[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Notices]
[Pages 48795-48797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23074]


=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION


Agency Information Collection Activities: Proposed Request and 
Comment 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 and extensions 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 the 
burden on respondents, including the use of automated collection 
techniques or other forms of information technology. Mail, e-mail, or 
fax your comments and recommendations on the information collection(s) 
to the OMB Desk Officer and the SSA Director for Reports Clearance to 
the addresses or fax numbers shown below.
    (OMB), Office of Management and Budget, Attn: Desk Officer for SSA, 
Fax: 202-395-6974, E-mail address: [email protected].
    (SSA), Social Security Administration, DCBFM, Attn: Director, 
Center for Reports Clearance, 1333 Annex Building, 6401 Security Blvd., 
Baltimore, MD 21235, Fax: 410-965-0454, E-mail address: 
[email protected].
    I. 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 
November 23, 2009. Individuals can obtain copies of the collection 
instrument by calling the SSA Director for Reports Clearance at 410-
965-0454 or by writing to the above e-mail address.
    1. Application for Widow's or Widower's Insurance Benefits--20 CFR 
404.335-404.338, 404.603--0960-0004. SSA uses the information on the 
SSA-10-BK to determine whether the applicant meets the statutory and 
regulatory conditions for entitlement to widow(er)'s Social Security 
Title II benefits. The respondents are applicants for widow's or 
widower's benefits.
    Type of Request: Revision of an OMB-approved information 
collection.
    Number of Respondents: 341,560.

----------------------------------------------------------------------------------------------------------------
                                                                                  Average burden
                        Collection method                            Number of     per response    Burden hours
                                                                    respondents      (minutes)
----------------------------------------------------------------------------------------------------------------
MCS.............................................................         162,241              15          40,560
MCS/Signature Proxy.............................................         162,241              14          37,856
Paper...........................................................          17,078              15           4,270
                                                                 -----------------------------------------------
    Totals:.....................................................         341,560  ..............          82,686
----------------------------------------------------------------------------------------------------------------

    Estimated Annual Burden: 82,686 hours.
    2. Substitution of Party upon Death of Claimant--20 CFR 
404.957(c)(4) and 416.1457(c)(4)--0960-0288. SSA collects information 
on Form HA-539

[[Page 48796]]

when a claimant for Social Security or Supplemental Security Income 
benefits dies while his or her request for a hearing is pending. The 
information SSA collects establishes a written record of the request of 
any individual who asks to be made a substitute party for a deceased 
claimant. It also facilitates a decision by SSA on whom, if anyone, 
should become a substitute party for the deceased. The Administrative 
Law Judge and the hearing office support staff use this information to: 
(1) Establish the relationship of the requester to the deceased 
claimant; (2) determine the substituted individual's wishes regarding 
an oral hearing or decision on the record; and (3) admit the data into 
the claimant's official record as an exhibit. The respondents are 
individuals requesting to be made a substitute party for a deceased 
claimant.
    Type of Request: Extension of an OMB-approved information 
collection.
    Number of Respondents: 4,000.
    Frequency of Response: 1.
    Average Burden Per Response: 5 minutes.
    Estimated Annual Burden: 333 hours.
    3. Non-Attorney Representative Demonstration Project Application--
20 CFR 404.1745-404.1799 and 20 CFR 416.1545-416.1599--0960-0699. 
Section 303 of the Social Security Protection Act of 2004 (SSPA) 
provides for a 5-year demonstration project under which SSA extends the 
direct payment of approved fees to certain non-attorney claimant 
representatives. Under the SSPA, to be eligible for direct payment of 
fees, a non-attorney representative must fulfill the following 
statutory requirements: (1) Possess a bachelors degree or have 
equivalent qualifications from training and work experience; (2) pass 
an examination that tests knowledge of the relevant provisions of the 
Social Security Act; (3) secure professional liability insurance or 
equivalent insurance; (4) pass a criminal background check; and (5) 
demonstrate completion of relevant continuing education courses. 
Through the services of a private contractor, SSA must collect the 
requested information to determine if a non-attorney representative has 
met the statutory requirements to be eligible for direct payment of 
fees for his or her claimant representation services. SSA needs this 
information to comply with the legislation. The respondents are non-
attorney representatives who apply for direct payment of fees.
    Type of Request: Revision of an OMB-approved information 
collection.
    Number of Respondents: 700.
    Frequency of Response: 1.
    Average Burden Per Response: 60 minutes.
    Estimated Annual Burden: 700 hours.
    4. Medicare Part B Income-Related Monthly Adjustment Amount 
Subsidies Regulations--20 CFR 418--0960-0741. The Medicare Prescription 
Drug, Improvement, and Modernization Act (MMA) of 2003 established the 
Medicare Part B program for voluntary prescription drug coverage of 
premium, deductible, and co-payment costs for certain low-income 
individuals. The income-related monthly adjustment amount represents 
the amount of decrease in the Medicare Part B premium subsidy; i.e., 
the amount of the Federal Government's contribution to the Federal 
Supplementary Medical Insurance Trust Fund. SSA uses these regulations 
to determine when a monthly adjustment amount to a beneficiary's 
standard monthly premium under Medicare Part B occurs. The respondents 
are applicants for the Medicare Part B income-related monthly 
adjustment amount. The regulations sections below contain public 
reporting requirements for which no OMB-approved forms exist.
    Type of Request: Extension of an OMB-approved information 
collection.

----------------------------------------------------------------------------------------------------------------
                                                                                  Average burden     Estimated
                     Section                         Number of     Frequency of    per response    annual burden
                                                    respondents      response        (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
Situation in which beneficiaries ask SSA to                9,820               1              30           4,910
 examine a different tax return than the one
 they originally used to make their
 determination: Sec.   418.1310(a)
Situations related to requests for new initial           160,000               1              30          80,000
 determinations based on beneficiary reports
 that a major life-changing event has
 significantly reduced their MAGI: Sec.
 418.1005(c) Sec.   418.1250 Sec.   418.1255
 Sec.   418.1265
Situations related to requests for additional              1,045               1              30             523
 new initial determinations and updates of MAGI
 that a beneficiary provided for a new initial
 determination: Sec.   418.1235 (c)-(d)Sec.
 418.1240 Sec.   418.1245
                                                 ---------------------------------------------------------------
    Total                                                170,865  ..............  ..............          85,433
----------------------------------------------------------------------------------------------------------------

    Estimated Annual Burden: 85,433.
    II. SSA has submitted the information collections we list below to 
OMB for clearance. Your comments on the information collections would 
be most useful if OMB and SSA receive them within 30 days from the date 
of this publication. To be sure we consider your comments, we must 
receive them no later than October 26, 2009. You can obtain a copy of 
the OMB clearance packages by calling the SSA Director for Reports 
Clearance at 410-965-0454 or by writing to the above e-mail address.
    1. Waiver of Right to Appear--Disability Hearing--20 CFR 404.913-
404.914, 404.916(b)(5), 416.1413-416.1414, 416.1416(b)(5)--0960-0534. 
SSA uses Form SSA-773-U4 for claimants, or their representatives, to 
officially waive their right to appear at a disability hearing. The 
disability hearing officer uses the signed form as a basis for not 
holding a hearing and for preparing a written decision on the claimants 
request for disability based solely on the evidence of record. The 
respondents are claimants, or their representatives, for disability 
under Titles II and XVI of the Social Security Act, who wish to waive 
their right to appear at a disability hearing.

    Note: This is a correction notice. SSA published this 
information collection as an extension on July 27, 2009 at 74 FR 
37081. Since we are revising the Privacy Act Statement, this is now 
a revision of an OMB-approved information collection.

    Type of Request: Revision of an OMB-approved information 
collection.
    Number of Respondents: 200.
    Frequency of Response: 1.
    Average Burden Per Response: 3 minutes.
    Estimated Annual Burden: 10 hours.
    2. Medical Consultant's Review of Physical Residual Functional 
Capacity Assessment--20 CFR 404.1545-.1546, 404.1640, 404.1643, 
404.1645, 416.945-.946--0960-0680. SSA uses Form SSA-392 to facilitate 
the medical/

[[Page 48797]]

psychological consultant's review of the Physical Residual Functional 
Capacity Form, SSA-4734. The SSA-392 records the reviewing medical/
psychological consultant's assessment of the SSA-4734. It also 
documents whether the reviewer agrees or disagrees with how the 
adjudicator completed the SSA-4734. Medical/psychological consultants 
prepare the SSA-392 for each SSA-4734 an adjudicator completes. The 
respondents are medical/psychological consultants who conduct a quality 
review of adjudicating components' completion of SSA's medical 
assessment forms.

    Note: This is a correction notice. SSA published this 
information collection as an extension on July 27, 2009 at 74 FR 
37081. Since we are revising the Privacy Act Statement, this is now 
a revision of an OMB-approved information collection.

    Type of Request: Revision of an OMB-approved information 
collection.
    Number of Respondents: 256.
    Frequency of Response: 359.
    Average Burden Per Response: 12 minutes.
    Estimated Annual Burden: 18,381 hours.
    3. Statement of Reclamation Action--31 CFR 210--0960-0734. SSA uses 
Form SSA-1713 to collect information to determine if a Canadian bank is 
able to return erroneous payments, and to determine how and when it can 
return the payments made after the death of a beneficiary who elected 
to have payments sent to Canada. Form SSA-1712 (or SSA-1712 CN) is the 
cover sheet SSA prepares to request return of a payment erroneously 
made after the death of the recipient. SSA sends Form SSA--1712 with 
Form SSA-1713. The respondents are Canadian financial institutions that 
received Social Security payments.

    Note:  This is a correction notice. SSA published this 
information collection as an extension on July 10, 2009 at 74 FR 
33313. Since we are revising the Privacy Act Statement, this is now 
a revision of an OMB-approved information collection.

    Type of Request: Revision of an OMB-approved information 
collection.
    Number of Respondents: 15.
    Frequency of Response: 1.
    Average Burden Per Response: 5 minutes.
    Estimated Annual Burden: 1 hour.

    Dated: September 18, 2009.
Elizabeth A. Davidson,
Director, Center for Reports Clearance, Social Security Administration.
[FR Doc. E9-23074 Filed 9-23-09; 8:45 am]
BILLING CODE 4191-02-P