Issuing agencies
Social Security Administration
Full Text
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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71734-71736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25620]
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SOCIAL SECURITY ADMINISTRATION
[Docket No: SSA-2022-0059]
Agency Information Collection Activities: Proposed 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
[[Page 71735]]
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-2022-0059].
(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#d69984f884b3a6b9a4a2a5f895bab3b7a4b7b8b5b396a5a5b7f8b1b9a0"><span class="__cf_email__" data-cfemail="8ac5d8a4d8effae5f8fef9a4c9e6efebf8ebe4e9efcaf9f9eba4ede5fc">[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-
2022-0059].
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
January 23, 2023. Individuals can obtain copies of the collection
instruments by writing to the above email address.
1. Incorporation by Reference of Oral Findings of Fact and
Rationale in Wholly Favorable Written Decisions (Bench Decision
Regulation)--20 CFR 404.953 and 416.1453--0960-0694. If a judge makes a
wholly favorable oral decision, including all the findings and
rationale for the decision for a claimant of Title II or Title XVI
payments, at an administrative appeals hearing, the judge sends a
Notice of Decision (Form HA-82), as the records from the oral hearing
preclude the need for a written decision. We call this the
incorporation-by-reference process. In addition, as part of the
information we include on the HA-82, if the involved parties want a
record of the oral decision, they may submit a written request for
these records. As explained to the respondent on the HA-82, SSA
collects identifying information under the aegis of sections 20 CFR
404.953 and 416.1453 of the Code of Federal Regulations to determine
how to send interested individuals written records of a favorable
incorporation-by-reference oral decision made at an administrative
review hearing. Since SSA did not create a form for the public to use
to request a written record of the decision, the involved parties send
SSA their contact information and reference the hearing for which they
would like a record to the hearings office indicated on the HA-82. SSA
employees collect this information only once. The respondents are
applicants for Disability Insurance Benefits and Supplemental Security
Income (SSI) payments based on disability, or their representatives as
applicable, who receive a fully favorable oral decision under the
regulations cited above, and who choose to request a copy of the
records for this decision.
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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HA-82............................................. 2,500 1 5 208 $11.70 * $2,434 **
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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. Request for Waiver of Special Veterans Benefits (SVB)
Overpayment Recovery or Change in Repayment Rate--20 CFR 408.900-
408.950--0960-0698. Title VIII of the Social Security Act (Act)
requires SSA to pay a monthly benefit to qualified World War II
veterans who reside outside the United States. When SSA notes an
overpayment in this SVB, we inform the beneficiary. As part of the
information we send, SSA explains how the beneficiary can request a
waiver of recovery of the overpayment or a change in the repayment
rate. SSA requests the respondent to submit Form SSA-2032-BK via mail
to ensure SSA obtains the information necessary to establish whether
the claimant meets the waiver of recovery provisions of the
overpayment, and to determine the repayment rate if we do not waive
repayment. Respondents are SVB beneficiaries who have overpayments on
their Title VIII record and wish to file a claim for waiver of recovery
or change in repayment rate.
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-2032-BK....................................... 34 1 120 68 $28.01 * $1,905 **
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* We based this figure 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>).
** 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.
3. Methods for Conducting Personal Conferences When Waiver of
Recovery of a Title II or Title XVI Overpayment Cannot Be Approved--20
CFR 404.506 & 416.557--0960-0769. SSA conducts personal conferences
when we cannot approve a waiver of recovery of a Title II or Title XVI
overpayment. The Act and our regulatory citations require SSA to give
overpaid Social Security beneficiaries and SSI recipients the right to
request a waiver of recovery and
[[Page 71736]]
automatically schedule a personal conference if we cannot approve their
request for waiver of overpayment. We conduct these conferences face-
to-face, via telephone, or through video teleconferences. Social
Security beneficiaries and SSI recipients or their representatives may
provide documents to demonstrate they are without fault in causing the
overpayment and do not have the ability to repay the debt. They may
submit these documents by completing Form SSA-632, Request for Waiver
of Overpayment Recovery (OMB No. 0960-0037); Form SSA-795, Statement of
Claimant or Other Person (OMB No. 0960-0045); or through a personal
statement submitted by mail, telephone, personal contact, or other
suitable method, such as fax or email. This information collection
satisfies the requirements for request for waiver of recovery of an
overpayment and allows individuals to pursue further levels of
administrative appeal via personal conference. Respondents are Social
Security Title II beneficiaries and Title XVI SSI recipients or their
representatives seeking reconsideration of an SSA waiver decision.
Type of Request: Revision of an OMB-approved information
collection.
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Average wait
Average Estimated Average time in field Total annual
Number of Frequency of burden per total annual theoretical office or for opportunity
Modality of completion respondents response response burden hourly cost teleservice cost
(minutes) (hours) amount centers (dollars) ***
(dollars) * (minutes) **
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Title II, Personal Conference, 404.506: 23,410 1 45 17,558 * $11.70 ** 21 *** $301,298
submittal of documents, additional
mitigating financial information, and
verifications for consideration at
personal conferences...................
Title XVI, Personal Conference, 416.557: 34,190 1 45 25,643 * $11.70 ** 21 *** $440,037
submittal of documents, additional
mitigating financial information, and
verifications at personal conferences..
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Totals.............................. 57,600 .............. .............. 43,201 .............. .............. *** 741,335
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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>).
** We based this figure by averaging the average FY 2022 wait times for field offices and teleservice centers, 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: November 18, 2022.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2022-25620 Filed 11-22-22; 8:45 am]
BILLING CODE 4191-02-P
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