Notice2023-22655
Agency Information Collection Activities: Proposed Requests
Primary source
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Published
October 13, 2023
Issuing agencies
Social Security Administration
Full Text
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<title>Federal Register, Volume 88 Issue 197 (Friday, October 13, 2023)</title>
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[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 71067-71069]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22655]
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SOCIAL SECURITY ADMINISTRATION
[Docket No: SSA-2023-0040]
Agency Information Collection Activities: Proposed Requests
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 (Pub. L.)
104-13, the Paperwork Reduction Act of 1995, effective October 1, 1995.
This notice includes extensions and revisions of OMB-approved
information collections, new information collections, and an
information collection in use without an OMB number.
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,
Fax: 202-395-6974, Email address: <a href="/cdn-cgi/l/email-protection#26696f7467797553444b4f55554f494866494b440843495608414950"><span class="__cf_email__" data-cfemail="105f5942514f4365727d796363797f7e507f7d723e757f603e777f66">[email protected]</span></a>. Submit
your comments online referencing Docket ID Number [SSA-2023-0040].
(SSA) Social Security Administration, OLCA, Attn: Reports Clearance
Director, Mail Stop 3252 Altmeyer, 6401 Security Blvd., Baltimore, MD
21235, Fax: 410-966-2830, Email address: <a href="/cdn-cgi/l/email-protection#105f423e4275607f6264633e537c757162717e7375506363713e777f66"><span class="__cf_email__" data-cfemail="eba4b9c5b98e9b84999f98c5a8878e8a998a85888eab98988ac58c849d">[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-
2023-0040].
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
December 12, 2023. Individuals can obtain copies of the collection
instruments by writing to the above email address.
1. Appointed Representative Availability Portal for SSA Hearings--
20 CFR 404.929, 404.933, 404.1740, 416.1429, 416.1433, 416.1540,
418.1350, 422.203--0960-NEW. As part of the appeal process, claimants
can request a hearing with an Administrative Law Judge. As per sections
20 CFR 404.1740(b)(3)(iii) and 416.1540(b)(3)(iii) of the Code of
Federal Regulations (Code), representatives, when asked, have an
affirmative duty to provide potential availability for hearings. When
the SSA schedules hearings, it usually considers the availability of
appointed representatives. Historically, representatives provide their
hearing availability to schedulers via telephone or email, using a
process for gathering and considering representative availability that
is not standardized and varies greatly amongst the regional centralized
scheduling units (RCSUs).
In the Spring of 2023, SSA launched a new web-based portal called
the Enhanced Representative Availability Process (ERAP) to provide
representatives with a uniform, standardized, and streamlined
representative availability collection process. The new web-based
Representative Availability Portal (Portal) marks the next step in
modernizing SSA's scheduling practices for hearings. We expect use of
the Portal will result in receiving consistent structured data from
appointed representatives, which will allow for a more streamlined and
effective hearing scheduling process. The Portal also meets a
longstanding customer-experience request by the representative
community, one of SSA's key stakeholders in the process.
This collection asks respondents to submit their availability for
hearings through the Portal on a rolling, monthly basis. The respondent
can be the representative or a delegated official from the appointed
representative's firm or Designated Scheduling Group (DSG). The
respondents will request availability five months in advance of the
hearing. Respondents who chose not to use the Portal will continue to
be able to submit their availability via email. Once a submission
period closes, SSA will schedule the hearings. SSA will schedule
hearings even if a respondent has not submitted the representative's
availability.
SSA plans to roll the Portal out to all appointed representatives
registered with the Registration, Appointment, and Services for
Representatives (RASR) application who regularly conduct business with
SSA through RASR. Respondents will need to have a mySocial Security
account to use the Portal and be registered into the Portal by SSA
systems. Respondents who wish to use the Portal, but who are not
registered with RASR, or who do not have a Representative ID, must
provide SSA systems with the necessary data, including name and SSN, to
complete the Portal registration process. Portal response options will
include DSG group, hearing region, availability during the period of
submission, and respondent-preferred case maximums, and will allow SSA
to obtain the information we require to schedule hearings for
attendees.
Respondents are authorized representatives and delegated officials
from appointed representative firms or DSG.
Type of Request: Request for a new information collection.
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Average
Average burden Estimated total theoretical Total annual
Modality of completion Number of Frequency of Number of per response annual burden hourly cost opportunity
respondents response responses (minutes) (hours) amount cost (dollars)
(dollars) * **
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ERAP Portal...................... 4,000 12 48,0000 20 16,000 * $29.76 ** $476,160
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* We based this figure on average U.S. worker's hourly wages; State and local government worker's salaries; and attorney representative payee wages as
reported by Bureau of Labor Statistics data (<a href="https://www.bls.gov/oes/current/oes_stru.htm">https://www.bls.gov/oes/current/oes_stru.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.
2. Medicaid Use Report--20 CFR 416.268--0960-0267. Section 1619(b)
of the Social Security Act (Act) and 20 CFR 416.268 of the Code require
SSA to determine eligibility for: (1) special Supplemental Security
Income (SSI)
[[Page 71068]]
payments and (2) special SSI eligibility status for a person who works
despite a disabling condition. Section 20 CFR 416.268 of the Code also
provides that to qualify for special SSI eligibility status, an
individual must establish that termination of eligibility for benefits
under Title XIX of the Act would seriously inhibit their ability to
continue employment. The collected information is used to determine if
an individual is entitled to special Title XVI SSI payments and,
consequently, to Medicaid or Medi-Cal.
In most cases, if an SSI beneficiary is blind or disabled,
regardless of age, and they have Medicaid before beginning to work
again, they can retain their Medicaid benefits while continuing to work
as long as their disabling condition still exists. During a personal or
telephone Redetermination interview with the SSI recipient, an SSA
employee asks the following questions:
<bullet> Have you used any medical care or services in the past 12
months that were paid for by Medicaid (or Medi-Cal, etc.)?
<bullet> Do you expect to receive any medical care or services in
the next 12 months that will be paid for by Medicaid (or Medi-Cal,
etc.)?
<bullet> Without Medicaid (Medi-Cal, etc.), would you be unable to
pay your medical bills if you become ill or injured in the next 12
months?
Generally, a response of ``yes'' to one of those three questions
will lead to SSA determining that an SSI recipient whose payments have
stopped based on earnings, is entitled to special SSI payments and,
consequently, to Medicaid benefits under section 1619 (b) of the Act.
The respondents are SSI recipients for whom SSA has stopped payments
based on earnings.
Type of Request: Extension of an OMB-approved information
collection.
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Average wait
Average time in field Total annual
Number of Frequency of Average burden Estimated total theoretical offices and opportunity
Modality of completion respondents response per response annual burden hourly cost teleservice cost (dollars)
(minutes) (hours) amount centers ***
(dollars) * (minutes) **
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20 CFR 416.268 SSI Claims System. 99,000 1 3 4,950 * $12.81 ** 21 *** $507,276
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* We based this figure on average SSI payments based on SSA's current FY 2023 data (<a href="https://www.ssa.gov/legislation/2023factsheet.pdf">https://www.ssa.gov/legislation/2023factsheet.pdf</a>).
** We based this figure on the average FY 2023 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. There is no actual charge to respondents to complete the application.
3. Appeal of Determination for Extra Help with Medicare
Prescription Drug Costs--0960-0695. Public Law 108-173, also known as
the Medicare Prescription Drug, Improvement and Modernization Act of
2003 (MMA), amended Title XVIII of the Act to establish a subsidy
program to help certain individuals with limited income and resources
pay for Medicare Part D prescription drug coverage. This subsidy
program is commonly referred to as Extra Help.
Individuals seeking Extra Help may apply via the SSA-1020 paper
form or i1020 online application (OMB No. 0960-0696). If SSA determines
that the claimant is not eligible for Extra Help, SSA will mail a
notice to the claimant indicating the claim is denied. Extra Help
denial notices include appeal rights and explain how to request an
appeal.
Individuals learn about the appeal process for Extra Help via
determination notices, 800# representatives, as well as SSA and CMS
websites. Individuals voluntarily initiate the Extra Help appeal
process by printing the form from SSA's online website and sending the
completed form to SSA, contacting SSA's 800 Number to request an
appeal, or going into the field office to request the appeal. If the
individual chooses to call the 800# or go into the field office, an SSA
technician enters the individual's request into the MAPS system. The
request is then electronically sent to the Subsidy Determination Unit,
who then schedules an appointment for the appeal and sends an
appointment notice to the individual. Individuals who appeal SSA's
decision regarding eligibility or continuing eligibility for Medicare
Part D Extra Help must complete Form SSA-1021. The respondent may mail
the completed form to either the local field office or to the Wilkes-
Barre Direct Operations Center. The respondent may also complete the
form with assistance from an SSA technician via an in-person interview
at the Field Office or over the telephone. All claims are entered into
Medicare Application Processing System (MAPS), which automatically
adjudicates claims based on the data input by SSA technicians.
Respondents are Medicare beneficiaries, or proper applicants acting on
behalf of a Medicare beneficiary, who do not agree with the outcome of
an SSA Extra Help eligibility determination and want to file an appeal.
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
respondents response (minutes) burden (hours) amount office cost (dollars)
(dollars) * (minutes) ** ***
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SSA-1021--(Paper version)............... 1,859 1 10 310 * $29.76 .............. *** $9,226
SSA-1021--(Internet version: MAPS)...... 5,291 1 10 882 * 29.76 ** 24 *** 89,220
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Totals.............................. 7,150 .............. .............. 1,192 .............. .............. *** 98,446
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* We based this figure on average U.S. worker's hourly wages; State and local government worker's salaries; and attorney representative payee wages as
reported by Bureau of Labor Statistics data (<a href="https://www.bls.gov/oes/current/oes_stru.htm">https://www.bls.gov/oes/current/oes_stru.htm</a>).
** We based this figure on the average FY 2023 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.
[[Page 71069]]
Dated: October 10, 2023.
Naomi R. Sipple,
Reports Clearance Officer, Office of Regulations and Reports Clearance,
Social Security Administration.
[FR Doc. 2023-22655 Filed 10-12-23; 8:45 am]
BILLING CODE 4191-02-P
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