[Federal Register Volume 73, Number 243 (Wednesday, December 17, 2008)]
[Proposed Rules]
[Pages 76573-76575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29951]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2007-0058]
RIN 0960-AG58


Use of Date of Written Statement as Filing Date

AGENCY: Social Security Administration.

ACTION: Notice of proposed rulemaking.

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SUMMARY: We propose to revise our rules for protective filing after we 
receive a written statement of intent to claim Social Security benefits 
under title II of the Social Security Act (the Act). Specifically, we 
propose to revise from 6 months to 60 days the time period during which 
you must file an application for benefits after the date of a notice we 
send explaining the need to file an application. We are proposing this 
revision to make the time period used in the title II program 
consistent with the time period used in other programs we administer 
under the Act. We believe that eliminating the difference between the 
time periods in the programs we administer would make it easier for the 
public to understand and follow our rules.

DATES: To be sure that your comments are considered, we must receive 
them by February 17, 2009.

ADDRESSES: You may submit comments by any one of four methods-Internet, 
facsimile, regular mail, or hand-delivery. Commenters should not submit 
the same comments multiple times or by more than one method. Regardless 
of which of the following methods you choose, please state that your 
comments refer to Docket No. SSA-2007-0058 to ensure that we can 
associate your comments with the correct regulation:
    1. Federal eRulemaking portal at http://www.regulations.gov. (This 
is the most expedient method for submitting your comments, and we 
strongly urge you to use it.) In the Comment or Submission section of 
the Web page, type ``SSA-2007-0058'', select ``Go,'' and then click 
``Send a Comment or Submission.'' The Federal eRulemaking portal issues 
you a tracking number when you submit a comment.
    2. Telefax to (410) 966-2830.
    3. Letter to the Commissioner of Social Security, P.O. Box 17703, 
Baltimore, Maryland 21235-7703.
    4. Deliver your comments to the Office of Regulations, Social 
Security Administration, 922 Altmeyer Building, 6401 Security 
Boulevard, Baltimore, Maryland 21235-6401, between 8 a.m. and 4:30 p.m. 
on regular business days.
    All comments are posted on the Federal eRulemaking portal, although 
they may not appear for several days after receipt of the comment. You 
may also inspect the comments on regular business days by making 
arrangements with the contact person shown in this preamble.
    Caution: All comments we receive from members of the public are 
available for public viewing in their entirety on the Federal 
eRulemaking portal at http://www.regulations.gov. Therefore, you should 
be careful to include in your comments only information that you wish 
to make publicly available on the Internet. We strongly urge you not to 
include any personal information, such as your Social Security number 
or medical information, in your comments.

FOR FURTHER INFORMATION CONTACT: Martin Sussman, Office of Regulations, 
Social Security Administration, 6401 Security Boulevard, Baltimore, MD 
21235-6401. Call (410) 965-1767 for further information about these 
proposed rules. For information on eligibility or filing for benefits, 
call our national toll-free number 1-800-772-1213 or TTY 1-800-325-
0778, or visit our Internet Web site, Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

Electronic Version

    The electronic file of this document is available on the date of 
publication in the Federal Register at http://www.gpoaccess.gov/fr/index.html.

What rules are we proposing to revise?

Time Period To File an Application after Submitting a Written Statement 
of Intent To Claim Benefits

    We propose to revise our regulations at Sec.  404.630(c), which 
explain when we will use the date of a written statement as your filing 
date for Social Security benefits under title II of the Act. We will 
use the date a written statement indicating your intent to claim 
benefits is filed with us as the date of your application for benefits 
if certain requirements are met. Under our current regulations, you 
must file the application for benefits within 6 months after the date 
of a notice we send advising you of the need to file an application. We 
propose to revise the time period to 60 days after the date of such 
notice.

Why are we proposing to change our rules?

    As stated above, our current protective filing rules under title II 
allow us to protect your intent to file for a 6-month period Our 
current rules also allow for protective filing in the supplemental 
security income program under title XVI of the Act and the special 
veterans benefits program under title VIII of the Act. However, the 
time period in which an application must be filed in those programs is 
60 days after the date of the notice we send advising you of the need 
to file an application.
    Our program experience has shown that the public may be confused by 
the difference in time periods for protective filing in the programs we 
administer, and this confusion may cause them to lose benefits. This is 
especially true when claimants indicate they intend to file concurrent 
applications for more than one program, usually under titles II and XVI 
of the Act. The proposed

[[Page 76574]]

change to the time period in which to file an application for benefits 
under title II would simplify program policies by making the time 
period consistent across the programs we administer under the Act.
    The change we are proposing would also help streamline procedures 
for our field office employees who currently use separate protective 
filing procedures for claims under title II and title XVI. For 
instance, the proposed revision could reduce the need for separate 
notices for each program, providing instead for a single, combined 
notice. The time savings for field office employees would allow them to 
process additional claims, and thereby allow us to provide better 
public service. Ultimately, this change would benefit all applicants 
for Social Security benefits.
    By making the filing period 60 days for title II, we encourage 
applicants to pursue claims promptly, which can reduce overall case 
processing time and ultimately provide benefits in a shorter period of 
time.
    Moreover, expanded and updated methods of filing, including 
Internet applications, provide an opportunity to apply promptly, which 
we believe lessens the need for a 6-month protective filing period.

What programs would these proposed rules affect?

    These proposed rules would affect claims for Social Security 
benefits under title II of the Act. In addition, to the extent that 
Medicare entitlement is based on whether you qualify for benefits under 
title II, these proposed rules would also affect the Medicare program.

What is our authority to make rules and set procedures for determining 
whether a person qualifies for benefits under title II of the Act?

    Section 205(a) of the Act provides that:

    The Commissioner of Social Security shall have full power and 
authority to make rules and regulations and to establish procedures, 
not inconsistent with the provisions of this title, which are 
necessary or appropriate to carry out such provisions, and shall 
adopt reasonable and proper rules and regulations to regulate and 
provide for the nature and extent of the proofs and evidence and the 
method of taking and furnishing the same in order to establish the 
right to benefits hereunder.

When will we start to use these rules?

    We will not use these rules until we evaluate the public comments 
we receive on them, determine whether they should be issued as final 
rules, and issue final rules in the Federal Register. If we publish 
final rules, we will explain in the preamble how we will apply them. We 
will also summarize and respond to any public comments. Until the 
effective date of any final rules, we will continue to use our current 
rules.

Clarity of These Proposed Rules

    Executive Order 12866, as amended, requires each agency to write 
all rules in plain language. In addition to your substantive comments 
on these proposed rules, we invite your comments on how to make them 
easier to understand.
    For example:
     Have we organized the material to suit your needs?
     Are the requirements in the rules clearly stated?
     Do the rules contain technical language or jargon that is 
not clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rules easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rules easier to 
understand?

Regulatory Procedures

Executive Order 12866, as Amended

    We have consulted with the Office of Management and Budget (OMB) 
and determined that these proposed rules meet the requirements for a 
significant regulatory action under Executive Order 12866, as amended. 
Thus, they were subject to OMB review.

Regulatory Flexibility Act

    We certify that these proposed rules would not have a significant 
economic impact on a substantial number of small entities because they 
would affect only individuals. Thus, a regulatory flexibility analysis 
as provided in the Regulatory Flexibility Act, as amended, is not 
required.

Paperwork Reduction Act

    These proposed rules contain reporting requirements in section 
Sec.  404.630. These rules changes the protective filing period from 6 
months to 60 days for title II claims. We previously accounted for this 
public reporting burden in the Information Collection Requests for an 
existing form the public uses to submit the information to SSA. 
Consequently, we are inserting a 1-hour placeholder burden in this 
section.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Number of                        Average burden
         Regulation section             Description of public        respondents      Frequency of      per response         Estimated annual burden
                                        reporting requirement        (annually)         response          (minutes)
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Sec.   404.630.....................  When members of the public   ................  ................  ................  1 hour (placeholder burden).
                                      state their intent to
                                      claim title II Social
                                      Security benefits, SSA
                                      sends them a notice
                                      telling them they must
                                      file an application for
                                      these benefits. This
                                      regulation section changes
                                      the time period in which
                                      they are required to file
                                      the application from six
                                      months to 60 days..
                                    --------------------------------------------------------------------------------------------------------------------
    Total..........................  N/A........................  ................               N/A               N/A  1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    SSA is submitting an Information Collection Request for clearance 
of this regulation section to OMB. We are soliciting comments on the 
burden estimate; the need for the information; its practical utility; 
ways to enhance its quality, utility, and clarity; and ways to minimize 
the burden on respondents, including the use of automated techniques or 
other forms of information technology. If you would like to submit 
comments, please send them to the following locations:

Office of Management and Budget, Attn: Desk Officer for SSA, Fax 
Number: 202-395-6974, E-mail address: [email protected];

[[Page 76575]]

Social Security Administration, Attn: Reports Clearance Officer, 1333 
Annex, 6401 Security Blvd., Baltimore, MD 21235-0001, Fax Number: 410-
965-6400, E-mail: [email protected].
    You can submit comments for up to 60 days after the publication of 
this notice; however, your comments will be most useful if you send 
them to SSA within 30 days of publication. To receive a copy of the OMB 
clearance package, contact the SSA Reports Clearance Officer using any 
of the above contact methods. We prefer to receive comments by e-mail 
or fax.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security-Disability Insurance; 96.002, Social Security--Retirement 
Insurance; 96.004, Social Security--Survivors Insurance.)

List of Subjects in 20 CFR Part 404

    Administrative practice and procedure; Blind, Disability benefits; 
Old-Age, Survivors, and Disability Insurance; Reporting and 
recordkeeping requirements; Social Security.

    Dated: September 18, 2008.
Michael J. Astrue,
Commissioner of Social Security.
    For the reasons set out in the preamble, we propose to amend 
subpart G of part 404 of chapter III of title 20 of the Code of Federal 
Regulations as set forth below:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950- )

Subpart G--[Amended]

    1. The authority citation for subpart G continues to read as 
follows:

    Authority: Secs. 202 (i), (j), (o), (p), and (r), 205(a), 
216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act 
(42 U.S.C. 402 (i), (j), (o), (p), and (r), 405(a), 416(i)(2), 
423(b), 428(a), and 902(a)(5)).

    2. Amend Sec.  404.630(c) by revising the first sentence to read as 
follows:


Sec.  404.630  Use of date of written statement as filing date.

* * * * *
    (c) The claimant files an application with us on an application 
form as described in Sec.  404.611, or one is filed for the claimant by 
a person described in Sec.  404.612, within 60 days after the date of a 
notice we will send advising of the need to file an application. * * *
* * * * *
 [FR Doc. E8-29951 Filed 12-16-08; 8:45 am]
BILLING CODE 4191-02-P