[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Pages 35990-35992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11579]



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SOCIAL SECURITY ADMINISTRATION

[Docket No: SSA-2023-0014]


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-2023-0014].
    (SSA) Social Security Administration, OLCA, Attn: Reports Clearance 
Director, Mail Stop 3253 Altmeyer, 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-
2023-0014].
    I. The information collections below are 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 July 
31, 2023. Individuals can obtain copies of the collection instruments 
by writing to the above email address.
    1. Missing and Discrepant Wage Reports Letter and Questionnaire--26 
CFR 31.6051-2--0960-0432. Each year employers report the wage amounts 
they paid their employees to the Internal Revenue Service (IRS) for tax 
purposes, and separately to SSA for retirement and disability coverage 
purposes. Employers should report the same figures to SSA and the IRS; 
however, each year some of the employer wage reports SSA receives show 
wage amounts lower than those employers report to the IRS. SSA uses 
Forms SSA-L93-SM, SSA-L94-SM, SSA-95-SM, and SSA-97-SM to request 
revised amounts to ensure employees receive full credit for their 
wages. SSA is also creating the online IRS/SSA Reconciliation portal 
which is a streamlined version of the SSA-95-SM and the SSA-97-SM. The 
IRS/SSA Reconciliation portal will guide employers to the appropriate 
solutions and will link the users to online tools to correct issues. 
The respondents are employers who reported lower wage amounts to SSA 
than they reported to the IRS.
    Type of Request: Revision of an OMB-approved information 
collection.

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                                                                                                                              Average
                                                                                          Average burden     Estimated      theoretical    Total annual
            Modality of completion for forms                 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-95-SM and SSA-97-SM (and accompanying cover letters          356,800               1              30         178,400        * $28.01   ** $4,996,984
 SSA-L93, L94) (paper version)..........................
IRS/SSA Reconciliation (online version).................          89,200               1              30          44,600           28.01    ** 1,249,246
                                                         -----------------------------------------------------------------------------------------------
    Totals..............................................         446,000  ..............  ..............         223,000  ..............       6,246,230
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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.

    2. Authorization for the Social Security Administration to Obtain 
Wage and Employment Information from Payroll Data Providers--0960-0807. 
Section 824 of the Bipartisan Budget Act (BBA) of 2015, Public Law 114-
74, authorizes the Social Security Administration (SSA) to enter into 
information exchanges with payroll data providers for the purposes of 
improving program administration and preventing improper payments in 
the Social Security Disability Insurance (SSDI) and Supplemental 
Security Income (SSI) programs. SSA uses Form SSA-8240, ``Authorization 
for the Social Security Administration to Obtain Wage and Employment 
Information from Payroll Data Providers,'' to secure the authorization 
needed from the relevant members of the public to obtain their wage and 
employment information from payroll data providers. Ultimately, SSA 
uses this wage and employment information to help determine program 
eligibility and payment amounts.
    The public can complete Form SSA-8240 using the following 
modalities: a paper form; the internet; and an in-office or telephone 
interview, during which an SSA employee documents the wage and 
employment information authorization information on one of SSA's 
internal systems (the Modernized Claims System (MCS); the SSI Claims 
System; eWork; or iMain). The individual's authorization remains 
effective until one of the following four events occurs:
     SSA makes a final adverse decision on the application for 
benefits, and the applicant has filed no other claims or appeals under 
the Title for which SSA obtained the authorization;
     the individual's eligibility for payments ends, and the 
individual has not filed other claims or appeals under the Title for 
which SSA obtained the authorization;
     the individual revokes the authorization verbally or in 
writing; or
     the deeming relationship ends (for SSI purposes only).
    SSA requests authorization on an as-needed basis as part of the 
following processes: (a) SSDI and SSI initial claims; (b) SSI 
redeterminations; and (c) SSDI Work Continuing Disability Reviews. The 
respondents are individuals who file for, or are currently receiving, 
SSDI or SSI payments, and any person whose income and resources SSA 
counts when determining an individual's SSI eligibility or payment 
amount.
    Type of Request: Revision of an OMB approved information 
collection.

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                                                                                                                        Average wait
                                                                                                           Average      time in field
                                          Number of     Frequency of   Average burden     Estimated      theoretical    office or for     Total annual
        Modality of completion           respondents      response      per response    total annual     hourly cost     teleservice    opportunity cost
                                                                          (minutes)    burden (hours)      amount          centers       (dollars) ***
                                                                                                         (dollars) *    (minutes) **
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SSA-8240 (paper).....................         150,000               1               8          20,000        * $12.81  ..............       *** $256,200
Web Title II & Title XVI Electronic           697,580               1               3          34,879         * 12.81            * 21      *** 3,574,400
 (MCS, MSSICS, and eWork)............
Internet.............................         147,820               1               3           7,391         * 12.81               0         *** 94,679
                                      ------------------------------------------------------------------------------------------------------------------
    Totals...........................         995,400  ..............  ..............          62,270  ..............  ..............      *** 3,925,279
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* We based this figure on the average DI payments based on SSA's current FY 2023 data (https://www.ssa.gov/legislation/2023factsheet.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.

    3. Notice to Electronic Information Exchange Partners to Provide 
Contractor List--0960-0820. The Federal standards of the Privacy Act of 
1974; E-Government act of 2002; and the National Institute of Standard 
Special Publications 800-53-4, require SSA to maintain oversight of the 
information it provides to Electronic Information Exchange Partners 
(EIEPs). EIEPs obtain SSA data for the administration of federally 
funded and state-administered programs. SSA has a responsibility to 
monitor and protect the personally identifiable information SSA shares 
with other Federal and State agencies, and private organizations 
through the Computer Matching and Privacy Protection Act, and the 
Information Exchange Agreements (IEA). Under the terms of the State 
Transmission Component IEA, and agency IEA, EIEPs agree to comply with 
Electronic Information Exchange security requirements and procedures 
for State and local Agencies exchanging electronic information with 
SSA. SSA's Technical Systems Security Requirements document provides 
all agencies using SSA data ensure SSA's information is not processed; 
maintained; transmitted; or stored in; or by means of data 
communications channel; electronic devices; computers; or computer 
networks located in geographic or virtual areas not subject to U.S. 
law. SSA conducts tri-annual compliance reviews of all State and local 
agencies, and Tribes with whom we have an IEA, to verify appropriate 
security safeguards remain in place to protect the confidentiality of 
information SSA supplies. SSA requires any organization with an 
electronic data exchange agreement, to provide the SSA Regional Office 
contact a current list of contractors, or agents who have access to SSA 
data upon request. SSA uses Form SSA-731, Notice to Electronic 
Information Exchange Partners to Provide Contractor List to collect 
this information. The respondents are Federal agencies, as well as 
State, local, or tribal agencies who exchange electronic information 
with SSA.
    Type of Request: Revision to 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) *           **
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SSA-731...........................................             300                1               20              100          $28.01*         $2.801**
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* We based this figure on average State, local and tribal government worker's salaries, 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.

    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 July 3, 2023. Individuals can obtain copies of the OMB 
clearance package by writing to [email protected].
    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 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 which the affected 
medical sources can use to create their own written statements as 
required under our regulations. The respondents for

[[Page 35992]]

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.

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                                                                                                                            Average
                                                                                       Average burden  Estimated total    theoretical      Total annual
      Modality of completion          Number of       Frequency of      Number of       per response    annual burden     hourly cost      opportunity
                                     respondents        response        responses        (minutes)         (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.


    Dated: May 25, 2023.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2023-11579 Filed 5-31-23; 8:45 am]
BILLING CODE 4191-02-P