[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29348-29351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11421]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2021-0013]


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 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-2021-0013].

(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-
2021-0013].
    I. 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 
August 2, 2021. Individuals can obtain copies of the collection 
instruments by writing to the above email address.
    1. Request for Workers' Compensation/Public Disability Benefit 
Information--20 CFR 404.408(e)--0960-0098. Individuals who received 
both Social Security disability payments and Worker's Compensation/
Public Disability Benefits (WC/PDB) must notify SSA about their WC/PDB, 
so that the agency can reduce the claimants' Social Security disability 
payments accordingly. Recipients may submit evidence of their WC/PDB, 
such as a copy of their award notice or benefit check, or have their 
WC/PDB provider complete Form SSA-1709 to document their WC/PDB to SSA. 
The respondents are Federal, State, and local agencies, insurance 
carriers, and public or private self-insured companies administering 
WC/PDB benefits to disability 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-1709..........................................         120,000                1               15           30,000         * $26.65      ** $799,500
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* We based this figure by averaging both the average Federal, State, and Local Government hourly wages (https://www.bls.gov/oes/current/naics3_999000.htm), and the average Insurance Claims and Policy Processing Clerks hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes439041.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.

    2. Coverage of Employees of State and Local Governments--20 CFR 
part 404, subpart M--0960-0425. The regulations at 20 CFR part 404, 
subpart M prescribe the rules for States to submit reports of deposits 
and recordkeeping to SSA. SSA requires States (and interstate 
instrumentalities) to provide wage and deposit contribution information 
for pre-1987 tax years. Since not all States have completely satisfied 
their pending wage report and contribution liability with SSA for pre-
1987 tax years, SSA needs these regulations until all pending items 
with the States are completed, and to allow for collection of this 
information in the future, if necessary. The respondents are State and 
local governments or interstate instrumentalities.
    Type of Request: Extension of an OMB-approved information 
collection.

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                                                                                                                              Average
                                                                                          Average burden                    theoretical    Total annual
                   Regulation section                        Number of     Frequency of    per response    Total annual     hourly cost     opportunity
                                                            respondents      response        (minutes)    burden (hours)      amount      cost (dollars)
                                                                                                                            (dollars) *         **
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404. 1204 (a) & (b).....................................              52               1              30              26        * $28.74         ** $747
404.1215................................................              52               1              60              52         * 28.74        ** 1,494
404. 1216 (a) & (b).....................................              52               1              60              52         * 28.74        ** 1,494

[[Page 29349]]

 
    Totals..............................................             156  ..............  ..............             130  ..............        ** 3,735
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* We based this figure by averaging both the average State Government hourly wages (https://www.bls.gov/oes/current/naics4_999200.htm), and the average
  Local Government hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/naics4_999300.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.

    3. Representative Payment--20 CFR 404.2011, 404.2025, 416.611, and 
416.625--0960-0679. The regulations at 20 CFR 404.2011 and 416.611 
allow SSA to make payments to recipients' representative payees if it 
may cause substantial harm for the beneficiaries to receive their 
payments directly. The regulations allow beneficiaries to dispute a 
finding that substantial harm exists by providing SSA with evidence to 
reevaluate the determination. In addition, sections 20 CFR 404.2025 and 
416.625 describe the information representative payees must provide SSA 
about their continuing relationship and responsibility for the 
recipients, and explain how they use the recipients' payments to verify 
payee performance. The respondents are Title II and Title XVI 
recipients, and their representative payees.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                                              Average
                                                                                          Average burden     Estimated      theoretical    Total annual
                   Regulation section                        Number of     Frequency of    per response    total annual     hourly cost     opportunity
                                                            respondents      response        (minutes)    burden (hours)      amount      cost (dollars)
                                                                                                                            (dollars) *         **
--------------------------------------------------------------------------------------------------------------------------------------------------------
404.2011(a)(1); 416.611(a)(1)...........................             260               1              15              65        * $19.01       ** $1,236
404.2025; 416.625.......................................           3,090               1               6             309         * 19.01        ** 5,874
                                                         -----------------------------------------------------------------------------------------------
    Totals..............................................           3,350  ..............  ..............             374  ..............        ** 7,110
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* We based this figure on averaging both the average DI payments based on SSA's current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf), and the average U.S. worker's hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes_nat.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.

    4. Function Report--Adult--20 CFR 404.1512 & 416.912--0960-0681. 
Individuals receiving or applying for Social Security disability 
insurance (SSDI) or Supplemental Security Income (SSI) must provide 
medical evidence and other proof SSA requires to prove their 
disability. SSA staff, and, on SSA's behalf, State Disability 
Determination Services' (DDS) employees, collect the information via 
paper Form SSA-3373, or through an in-person or telephone interview for 
cases where we need information about a claimant's activities and 
abilities to evaluate the claimant's disability. We use the information 
to document how claimants' disabilities affect their ability to 
function, and to determine eligibility, or continued eligibility, for 
SSI and SSDI claims. The respondents are adult Title II and Title XVI 
claimants, or current recipients undergoing redeterminations of 
benefits.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                                    Average wait time
                                                                                                       Average       in field office
                                  Number of       Frequency of    Average burden  Estimated total    theoretical          or for          Total annual
    Modality of completion       respondents        response       per response    annual burden     hourly cost       teleservice      opportunity cost
                                                                    (minutes)         (hours)           amount      centers (minutes)    (dollars) ***
                                                                                                     (dollars) *            **
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SSA-3373.....................       1,734,635                1               61        1,763,546         * $10.95              ** 21    *** $25,958,815
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* We based this figure on the average DI payments based on SSA's current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf).
** We based this figure on averaging both the average FY 2021 wait times for field offices and teleservice centers, 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 collections below to OMB for 
clearance. Your comments regarding these information collections 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 July 1, 2021. Individuals can obtain copies of these 
OMB clearance packages by writing to [email protected].
    1. Certification by Religious Group--20 CFR 404.1075--0960-0093. 
SSA is responsible for determining whether religious groups meet the 
qualifications exempting certain members and sects from payment of 
Self-Employment

[[Page 29350]]

Contribution Act taxes under the Internal Revenue Code, Section 
1402(g). SSA sends Form SSA-1458, Certification by Religious Group, to 
a group's authorized spokesperson to complete and verify organizational 
members meet or continue to meet the criteria for exemption. The 
respondents are spokespersons for religious groups or sects.
    Type of Request: Revision of an OMB-approved information 
collection.
    Note: This is a correction notice: SSA published the incorrect 
burden information for this collection at 86 FR 12068, on 3/01/21. We 
are correcting this error here.

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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) *           **
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SSA-1458..........................................             142                1               15               36         * $27.07          ** $975
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* We based this figure on average U.S. worker's hourly wages, as reported by Bureau of Labor Statistics data (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.

    2. Application for Extra Help with Medicare Prescription Drug Plan 
Costs--20 CFR 418.3101--0960-0696. The Medicare Modernization Act of 
2003 mandated the creation of the Medicare Part D prescription drug 
coverage program and the provision of subsidies for eligible Medicare 
beneficiaries. SSA uses Form SSA-1020 or the internet i1020, the 
Application for Extra Help with Medicare Prescription Drug Plan Costs, 
to obtain income and resource information from Medicare beneficiaries, 
and to make a subsidy decision. The respondents are Medicare 
beneficiaries applying for the Part D low-income subsidy.
    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 cost
                                          respondents      response        (minutes)    burden (hours)      amount          office        (dollars) ***
                                                                                                          (dollars) *    (minutes) **
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SSA-1020 (paper applications).........         448,836               1              30         224,418        * $27.07               0    *** $6,074,995
i1020 (online applications)...........         365,871               1              25         152,446         * 27.07               0     *** 4,126,713
Field Office Interviews...............          85,873               1              30          42,937         * 27.07           ** 24     *** 2,092,132
                                       -----------------------------------------------------------------------------------------------------------------
    Totals............................         900,580  ..............  ..............         419,801  ..............  ..............    *** 12,293,840
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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_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.

    3. Rules of Conduct and Standards of Responsibility for Appointed 
Representatives--20 CFR 404.1740(b)(5), 404.1740(b)(6), 404.1740(b)(9), 
416.1540(b)(5), 416.1540(b)(6), and 416.1540(b)(9)--0960-0804. Section 
205(a) of the Act authorizes SSA's Commissioner 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. Section 1631(d)(1) of the Act incorporates section 
205(a) and applies it to Title XVI of the Act. Additionally, sections 
206(a) and 1631(d)(2) of the Act provide that the Commissioner has the 
authority to establish rules and regulations governing the recognition 
of individuals who represent claimants before the Commissioner. 
Individuals appointed to represent claimants before SSA must report to 
SSA in writing whenever one of the following situations in our revised 
regulations occurs:
     20 CFR 404.1740(b)(5) and 416.1540(b)(5)--This regulatory 
section requires representatives to disclose to SSA in writing, at the 
time a medical or vocational opinion is submitted to SSA, or as soon as 
the representative is aware of the submission to us, if the 
representative's employee or any individual contracting with the 
representative drafted, prepared, or issued a medical or vocational 
opinion about a claimant's disability, or if the representative 
referred or suggested that the claimant seek an examination from, 
treatment by, or the assistance of the individual providing opinion 
evidence;
     20 CFR 404.1740(b)(6) and 416.1540(b)(6)--This regulatory 
section requires representatives to disclose to SSA immediately if the 
representative discovers that his or her services are or were used by 
the claimant to commit fraud against SSA;
     20 CFR 404.1740(b)(7) and 416.1540(b)(7)--This regulatory 
section requires representatives to disclose to SSA whether the 
representative is or has been disbarred or suspended from any bar or 
court to which he or she was previously admitted to practice, including 
instances in which a bar or court took administrative action to disbar 
or suspend the representative in lieu of disciplinary proceedings; If 
the disbarment or suspension occurs after the appointment of the 
representative, the representative will immediately disclose the 
disbarment or suspension to SSA;

[[Page 29351]]

     20 CFR 404.1740(b)(8) and 416.1540(b)(8)--This regulatory 
section requires representatives to disclose to SSA whether the 
representative is or has been disqualified from participating in or 
appearing before any Federal program or agency, including instances in 
which a Federal program or agency took administrative action to 
disqualify the representative in lieu of disciplinary proceedings. If 
the disqualification occurs after the appointment of the 
representative, the representative will immediately disclose the 
disqualification to SSA; and;
     20 CFR 404.1740(b)(9) and 416.1540(b)(9)--This regulatory 
section requires representatives to disclose to SSA whether the 
representative has been removed from practice or suspended by a 
professional licensing authority for reasons that reflect on the 
representative's character, integrity, judgment, reliability, or 
fitness to serve as a fiduciary. If the removal or suspension occurs 
after the appointment of the representative, the representative will 
immediately disclose the removal or suspension to SSA.
    A representative's obligation to report these events is ongoing, 
and SSA requires representatives to report any time one or more of 
these events occurs. We consider this information essential to ensure 
the integrity of our administrative process and to safeguard the rights 
of all claimants. SSA requires representatives to notify SSA in 
writing, but there is no prescribed format for these reports. The 
respondents are individuals appointed to represent claimants before 
SSA.
    Type of Request: Extension of an OMB-approved information 
collection.

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                                                                                                                              Average
                                                                                          Average burden     Estimated      theoretical    Total annual
                   Regulation section                        Number of     Frequency of    per response    annual burden    hourly cost     opportunity
                                                            respondents      response        (minutes)        (hours)         amount      cost (dollars)
                                                                                                                            (dollars) *         **
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404.1740(b)(5)/416.1540(b)(5)...........................          43,600               1               5           3,633        * $26.45      ** $96,093
404.1740(b)(6)/416.1540(b)(6)...........................               2               1               5               0         * 69.86            ** 0
404.1740(b)(7)/416.1540(b)(7)...........................              50               1               5               4         * 69.86          ** 279
404.1740(b)(8)/416.1540(b)(8)...........................              10               1               5               1         * 69.86           ** 70
404.170(b)(9)/416.1540(b)(9)............................              10               1               5               1         * 69.86           ** 70
                                                         -----------------------------------------------------------------------------------------------
    Totals..............................................          43,672  ..............  ..............           3,639  ..............          96,512
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* We based this figure on average hourly wages for paralegals/legal assistants and lawyers as posted by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/current/oes_nat.htm).
** These figures do not represent actual costs that SSA is imposing on representatives to complete the required disclosures; rather, these are
  theoretical opportunity costs for the additional time representatives or their employees and associates will spend to complete the required
  disclosures. There is no actual charge to representatives to complete the required disclosures.


    Dated: May 25, 2021.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2021-11421 Filed 5-28-21; 8:45 am]
BILLING CODE 4191-02-P