Notice2024-18492

Agency Information Collection Activities: Proposed Request

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Published
August 19, 2024

Issuing agencies

Social Security Administration

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<title>Federal Register, Volume 89 Issue 160 (Monday, August 19, 2024)</title>
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[Federal Register Volume 89, Number 160 (Monday, August 19, 2024)]
[Notices]
[Pages 67141-67144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18492]


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SOCIAL SECURITY ADMINISTRATION

[Docket No: SSA-2024-0029]


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 two new collections for OMB approval, as well as 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

(SSA) Social Security Administration, OLCA, Attn: Reports Clearance 
Director, Mail Stop 3253 Altmeyer, 6401 Security Blvd., Baltimore, MD 
21235

    Fax: 833-410-1631
    Email address: <a href="/cdn-cgi/l/email-protection#175845394572677865636439547b727665767974725764647639707861"><span class="__cf_email__" data-cfemail="1e514c304c7b6e716c6a6d305d727b7f6c7f707d7b5e6d6d7f30797168">[email&#160;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> by clicking on Currently under 
Review--Open for Public Comments and choosing to click on one of SSA's 
published items. Please reference Docket ID Number [SSA-2024-0029] in 
your submitted response.
    The information collection below is pending at SSA. SSA will submit 
it 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 18, 
2024. Individuals can obtain copies of the collection instruments by 
writing to the above email address.

1. New Applicant Survey (NAS)--0960-NEW

Background

    The Social Security Administration (SSA) provides income assistance 
to more than 13 million working-age adults and children with 
disabilities through the Social Security Disability Insurance (SSDI) 
and Supplemental Security Income (SSI) programs. To evaluate these 
respondents as they navigate SSA's application process, we are 
implementing the New Applicant Survey (NAS). The objective of the New 
Applicant Survey (NAS) is to provide SSA's Office of Research, 
Demonstration, and Employment Support (ORDES) with information about 
recent applicants' experience at different stages or touchpoints in the 
disability application process. SSA will use findings from the survey 
to inform testable policy interventions to improve the application 
experience for applicant.

NAS Description

    The primary goal of NAS is to help SSA improve our current 
application process through the use of feedback from the public who use 
it. The research questions and survey will allow SSA to evaluate 
current practices and improve upon them. Ultimately, we expect the 
purpose of this survey will help SSA to implement a better overall 
application experience for respondents, as they use SSA's systems.
    To provide information to SSA regarding applicants' experiences at 
the different touchpoints in the disability application process, SSA's 
evaluation will include the following analysis components:
    <bullet> Comparison of Characteristics: Comparing characteristics 
of non-respondents (or the total sample) to those of respondents using 
information available for both non-respondents and respondents.
    <bullet> Modeling: Modeling response propensity using multivariate 
analyses, including observation and analysis of several outcome 
variables.
    <bullet> Evaluation of Differences: Evaluating differences found in 
comparisons between unadjusted (i.e., base-) weighted estimates of 
selected sampling frame characteristics based on the survey respondents 
and the corresponding population (frame) parameter.
    <bullet> Comparison of Estimates: Comparing weighted survey 
estimates (e.g., selected error rates by type) using unadjusted (base) 
weights versus nonresponse-adjusted weights.
    We expect the NAS will help SSA answer the following research 
questions:
    <bullet> What are the pre- and post-application employment 
experiences of awarded and denied SSDI and SSI applicants?
    <bullet> What employment-, vocational-, medical-, or income-related 
services and supports did applicants use leading up to and since 
application?
    <bullet> What sources of information about SSDI or SSI did the 
applicant use or have access to?
    <bullet> What were the applicants' experiences with representation 
during the application or post-application periods?
    SSA will conduct this survey with 10,000 respondents nationally. 
SSA will provide a list of recent adult applicants who have applied for 
Social Security disability benefits to the contractor to use for sample 
selection. To ensure that sampled applicants have recent experiences 
with the application process, we will restrict the target population to 
those who have applied, appealed, or received a determination in the 
six months prior to sampling. The sample will include individuals to 
whom SSA awarded benefits (beneficiaries), those to whom SSA denied 
benefits, as well as applicants who remain at different stages of the 
application process.
    For this survey, we will use the following methods for recruitment:

<bullet> SSA Announcement
<bullet> Email to Appointed Representative from Appointed 
Representative Associations
<bullet> Email to Appointed Representative (Directly)
<bullet> First USPS Mailing to All Applicants, which will include a 
small cash incentive of $2, a letter, and an information sheet
<bullet> Second USPS Mailing to All Applicants
<bullet> Third USPS Mailing to Nonrespondents
<bullet> Fourth USPS Mailing to Nonrespondents
    <bullet> Fifth contact introducing the telephone modality.

    As part of recruitment, we will also conduct experiments regarding 
more cash incentives, invitations to complete the survey using multiple 
modalities (internet, paper, telephone), as well as an early-bird 
incentive.

The Survey Instrument

    The survey asks questions that focus on the applicant's experience 
with different aspects of the application process. We will use it to 
collect data

[[Page 67142]]

from 10,000 new applicants at different touchpoints in the application 
process to understand applicant experiences at each stage and obtain 
the information needed to address the research questions.
    To accommodate respondent preferences, we will create three 
modalities of the survey instrument: internet-based, automated-
telephone, and paper. The internet and telephone versions will have 
essentially the same design as these modalities use dynamic pathing, 
which facilitate the automatic skipping of questions based on the 
respondents' earlier responses. We will include instructions and 
formatting on the paper instrument which will also allow the 
respondents to skip questions based on previous responses; however, 
they will be able to see all of the questions (which is not the case on 
the internet and telephone versions).
    The survey questions will focus on the following applicant 
experiences:
    <bullet> Touchpoints in the application process completed and 
applicants' experience with the most recent touchpoints;
    <bullet> Use of appointed representatives;
    <bullet> Actions taken when applicants receive an unfavorable SSA 
decision;
    <bullet> Use of and experience with SSA services;
    <bullet> Recommendations for improvements to the application 
process;
    <bullet> Personal financial environment including use of assistance 
programs;
    <bullet> Personal support system; and
    <bullet> Demographic information
    SSA will use the information we collect from this survey to 
understand applicants' experiences at different stages in the 
application process, as well as the types of SSA services applicants 
accessed, and to evaluate changes to the application process that could 
potentially improve applicants' experience. We will encourage 
respondents to complete the survey via the internet modality, but will 
not restrict them, or penalize respondents who choose a different 
method (paper or telephone). We will require informed consent for all 
participants.
    Ultimately, we expect the purpose of this survey will help SSA to 
implement a better overall application experience for respondents, as 
they use SSA's systems.
    The respondents are current SSA beneficiaries who have undergone 
the application process; individuals to whom SSA denied benefits; 
applicants for Social Security services in various stages of the 
application process, and their representatives (as applicable).
    Type of Request: Request for a new 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 cost
                                                         respondents      response        (minutes)    burden (hours)      amount         (dollars) **
                                                                                                                         (dollars) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Internet Survey (including informed consent and                 5,000               1              35           2,917           $7.25            $21,148
 screener)...........................................
Paper Survey (including informed consent and                    3,500               1              35           2,280            7.25             16,530
 screener)...........................................
Telephone Survey (including informed consent and                1,500               1              40           1,000            7.25              7,250
 screener)...........................................
                                                      --------------------------------------------------------------------------------------------------
    Totals...........................................          10,000  ..............  ..............           6,197  ..............             44,928
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* We base this figure on the Federal minimum wage of $7.25, as survey participants will have recently applied for SSA disability benefits and will
  typically not have started receiving benefits yet (<a href="https://www.dol.gov/general/topic/wages/minimumwage">https://www.dol.gov/general/topic/wages/minimumwage</a>).
Note: Our contractor will schedule an appointment to call the recipient at their preferred date and time; therefore, the respondents will not incur an
  average wait time.
** 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. Statutory Benefit Continuation Election Statement--20 CFR 404.1597a, 
and 416.996--0960-NEW

    Sections 223(g) and 1631(a)(7) of the Social Security Act (Act) 
provide that, when a disability Title II beneficiary or Title XVI 
recipient requests an appeal of a Social Security Administration's 
(SSA) determination stating that their physical or mental impairment(s) 
ceased, never existed, or is no longer disabling during a continuing 
disability review (CDR), the individual has the right to request 
disability benefits continue during their appeal. This process, known 
as Statutory Benefit Continuation (SBC), follows regulations set forth 
in 20 CFR 404.1597a(f) and 416.996(c-d) of the Code of Federal 
Regulations (Code). Currently, when SSA determines an individual's 
disability ceased or is no longer disabling, SSA sends the individual a 
notice of benefit termination informing them within 10 days after 
receipt of the notice their disability benefits will end, and they must 
submit in writing, or use Form SSA-795, Statement of Claimant or Other 
Person (OMB No. 0960-0045), to complete a statement to elect or decline 
continuation of benefits. However, Form SSA-795 does not specifically 
address SBC elections, which often leads to incomplete submissions for 
those cases. For SBC cases, SSA's field office staff frequently need to 
follow-up with individuals to clarify their election or explain the 
available options. The SBC election is effective until SSA makes the 
determination or decision at the applicable appeal level. SSA requires 
the individual to make a separate election at each level of appeal, 
through the hearing level before an administrative law judge (ALJ). SBC 
is not available at the appeals council (AC) or federal court levels; 
however, if the AC remands a case back to the ALJ hearing level, and 
the individual did not previously elect SBC, SSA grants the individual 
another opportunity to make an SBC election at that time. If the 
individual elected SBC at a prior ALJ hearing level, the field office 
(FO) automatically reinstates SBC after the AC sends the case to the 
hearing office. The FO reinstates benefits retroactive to the first 
month of non-payment resulting from the now vacated prior ALJ decision. 
A claimant has two opportunities to elect SBC during the appeal 
process: (1) the claimant can request SBC when appealing at the 
reconsideration level and then again at the hearing level, and (2) the 
claimant can request SBC at the hearing level only.
    The following are eligible for SCB: SSI recipients whose benefits 
are based on disability or blindness; primary disability insurance 
beneficiaries; auxiliaries receiving benefits on the record of a 
primary disability beneficiary, disabled widow or widowers, disabled 
adult children; mothers or fathers receiving benefits based on having a 
disabled adult child in their care, and mothers or fathers receiving 
benefits based on having in their care a child under age 18 but over

[[Page 67143]]

age 15 who is disabled and receiving child's benefits.
    SSA is requesting OMB approval of Form SSA-792, Statutory Benefit 
Continuation Election Statement to standardize our collection of an 
individual's benefit continuation election choice. Form SSA-792 will 
allow the individual to elect from a variety of options available to 
them for continued disability benefits and Medicare coverage. The 
respondents are Title II and Title XVI disability beneficiaries and 
recipients and Title II auxiliaries.
    Type of Request: Request for a new information collection.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           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) **
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reconsideration Appeal Level: Form             60,038               1              40          40,025        * $22.39           ** 24     *** $1,433,856
 SSA-792.............................
Hearing Appeal Level: Form SSA-792...          17,107               1              40          11,405         * 22.39           ** 24        *** 408,573
                                      ------------------------------------------------------------------------------------------------------------------
    Totals...........................          77,145  ..............  ..............          51,430  ..............  ..............      *** 1,842,429
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* We based this figure on the average of both DI payments based on SSA's current FY 2024 data (<a href="https://mwww.ba.ssa.gov/legislation/2024FactSheet.pdf">https://mwww.ba.ssa.gov/legislation/2024FactSheet.pdf</a>),
  and 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>).
** We based this figure on averaging the average FY 2024 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.

3. Disability Report--Appeal--20 CFR 404.1512, 416.912, 404.916(c), 
416.1416(c), 422.140, 404.1713, 416.1513, 404.1740(b)(4), 
416.1540(b)(4), and 405 Subpart C--0960-0144

    SSA requires disability applicants who wish to appeal an 
unfavorable determination to complete Form SSA-3441-BK; the associated 
Electronic Disability Collect System (EDCS) interview; or the internet 
application, i3441. This allows claimants to disclose any changes to 
their disability, or resources, which might influence SSA's unfavorable 
determination. SSA may use the information to: (1) reconsider and 
review an initial disability determination; (2) review a continuing 
disability; and (3) evaluate a request for a hearing. This information 
assists the State Disability Determination Services (DDS) and ALJ in 
preparing for the appeals and hearings, and in issuing a determination 
or decision on an individual's entitlement (initial or continuing) to 
disability benefits. In addition, the information we collect on the 
SSA-3441-BK, or related modalities, facilitates SSA's collection of 
medical information to support the applicant's request for 
reconsideration; request for benefits cessation appeal; and request for 
a hearing before an ALJ. Respondents are individuals who appeal denial, 
reduction, or cessation of Social Security disability benefits and 
Supplemental Security Income (SSI) payments; individuals who wish to 
request a hearing before an ALJ; or their representatives.
    Type of Request: Revision of an OMB-approved information 
collection.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Average wait
                                                                                                           Average      time in field
                                          Number of     Frequency of   Average burden     Estimated      theoretical     office and       Total annual
        Modality of completion           respondents      response      per response    total annual     hourly cost     teleservice    opportunity cost
                                                                          (minutes)    burden (hours)      amount         wait time      (dollars) ***
                                                                                                         (dollars) *    (minutes) **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-3441-BK (Paper Form).............          22,556               1              45          16,917        * $22.40           ** 24       *** $581,034
Electronic Disability Collect System          208,831               1              45         156,623         * 13.30           ** 24      *** 3,194,062
 (EDCS)--Individuals.................
Electronic Disability Collect System           71,652               1              45          53,739         * 31.48           ** 19     *** 12,405,985
 (EDCS)--Representatives.............
i3441 (Internet Application)--                109,598               1              28          51,146         * 13.30  ..............        *** 680,242
 Individuals.........................
i3441 (Internet Application)--                656,424               1              28         306,331          *31.48  ..............      *** 9,643,300
 Representatives.....................
                                      ------------------------------------------------------------------------------------------------------------------
    Totals...........................       1,069,061  ..............  ..............         584,756  ..............  ..............     *** 26,504,623
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* We based these figures on average DI hourly wages for single students based on SSA's current FY 2024 data (<a href="https://mwww.ba.ssa.gov/legislation/2024FactSheet.pdf">https://mwww.ba.ssa.gov/legislation/2024FactSheet.pdf</a>) and average U.S. citizen's hourly salary, as reported by Bureau of Labor Statistics data (<a href="https://www.bls.gov/oes/current/oes231011.htm">https://www.bls.gov/oes/current/oes231011.htm</a>), as well as a combination of those two figures (for the paper form, as we do not collect data on whether the paper forms are filled out
  by individuals or representatives or both).
** We based this figure on the average FY 2024 wait times for field offices, and the average teleservice wait time 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.

4. Request for 800# Automated Telephone Services Knowledge-Based 
Authentication (RISA-KBA)--20 CFR 401.45--0960-0596

    The Request for 800# Automated Telephone Services Knowledge-Based 
Authentication is the knowledge-based authentication method SSA uses to 
allow individuals access to their personal information through our 
Automated Telephone Services. SSA's system asks requestors using the 
automated telephone services to provide additional identifying 
information unique to those individuals so SSA can authenticate their 
identities before releasing personal information. The system requests 
this unique identifying information to authenticate both individuals 
and third parties who use our automated telephone system to seek 
personal information from SSA records, or to make changes to SSA 
records. The respondents are current beneficiaries, or

[[Page 67144]]

third parties who use the automated telephone system to request 
personal information from SSA.
    Type of Request: Revision of an OMB-approved 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 cost
                                                   respondents        response        (minutes)         (hours)           amount         (dollars) **
                                                                                                                       (dollars) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Automated Telephone Requestors.................       1,716,315                1                4          114,421         * $31.48       ** $3,601,973
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based these figures on average U.S. citizen's hourly salary, as reported by Bureau of Labor Statistics data (<a href="https://www.bls.gov/oes/current/oes231011.htm">https://www.bls.gov/oes/current/oes231011.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.

5. Prohibition of Payment of SSI Benefits to Fugitive Felons and 
Parole/Probation Violators--20 CFR 416.708(o)--0960-0617

    Section 1611(e)(4) of the Act precludes eligibility for SSI 
payments for certain fugitives and probation or parole violators. Our 
regulation at 20 CFR 416.708(o) requires individuals applying for, or 
receiving SSI to report to SSA that: (1) they are fleeing to avoid 
prosecution for a crime; (2) they are fleeing to avoid custody or 
confinement after conviction of a crime; or (3) they are violating a 
condition of probation or parole. SSA uses the information we receive 
to determine eligibility on an initial claim for SSI payments or a 
redetermination of existing recipients. The collection is mandatory to 
ensure that an applicant or recipient does not have a warrant for one 
of the three fleeing codes. If the respondent has a warrant for one of 
the three fleeing codes, SSA uses this information to deny payments. 
The respondents are SSI applicants and recipients, or their 
representative payees, who are reporting their status as a fugitive 
felon or probation or parole violator.
    Type of Request: Revision of an OMB-approved information 
collection.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         Average
                                                                                    Average burden  Estimated total    theoretical       Total annual
             Modality of completion                 Number of       Frequency of     per response    annual burden     hourly cost     opportunity cost
                                                   respondents        response        (minutes)         (hours)           amount         (dollars) **
                                                                                                                       (dollars) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fugitive Felon and Parole or Probation                    1,000                1                1               17         * $31.48             ** $535
 Violation screens within the SSI Claims System
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on 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#00-0000">https://www.bls.gov/oes/current/oes_nat.htm#00-0000</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.

6. Testimony by Employees and the Production of Records and Information 
in Legal Proceedings--20 CFR 403.100-403.155--0960-0619

    Regulations at 20 CFR 403.100-403.155 of the Code establish SSA's 
policies and procedures for an individual; organization; or government 
entity to request official agency information, records, or testimony of 
an agency employee in a legal proceeding when the agency is not a 
party. The request, which respondents submit in writing to SSA, must: 
(1) fully set out the nature and relevance of the sought testimony; (2) 
explain why the information is not available by other means; (3) 
explain why it is in SSA's interest to provide the testimony; and (4) 
provide the date, time, and place for the testimony. Respondents are 
individuals or entities who request testimony from SSA employees in 
connection with a legal proceeding.
    Type of Request: Extension of an OMB-approved 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 cost
                                                   respondents        response        (minutes)         (hours)           amount         (dollars) **
                                                                                                                       (dollars) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
20 CFR 403.100-403.155.........................             100                1               60              100         * $31.48           ** $3,148
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on the average U.S. worker's mean hourly wages, as reported by Bureau of Labor Statistics data (<a href="https://www.bls.gov/oes/current/oes_nat.htm#00-0000">https://www.bls.gov/oes/current/oes_nat.htm#00-0000</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.


    Dated: August 14, 2024.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2024-18492 Filed 8-16-24; 8:45 am]
BILLING CODE 4191-02-P


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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.