[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17874-17877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06975]


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SOCIAL SECURITY ADMINISTRATION

[Docket No: SSA-2021-0007]


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 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

    Comments: https://www.reginfo.gov/public/do/PRAMain. Submit your 
comments online, referencing Docket ID Number [SSA-2021-0007].

(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 https://www.reginfo.gov/public/do/PRAMain, referencing Docket ID Number [SSA-
2021-0007].
    The information collections below are pending at SSA. SSA will 
submit them 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 June 
7, 2021. Individuals can obtain copies of the collection instruments by 
writing to the above email address.
    1. Application for Mother's or Father's Insurance Benefits--20 CFR 
404.339-

[[Page 17875]]

404.342, 20 CFR 404.601-404.603--0960-0003. Section 202(g) of the 
Social Security Act (Act) provides for the payment of monthly benefits 
to the widow or widower of an insured individual if the surviving 
spouse is caring for the deceased worker's child (who is entitled to 
Social Security benefits). The Social Security Administration (SSA) 
uses the information on Form SSA-5-BK to determine an individual's 
eligibility for mother's or father's insurance benefits. The 
respondents are individuals caring for a child of the deceased worker 
who is applying for mother's or father's insurance benefits under the 
Old Age, Survivors, and Disability Insurance program.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                             Estimated        Average      Average wait    Total annual
                                             Number of     Frequency of   Average burden   total annual     theoretical    time in field    opportunity
         Modality of completion             respondents      response      per response   burden (hours)    cost amount       office      cost (dollars)
                                                                             (minutes)     for responses    (dollars) *    (minutes) **         ***
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SSA-5-BK (Paper)........................              28               1              15               7        * $25.72  ..............        *** $180
SSA-5 (Personal Interview)..............          23,123               1              15           5,781        * $25.72           ** 24    *** $386,572
    Total...............................          23,151  ..............  ..............           5,788  ..............  ..............    *** $386,752
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* We based this figure on the average hourly wage for all occupations in May 2019 as reported by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/current/oes_nat.htm#00-0000).
** 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. Claim for Amounts Due in the Case of a Deceased Beneficiary--20 
CFR 404.503(b)--0960-0101. Section 204(d) of the Act provides that if 
an individual dies before payment under Title II is complete, or before 
a Medicare premium refund is due, SSA will pay the amount due 
(including the amount of any check not negotiated) to people who meet 
specified qualifications under an order of priority. When a Social 
Security payment, or Medicare premium, was due to a deceased 
beneficiary at the time of death, and there is insufficient information 
in the file to identify the people entitled to the payment, or their 
addresses, SSA asks the surviving spouse, next of kin, or legal 
representative of the estate to complete Form SSA-1724, Claim for 
Amounts Due in the Case of a Deceased Beneficiary. SSA collects the 
information when a surviving child(ren), parent(s), or spouse is not 
already entitled to a monthly benefit on the same earnings record, or 
is not filing for a lump-sum death payment as a former spouse. SSA uses 
the information Form SSA-1724 provides to ensure proper payment of an 
underpayment due to a deceased beneficiary. The respondents are 
applicants for Title II underpayments or Medicare premium refunds owed 
to deceased beneficiaries.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                              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
                                            respondents      response        (minutes)    burden (hours)      amount          office      cost (dollars)
                                                                                                            (dollars)*     (minutes) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-1724................................         250,000               1              10          41,667        * $25.72           ** 24  *** $3,643,675
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on the average hourly wage for all occupations in May 2019 as reported by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/current/oes_nat.htm#00-0000).
** 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.

    3. Claimant's Recent Medical Treatment--20 CFR 404.1512 and 
416.912--0960-0292. Claimants have a right to request a hearing before 
an administrative law judge (ALJ). For the hearing, SSA asks the 
claimant to complete and return the HA-4631 if the claimant's file does 
not reflect a current, complete medical history as the claimant 
proceeds through the appeals process. ALJs obtain the information to 
update and complete the record and to verify the accuracy of the 
information. Through this process, ALJs can ascertain whether the 
claimant's situation has changed. The ALJs and hearing office staff use 
the response to make arrangements for consultative examination(s) and 
the attendance of an expert witness(es), if appropriate. During the 
hearing, the ALJ offers any completed questionnaires as exhibits and 
may use them to: (1) Refresh the claimant's memory, and (2) shape their 
questions. The respondents are claimant's requesting hearings on 
entitlement to OASDI benefits or Supplemental Security Income (SSI) 
payments.
    Type of Request: Revision of an OMB-approved information 
collection.

[[Page 17876]]



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                                                                                                              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
                                            respondents      response        (minutes)    burden (hours)      amount          office      cost (dollars)
                                                                                                            (dollars) *    (minutes) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
HA-4631-PDF/paper version...............          53,200               1              10           8,867        * $10.95           ** 24    *** $330,110
Electronic Records Express Submissions..         136,800               1              10          22,800        * $25.72  ..............    *** $586,416
    Totals..............................         190,000  ..............  ..............          31,667  ..............  ..............    *** $916,526
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* We based these figures on average DI hourly wages based on SSA's current FY 2020 SSI data (https://www.ssa.gov/legislation/2021FactSheet.pdf) and on
  the 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.

    4. Request for Reconsideration--Disability Cessation--20 CFR 
404.909, 404.1597(b), 416.995, & 416.1409--0960-0349. When SSA 
determines that claimants' disabilities medically improved; ceased; or 
are no longer sufficiently disabling, these claimants may ask SSA to 
reconsider that determination. SSA uses Form SSA-789 to arrange for a 
hearing or to prepare a decision based on the evidence of record. 
Specifically, claimants or their representatives use Form SSA-789 to: 
(1) Ask SSA to reconsider a determination; (2) indicate if they wish to 
appear at a disability hearing;
    (3) submit any additional information or evidence for use in the 
reconsidered determination; and (4) indicate if they will need an 
interpreter for the hearing. The respondents are disability claimants 
for Social Security benefits or Supplemental Security Income (SSI) 
payments who wish to appeal an unfavorable disability cessation 
determination.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                              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
                                            respondents      response        (minutes)    burden (hours)      amount          office      cost (dollars)
                                                                                                            (dollars) *    (minutes) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-789.................................          49,000               1              13          10,617        * $10.95           ** 24    *** $330,876
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* We based this figure on average DI payments based on SSA's current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.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.

    5. 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. 
Claimants for Social Security disability payments or their 
representatives can use Form SSA-773-U4 to 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 claimant's request for disability payments based solely 
on the evidence of record. The respondents are disability claimants for 
Social Security benefits or SSI payments, or their representatives, who 
wish to waive their right to appear at a disability hearing.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                              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
                                            respondents      response        (minutes)    burden (hours)      amount          office      cost (dollars)
                                                                                                            (dollars) *    (minutes) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-773-U4..............................             200               1               3              10        * $10.95           ** 24        *** $986
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on average DI payments based on SSA's current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.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.

    6. 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. In addition, due to the 
implementation of the Martinez v. Astrue and Clark v. Astrue cases, we 
changed our policy to deny eligibility or suspend payments for three 
fleeing codes. We use the information we

[[Page 17877]]

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.

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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
                                                            respondents      response        (minutes)    burden (hours)      amount      cost (dollars)
                                                                                                                            (dollars) *         **
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fugitive Felon and Parole or Probation Violation screens           1,000               1               1              17        * $25.72         ** $437
 within the SSI Claims System...........................
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* We based this figure on the average hourly wage for all occupations in May 2019 as reported by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/current/oes_nat.htm#00-0000).
** 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: March 31, 2021.
Eric Lowman,
Acting Reports Clearance Officer, Office of Legislative Development and 
Operations, Social Security Administration.
[FR Doc. 2021-06975 Filed 4-5-21; 8:45 am]
BILLING CODE 4191-02-P