[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10614-10616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03501]


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SOCIAL SECURITY ADMINISTRATION

[Docket No: SSA-2023-0004]


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-2023-0004].
    (SSA) Social Security Administration, OLCA, Attn: Reports Clearance 
Director, 3100 West High Rise, 6401 Security Blvd., Baltimore, MD 
21235, Fax: 833-410-1631, Email address: [email protected]. 
Or you may submit your comments online through https://www.reginfo.gov/public/do/PRAMain, referencing Docket ID Number [SSA-2023-0004].
    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 
April 24, 2023. Individuals can obtain copies of the collection 
instrument by writing to the above email address.
    Evidence From Excluded Medical Sources of Evidence--20 CFR 
404.1503b and 416.903b--0960-0803. Section 812 of the Bipartisan Budget 
Act of 2015 (BBA), ``Exclusion of certain medical sources of 
evidence,'' mandates that the Social Security Administration (SSA) 
exclude evidence in disability decisions from certain medical sources. 
BBA Section 812 amended section 223(d)(5) of the Social Security Act 
(Act) by adding a subsection ``C.'' Section 223(d)(5)(C)(i) of the Act, 
as amended, requires SSA to exclude evidence (except for good cause) 
from medical sources: (1) convicted of a felony under sections 208 or 
1632 of the Act; (2) excluded from participating in any Federal health 
care program under section 1128 of the Act; or (3) imposed with a civil 
monetary penalty (CMP), assessment, or both, for submitting false 
evidence, under section 1129 of the Act. We also implemented section 
223(d)(5)(C), as amended, through regulations at 20 CFR 404.1503b and 
416.903b of the Code of Federal Regulations. These regulations require 
excluded medical sources to self-report their excluded status, in 
writing, each time they submit evidence related to a claim for benefits 
under Titles II or XVI of the Act. Excluded medical sources' duty to 
self-report their excluded status applies to evidence they submit to 
SSA directly, or through a representative, claimant, or other 
individual or entity. As needed, SSA informs the medical sources we 
suspect should be excluded of these requirements through a Fact Sheet 
we send to them via mail, or which they can find on our website where 
we list the regulatory requirements under BBA section 812. In addition, 
along with the Fact Sheet and website, we provide sample statements as 
templates the affected medical sources can use to create their own 
written statements as required under our regulations. The respondents 
for this collection are medical sources that: (1) meet one of the 
exclusionary categories set forth in section 223(d)(5)(C)(i) of the 
Act, as amended; (2) furnish evidence related to a claim for benefits 
under Titles II or XVI of the Act; and (3) had failed to self-identify 
as an excluded source of medical evidence as required in section 
223(d(5)(C)(i).
    Type of Request: Revision of an OMB-approved information 
collection.

[[Page 10615]]



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                                                                                                                            Average
                                                                                      Average  burden     Estimated       theoretical      Total annual
      Modality of completion          Number of       Frequency of      Number of      per  response     total annual     hourly cost      opportunity
                                     respondents        response        responses        (minutes)     burden  (hours)       amount      cost  (dollars)
                                                                                                                          (dollars) *           **
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404.1503b(c), 416.903b(c)........             200                3              600               20              200         * $43.80        ** $8,760
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* We based this figure on the average Healthcare Practitioners and Technical Occupations worker's hourly wages, as reported by Bureau of Labor
  Statistics data (Healthcare Practitioners and Technical Occupations (bls.gov)).
** 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 March 23, 2023. Individuals can obtain copies of 
these OMB clearance packages by writing to 
[email protected].
    1. Incorporation by Reference of Oral Findings of Fact and 
Rationale in Wholly Favorable Written Decisions (Bench Decision 
Regulation)--20 CFR 404.953 and 416.1453--0960-0694. If a judge makes a 
wholly favorable oral decision, including all the findings and 
rationale for the decision for a claimant of Title II or Title XVI 
payments, at an administrative appeals hearing, the judge sends a 
Notice of Decision (Form HA-82), as the records from the oral hearing 
preclude the need for a written decision. We call this the 
incorporation-by-reference process. In addition, as part of the 
information we include on the HA-82, if the involved parties want a 
record of the oral decision, they may submit a written request for 
these records. As explained to the respondent on the HA-82, SSA 
collects identifying information under the aegis of sections 20 CFR 
404.953 and 416.1453 of the Code of Federal Regulations to determine 
how to send interested individuals written records of a favorable 
incorporation-by-reference oral decision made at an administrative 
review hearing. Since SSA did not create a form for the public to use 
to request a written record of the decision, the involved parties send 
SSA their contact information and reference the hearing for which they 
would like a record to the hearings office indicated on the HA-82. SSA 
employees collect this information only once. The respondents are 
applicants for Disability Insurance Benefits and Supplemental Security 
Income (SSI) payments based on disability, or their representatives as 
applicable, who receive a fully favorable oral decision under the 
regulations cited above, and who choose to request a copy of the 
records for this decision.
    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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HA-82.............................................           2,500                1                5              208         * $11.70        ** $2,434
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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. Request for Waiver of Special Veterans Benefits (SVB) 
Overpayment Recovery or Change in Repayment Rate--20 CFR 408.900-
408.950-0960-0698. Title VIII of the Social Security Act (Act) requires 
SSA to pay a monthly benefit to qualified World War II veterans who 
reside outside the United States. When SSA notes an overpayment in this 
SVB, we inform the beneficiary. As part of the information we send, SSA 
explains how the beneficiary can request a waiver of recovery of the 
overpayment or a change in the repayment rate. SSA requests the 
respondent to submit Form SSA-2032-BK via mail to ensure SSA obtains 
the information necessary to establish whether the claimant meets the 
waiver of recovery provisions of the overpayment, and to determine the 
repayment rate if we do not waive repayment. Respondents are SVB 
beneficiaries who have overpayments on their Title VIII record and wish 
to file a claim for waiver of recovery or change in repayment rate.
    Type of Request: Revision of an OMB-approved information 
collection.

[[Page 10616]]



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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) *           **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-2032-BK.......................................              34                1              120               68         * $28.01        ** $1,905
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* We based this figure 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).
** 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. Methods for Conducting Personal Conferences When Waiver of 
Recovery of a Title II or Title XVI Overpayment Cannot Be Approved--20 
CFR 404.506 & 416.557-0960-0769. SSA conducts personal conferences when 
we cannot approve a waiver of recovery of a Title II or Title XVI 
overpayment. The Act and our regulatory citations require SSA to give 
overpaid Social Security beneficiaries and SSI recipients the right to 
request a waiver of recovery and automatically schedule a personal 
conference if we cannot approve their request for waiver of 
overpayment. We conduct these conferences face-to-face, via telephone, 
or through video teleconferences. Social Security beneficiaries and SSI 
recipients or their representatives may provide documents to 
demonstrate they are without fault in causing the overpayment and do 
not have the ability to repay the debt. They may submit these documents 
by completing Form SSA-632, Request for Waiver of Overpayment Recovery 
(OMB No. 0960-0037); Form SSA-795, Statement of Claimant or Other 
Person (OMB No. 0960-0045); or through a personal statement submitted 
by mail, telephone, personal contact, or other suitable method, such as 
fax or email. This information collection satisfies the requirements 
for request for waiver of recovery of an overpayment and allows 
individuals to pursue further levels of administrative appeal via 
personal conference. Respondents are Social Security Title II 
beneficiaries and Title XVI SSI recipients or their representatives 
seeking reconsideration of an SSA waiver decision.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                                           Average wait
                                                                              Average        Estimated        Average      time in field   Total annual
                                             Number of     Frequency of     burden per     total annual     theoretical    office or for    opportunity
         Modality of completion             respondents      response        response         burden        hourly cost     teleservice        cost
                                                                             (minutes)        (hours)         amount          centers      (dollars) ***
                                                                                                            (dollars) *    (minutes) **
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Title II, Personal Conference, 404.506:           23,410               1              45          17,558        * $11.70           ** 21    *** $301,298
 submittal of documents, additional
 mitigating financial information, and
 verifications for consideration at
 personal conferences...................
Title XVI, Personal Conference, 416.557:          34,190               1              45          25,643         * 11.70           ** 21     *** 440,037
 submittal of documents, additional
 mitigating financial information, and
 verifications at personal conferences..
                                         ---------------------------------------------------------------------------------------------------------------
    Totals..............................          57,600  ..............  ..............          43,201  ..............  ..............     *** 741,335
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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).
** We based this figure by averaging the average FY 2023 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.


    Dated: February 15, 2023.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2023-03501 Filed 2-17-23; 8:45 am]
BILLING CODE 4191-02-P