[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Notices]
[Pages 50909-50911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17732]


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SOCIAL SECURITY ADMINISTRATION

[Docket No: SSA-2022-0042]


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

    Comments: https://www.reginfo.gov/public/do/PRAMain. Submit your 
comments online referencing Docket ID Number [SSA-2022-0042].

(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-
2022-0042].
    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 
October 17, 2022. Individuals can obtain copies of the collection 
instruments by writing to the above email address.
    1. Waiver of Your Right to Personal Appearance before an 
Administrative Law Judge--20 CFR 404.948(b)(1)(i), 404.956, 
416.1448(b)(1)(i), and 416.1456--0960-0284. Applicants for Social 
Security, Old Age, Survivors, and Disability Insurance (OASDI) benefits 
and Supplemental Security Income (SSI) payments have the statutory 
right to appear in person (or through a representative) and present 
evidence about their claims at a hearing before a judge. Per SSA 
regulations, if a claimant is dissatisfied with a determination or 
decision listed in 20 CFR 404.930 or 416.1430, the claimant may request 
a hearing before a judge, and has a right to appear at a hearing before 
a judge. At a hearing, claimants have the right to present evidence; 
have witnesses testify on their behalf; and present their case to the 
judge. A hearing may provide the judge with additional information to 
make a more informed decision. However, in some cases, claimants may 
choose to waive their right to appear before a judge for various 
reasons, including if they feel the evidence of record stands on its 
own, or if they are unable to attend a hearing due to extenuating 
circumstances. When a claimant chooses to waive the right to appear at 
a hearing and allows the judge to decide the case based on the written 
evidence of record alone, we ask the claimant to submit this request to 
us in writing so we can document it in their record. While SSA will 
accept a written request, we also allow claimants to use Form HA-4608 
to serve as a written waiver for the claimant's right to a personal 
appearance before a judge. The claimant may complete the paper version 
of the HA-4608 and submit it back to SSA using the pre-paid envelope 
SSA sends with it, or the claimant may choose to complete the HA-4608 
through the submittable PDF on SSA's website. The judge uses the 
information we collect on Form HA-4608 to continue processing the case 
and makes the completed form a part of the documentary evidence of 
record by placing it in the official record of the proceedings as an 
exhibit. Respondents are applicants or claimants for OASDI and SSI, or 
their representatives, who request to waive their right to appear 
before a judge.
    Type of Request: Revision of an approved-OMB 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) *           **
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HA-4608-PDF/paper version.........................          12,000                1                5            1,000         * $11.70       ** $11,700
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* We based this figure on the average DI payments based on SSA's current FY 2022 data (https://www.ssa.gov/legislation/2022factsheet.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.

    2. Letter to Custodian of Birth Records--20 CFR 404.704, and 
422.103-422.110--0960-0693. When individuals need help in obtaining 
evidence of their age in connection with Social Security number (SSN) 
card applications and claims for benefits, SSA prepares the SSA-L706, 
Letter to Custodian of Birth Records. SSA uses Form SSA-L706 to verify 
the proof of age when an SSN applicant submits a birth record that is 
deemed questionable in the Social

[[Page 50910]]

Security Number Application Process (SSNAP) system. In most of the 
cases, we verify birth records (i.e., birth certificates) with the 
custodian of the record or issuing entity before processing the SSN 
card application via an online query such as the Electronic 
Verification of Vital Events (EVVE) or SSA-approved online access to 
State vital records. However, when the applicant submits alternative 
evidence to request an original SSN card or to correct a date of birth 
(DOB) that SSA cannot verify via an online query (i.e., the custodian/
issuing entity of the birth record is a hospital or health care 
provider), we use the SSA-L706 to verify proof of age for enumeration 
purposes. The SSNAP system pre-fills a PDF version of the SSA-L706 
using information from the SSN application to ensure accuracy and save 
time. SSA uses the letter to verify with the custodian or issuing 
entity, when necessary, the authenticity of the record the SSN 
applicant or claimant submitted. SSA mails the SSA-L706 to the 
respondents to complete and mail or fax back the completed form back to 
us. The respondents are SSN applicants who sign the request; State and 
local bureaus or agencies of vital statistics, and religious entities 
who submit the information regarding evidence of age for the SSN 
applicant.
    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) *         **
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SSA-L706--(SSNAP).......................................             573               1              10              96        * $24.57       ** $2,359
SSA-L706--(Respondents Signature Only)..................             573               1               1              10         * 28.01          ** 280
                                                         -----------------------------------------------------------------------------------------------
    Totals..............................................           1,146  ..............  ..............             106  ..............        ** 2,639
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* We based these figures on 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), and by averaging both the average U.S. worker's hourly wage with the average Information and Record Clerks hourly wage, as reported by
  Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes434199.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.

    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 19, 2022. Individuals can obtain copies of the 
OMB clearance package by writing to [email protected].
    Continuing Disability Review Report--20 CFR 404.1589 & 416.989--
0960-0072. Sections 221(i), 1614(a)(3)(H)(ii)(I) and 1633(c)(1) of the 
Social Security Act (Act) require SSA to periodically review the cases 
of individuals who receive benefits under Title II or Title XVI based 
on disability to determine if their disability continues. SSA considers 
adults eligible for disability payments if they continue to be unable 
to do substantial gainful activity because of their impairments, and we 
consider Title XVI children eligible for disability payment if they 
have marked and severe functional limitations because of their 
impairments. To assess claimants' ongoing disability payment 
eligibility, SSA uses the information gathered through the Continuing 
Disability Review Report to complete a mandatory review for the 
continue disability review (CDR).
    SSA also uses the Continuing Disability Review Report to obtain 
information on sources of medical treatment; participation in 
vocational rehabilitation programs (if any); attempts to work (if any); 
and recipients' assessments when they believe their conditions 
improved. Title II or Title XVI disability recipients can complete the 
Continuing Disability Review Report using one of three modalities: (1) 
a paper application or fillable PDF (using Form SSA 454 BK); (2) a 
field office interview, during which SSA employees enter claimant's 
data directly into the Electronic Disability Collection System (EDCS); 
or (3) using an online system (i454). This new web-based modality will 
provide recipients a new platform for submitting information to 
increase accessibility and enhance automation. When SSA initiates a 
medical CDR, we send a mailed notice to the individual with a 
disability informing that individual that SSA requires a CDR. The 
mailed notice provides instructions to the recipient on how to assist 
the agency with initiating the CDR and gives the individual the option 
to complete a paper SSA-454 or an i454 for adult only disabled 
individuals. When an individual requires a CDR, a claims specialist 
(CS) mails the paper Form SSA-454-BK, and the respondent completes the 
form, and sends or brings it back to SSA; or the CS interviews the 
respondent and enters the information into the appropriate EDCS 
screens; or adult disabled individuals complete the SSA-454-BK 
electronically using the i454 internet application. Regardless of the 
modality the respondent uses to complete the information (paper, EDCS, 
or internet versions), SSA electronically stores the information 
provided in EDCS. The respondents complete the SSA-454-BK by themselves 
with self-help information available, or a representative may complete 
the paper form or electronic application on their behalf. The 
respondents are Title II or Title XVI disability recipients or their 
representatives.
    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-454-BK (paper version)............         189,350               1           * 480       1,514,800       ** $11.70          *** 24  **** $18,609,318

[[Page 50911]]

 
Electronic Disability Collect System           270,500               1           * 480       2,164,000        ** 11.70          *** 24   **** 26,584,740
 (EDCS)...............................
i454 (Internet).......................          81,150               1           * 480         649,200        ** 11.70  ..............    **** 7,595,640
                                       -----------------------------------------------------------------------------------------------------------------
    Totals............................         541,000  ..............  ..............       4,328,000  ..............  ..............   **** 52,789,698
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* The estimated time of 480 minutes to complete Form SSA-454-BK is an average for the respondents, who are Title II or Title XVI disability recipients
  or their representatives. Some of these respondents may take longer to complete the forms and submit the information, while others will complete the
  forms faster, which is why we use average time estimates to calculate time burdens for these information collections. These estimates were originally
  developed, and are still based on, our current management information data. In addition, we increased this estimate based on public comments.
** We based this figure on the average DI payments based on SSA's current FY 2022 data (https://www.ssa.gov/legislation/2022factsheet.pdf).
*** We based this figure on the average FY 2022 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.


    Dated: August 12, 2022.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2022-17732 Filed 8-17-22; 8:45 am]
BILLING CODE 4191-02-P