[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Notices]
[Pages 50862-50864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18033]


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SOCIAL SECURITY ADMINISTRATION

[Docket No: SSA-2020-0039]


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 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, 
Fax: 202-395-6974, Email address: [email protected]
(SSA), Social Security Administration, OLCA, Attn: Reports Clearance 
Director, 3100 West High Rise, 6401 Security Blvd., Baltimore, MD 
21235, Fax: 410-966-2830, Email address: [email protected]

    Or you may submit your comments online through www.regulations.gov, 
referencing Docket ID Number [SSA-2020-0039].
    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 
October 19, 2020. Individuals can obtain copies of the collection 
instrument by writing to the above email address.
    Work Activity Report (Self-Employment)--20 CFR 404.1520(b), 20 CFR 
404.1571-404.1576, 20 CFR 404.1584-404.1593, and 20 CFR 416.971-
416.976--0960-0598. SSA uses Form SSA-820-BK to determine initial or 
continuing eligibility for: (1) Title II Social Security Disability 
Insurance benefits (SSDI); or (2) Title XVI Supplemental Security 
Income (SSI) payments. Under Titles II and XVI of the Social Security 
Act (Act), recipients receive disability benefits and SSI payments 
based on their inability to engage in substantial gainful activity 
(SGA) due to a physical or mental condition. Therefore, when the 
recipients resume work, they must report their work so SSA can evaluate 
and determine by law whether they continue to meet the disability 
requirements. SSA uses Form SSA-820-BK to obtain information on self-
employment activities of Social Security Title II and XVI disability 
applicants and recipients. We use the data we obtain to evaluate 
disability claims, and to help us determine if the claimant meets 
current disability provisions under Titles II and XVI. Since applicants 
for disability benefits or payments must prove an inability to perform 
any kind of SGA generally available in the national economy for which 
we expect them to qualify based

[[Page 50863]]

on age, education, and work experience, any work an applicant performed 
until, or subsequent to, the date the disability allegedly began, 
affects our disability determination. The respondents are applicants 
and claimants for SSI payments or SSDI benefits.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                           Average
                                                                     Average  burden  Estimated total    theoretical     Average  wait     Total annual
      Modality of completion          Number of       Frequency of    per  response    annual burden     hourly cost     time  in field    opportunity
                                     respondents        response        (minutes)         (hours)           amount           office      cost  (dollars)
                                                                                                         (dollars) *      (minutes) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-820-BK.......................         100,000                1               30           50,000         $10.73 *            24 **     $965,700 ***
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* We based this figure on average DI payments, as reported in SSA's disability insurance payment data (https://www.ssa.gov/legislation/2020Fact%20Sheet.pdf ).
** We based this figure on the average FY 2020 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.

    II. SSA submitted the information collection below to OMB for 
clearance. Your comments regarding this information collection would be 
most useful if OMB and SSA receive them 30 days from the date of this 
publication. To be sure we consider your comments, we must receive them 
no later than September 17, 2020. Individuals can obtain copies of the 
OMB clearance package by writing to [email protected].
    1. Statement Regarding Marriage--20 CFR 404.726--0960-0017. Section 
216(h)(1)(A) of the Act directs SSA to apply State law to determine an 
individual's marital relationship. Some state laws recognize marriages 
without a ceremony (i.e., common-law marriages). In such cases, SSA 
provides the same spouse or widow(er) benefits to the common-law 
spouses as it does to ceremonially married spouses. To determine 
common-law spouses, SSA must elicit information from blood relatives or 
other persons who are knowledgeable about the alleged common-law 
relationship. SSA uses Form SSA-753, Statement Regarding Marriage, to 
collect information from third parties to verify the applicant's 
statements about intent; cohabitation; and holding out to the public as 
married, which are the basic tenets of a common-law marriage. SSA uses 
the information to determine if a valid marital relationship exists, 
and if the common-law spouse is entitled to Social Security spouse, or 
widow(er) benefits. The respondents are third parties who can confirm 
or deny the alleged common-law marriage.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                           Average
                                                                     Average  burden  Estimated total    theoretical      Average wait     Total annual
      Modality of completion          Number of       Frequency of    per  response    annual burden     hourly cost     time in  field    opportunity
                                     respondents        response        (minutes)         (hours)           amount           office       cost (dollars)
                                                                                                         (dollars) *      (minutes) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-753..........................          40,000                1                9            6,000         $25.72 *            24 **     $565,840 ***
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* We based this figures on average U.S. citizen's hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes_stru.htm).
** We based this figure on the average FY 2020 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.

    2. Statement of Agricultural Employer (Year Prior to 1988; and 1988 
and later)--20 CFR 404.702, 404.709, 404.802, 404.1056--0960-0036. If 
agricultural workers believe their employers (1) did not report their 
wages, or (2) reported incorrect wage amounts, SSA will assist them in 
resolving this issue. Specifically, SSA will send Forms SSA-1002-F3 or 
SSA-1003-F3 to the agricultural employers to collect evidence of wages 
paid. The respondents are agricultural employers whose workers request 
wage verification or correction for their earnings records.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                              Average
                                                                              Average        Estimated      theoretical    Average wait    Total annual
         Modality of completion              Number of     Frequency of     burden per     total annual     hourly cost   time in  field    opportunity
                                            respondents      response        response     burden (hours)      amount          office      cost (dollars)
                                                                             (minutes)                      (dollars) *    (minutes) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-1002................................           7,500               1              30           3,750         * 12.52           ** 24     *** $84,510
SSA-1003................................          25,000               1              30          12,500         * 12.52           ** 24     *** 281,700
                                         ---------------------------------------------------------------------------------------------------------------
    Totals..............................          32,500  ..............  ..............          16,250  ..............  ..............     *** 366,210
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* We based this figures on average Agricultural Workers hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes_nat.htm).
** We based this figure on the average FY 2020 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 50864]]

    3. Questionnaire About Employment or Self-Employment Outside the 
United States--20 CFR 404.401(b)(1), 404.415, & 404.417--0960-0050. 
When a Social Security beneficiary or claimant reports work outside the 
United States (U.S.), SSA uses Form SSA-7163 to determine if foreign 
work deductions are applicable. Specifically, SSA uses Form SSA-7163 to 
determine: (1) Whether work performed by beneficiaries outside the U.S. 
is cause for deductions from their monthly benefits; (2) which of two 
work tests (foreign or regular test) is applicable; and (3) the number 
of months, if any, for SSA-imposed deductions. SSA determines whether 
the annual earnings test applies to all earnings from work covered by 
the Act, including earnings from covered work performed outside the 
U.S. However, because of the differences in foreign currency values, it 
is administratively impractical to apply this test to earnings from non 
covered work performed outside the U.S. and base it on U.S. dollars. 
Accordingly, the 45-hour work test provides for deductions from the 
benefits of employees under full retirement age who engage in non-
covered remunerative activity for more than 45 hours in a calendar 
month. SSA asks beneficiaries working outside the U.S. to complete this 
form annually or every other year (depending on the country of 
residence). Respondents are beneficiaries or claimants for Social 
Security benefits who are engaged in work outside the United States.
    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
                                                      respondents        response        (minutes)         (hours)           amount       cost (dollars)
                                                                                                                          (dollars) *           **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-7163..........................................          20,000                1               60           20,000         $10.73 *      $214,600 **
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* We based this figure on average DI payments, as reported in SSA's disability insurance payment data (https://www.ssa.gov/legislation/2020Fact%20Sheet.pdf).
** 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. State Mental Institution Policy Review Booklet--20 CFR 404.2035, 
404.2065, 416.635, & 416.665--0960-0110. SSA uses Form SSA-9584-BK: (1) 
To determine if the policies and practices of a state mental 
institution acting as a representative payee for SSA beneficiaries 
conform to SSA's regulations in the use of benefits; (2) to confirm 
institutions are performing other duties and responsibilities required 
of representative payees; and (3) as the basis for conducting onsite 
reviews of the institutions and preparing subsequent reports of 
findings. The respondents are state mental institutions serving as 
representative payees for Social Security beneficiaries and SSI 
recipients.
    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
                                                      respondents        response        (minutes)         (hours)           amount       cost (dollars)
                                                                                                                          (dollars) *           **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-9584..........................................              68                1               60               68         $15.00 *        $1,020 **
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* We based this figure on average Personal Care and Service Workers hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes390000.htm).
** 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 13, 2020.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2020-18033 Filed 8-17-20; 8:45 am]
BILLING CODE 4191-02-P