[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.
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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..
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Total.......................... N/A........................ ................ N/A N/A 1
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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