[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18471-18475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05296]



[[Page 18471]]

=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION

[Docket No: SSA-2024-0007]


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, and one new 
collection for OMB-approval.
    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, 
Fax: 202-395-6974.
    (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 by clicking on Currently under 
Review--Open for Public Comments and choosing to click on one of SSA's 
published items. Please reference Docket ID Number [SSA-2024-0007] in 
your submitted response.
    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 May 
13, 2024. Individuals can obtain copies of the collection instruments 
by writing to the above email address.
    1. Request for Waiver of Overpayment Recovery and Request for 
Change in Overpayment Recovery Rate--20 CFR 404.502, 404.506-404.512, 
416.550-416.558, 416.570-416.571--0960-0037. When Social Security 
beneficiaries and Supplemental Security Income (SSI) recipients receive 
an overpayment, they must return the extra money. These beneficiaries 
and recipients can use Form SSA-632-BK, Request for Waiver of 
Overpayment Recovery, to request a waiver from repaying their 
overpayment. Beneficiaries and recipients can also use Form SSA-634, 
Request for Change in Overpayment Recovery, to request a change to the 
monthly recovery rate of their overpayment. The respondents must 
provide financial information to help the agency determine how much the 
overpaid person can afford to repay each month. The respondents are 
individuals who are overpaid Social Security or SSI payments who are 
requesting: (1) a waiver of recovery of an overpayment, or (2) a lesser 
rate of withholding.
    The Social Security Administration (SSA) is requesting public 
comments on this information collection. We encourage members of the 
public to provide their feedback and comments on the following matters 
outlined in the notice:
    a. How can SSA most effectively ask questions related to 
determining whether or not a respondent is ``without fault'' in a 
manner that is minimally burdensome? Specifically, we are soliciting 
feedback on replacing the free-form response option, ``Tell us what you 
know about why the overpayment may have happened'' with a set of 
structured response options intended to reflect common reasons related 
to a failure to timely report a change to the agency. SSA is seeking 
comments on adding the following response options for which the 
respondent would be able to pick the choice that fits best:
     I did not know that I needed to report the change that SSA 
says caused the overpayment.
     I did not know about the change that SSA says caused the 
overpayment.
     I did not believe it was a significant enough change to 
report.
     I knew that I was supposed to report the change but chose 
not to report it.
     I thought I reported the change, or I tried to report the 
change but was unable to.
     I do not believe SSA is correct that there was a change.
     I forgot to report the change.
     I don't know.
     Other (this option would allow for a fill-in text box to 
include the reason).
    b. Currently, Question #2, part 2 of the SSA-632 asks for the 
reason for requesting an overpayment waiver through a write-in text 
box. Please comment on other ways for us to request this information.
    c. How can SSA revise the SSA-632, associated notice, or agency 
business processes to most effectively create a minimally burdensome 
collection of the questions we currently ask on the form?
    d. How can SSA revise the form, associated notice, or agency 
business processes to most effectively minimize the burdensome 
collection requirements for individuals who have already pursued an 
appeal in good faith, but still have an overpayment as the result of 
receiving benefits under the statutory benefits continuation policy?
    e. Please provide other suggestions for improving the design or 
communication on the form or associated notices to reduce burden on 
respondents.
    f. Should SSA provide a mechanism on the form to allow for 
respondents to jointly request a reconsideration and a waiver on the 
same form?
    g. Are there less burdensome ways SSA can ask respondents about the 
expenses they incur, or are there alternative ways for us to ask 
whether or not a claimant uses their income for ordinary and necessary 
living expenses?
    h. Should SSA require documentation for expenses when an 
individual's alleged expenses are not unusually high?
    i. In your experience, are there particular payment rules that, are 
particularly difficult to comply with or understand, resulting in 
overpayments?
    j. Does SSA's burden estimate of 60 minutes accurately reflect the 
beginning-to-end time burden associated with this form? As stated in 
our documentation, the current time burden may include reviewing and 
understanding relevant notices; reading and understanding instructions; 
tracking down records and documentation; filling out the form; 
consulting with any third parties to help navigate form requirements 
(to include time spent by third-parties separate from the respondent's 
time spent); and any travel associated with the collection.
    Your input on these items is valuable to us as we strive to improve 
our processes and better serve the public. In addition, we encourage 
you to comment on any other aspects of this information collection.
    Type of Request: Revision of an OMB-approved information 
collection.

[[Page 18472]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Average
                                                                                                                              wait time
                                                                                                    Estimated     Average      in field
                                                                                        Average       total     theoretical   office or    Total annual
                  Modality of completion                     Number of    Frequency    burden per     annual    hourly cost      for        opportunity
                                                            respondents  of response    response      burden       amount    teleservice  cost (dollars)
                                                                                       (minutes)     (hours)    (dollars) *    centers          ***
                                                                                                                              (minutes)
                                                                                                                                  **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-632--Request for Waiver of Overpayment Recovery (If         400,000            1           60      400,000     * $12.81        ** 21  *** $6,917,400
 completing entire paper form, including the AFI
 authorization)...........................................
SSA-634--Request for Change in Overpayment Recovery Rate        100,000            1           45       75,000      * 12.81        ** 21   *** 1,409,100
 (Completing paper form)..................................
                                                           ---------------------------------------------------------------------------------------------
    Totals................................................      500,000  ...........  ...........      475,000  ...........  ...........   *** 8,326,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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 on averaging both 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.

    2. Development of Participation in a Vocational Rehabilitation or 
Similar Program--20 CFR 404.316(c), 404.337(c), 404.352(d), 
404.1586(g), 404.1596, 404.1597(a), 404.327, 404.328, 416.1321(d), 
416.1331(a)-(b), and 416.1338, 416.1402--0960-0282. State Disability 
Determination Services (DDS) determine if Social Security disability 
payment recipients whose disability ceased and who participate in 
vocational rehabilitation programs may continue to receive disability 
payments. To do this, DDSs needs information about the recipients, the 
types of program participation, and the services they receive under the 
rehabilitation program. SSA uses Form SSA-4290 to collect this 
information. The respondents are State employment networks, vocational 
rehabilitation agencies, or other providers of educational or job 
training services.
    Type of Request: Revision of an OMB-approved information 
collection.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Average
                                                                                                                              wait time
                                                                                                    Estimated     Average      in field
                                                                                        Average       total     theoretical   office or    Total annual
                  Modality of completion                     Number of    Frequency    burden per     annual    hourly cost      for        opportunity
                                                            respondents  of response    response      burden       amount    teleservice  cost (dollars)
                                                                                       (minutes)     (hours)    (dollars) *    centers          ***
                                                                                                                              (minutes)
                                                                                                                                  **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-4290-F5 (By mail).....................................        2,400            1           40        1,600     * $18.52       ** N/A  *** $30,372.80
SSA-4290-F5 (Telephone)...................................          600            1           30          300      * 18.52       ** N/A    *** 5,741.20
                                                           ---------------------------------------------------------------------------------------------
    Totals................................................        3,000  ...........  ...........        1,900  ...........  ...........   *** 36,114.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on average Social and Human Service Assistant's hourly salary, as reported by Bureau of Labor Statistics.
** 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. Application to Collect a Fee for Payee Services--20 CFR 
404.2040a & 416.640a--0960-0719. Sections 205(j) and 1631(a) of the Act 
allow SSA to authorize certain organizational representative payees to 
collect a fee for providing payee services. Before an organization may 
collect this fee, they complete and submit Form SSA-445. SSA uses the 
information to determine whether to authorize or deny permission to 
collect fees for payee services. The respondents are private sector 
businesses, or State and local government offices, applying to become a 
fee-for-service organizational representative payee.
    Type of Request: Revision of an OMB-approved information 
collection.

----------------------------------------------------------------------------------------------------------------
                                                                         Estimated     Average
                                                             Average       total     theoretical   Total annual
     Modality of completion       Number of    Frequency    burden per     annual    hourly cost    opportunity
                                 respondents  of response    response      burden       amount    cost (dollars)
                                                            (minutes)     (hours)    (dollars) *        **
----------------------------------------------------------------------------------------------------------------
Private sector business........           80            1           13           17     * $17.41         ** $296
State/local government offices.           10            1           10            2      * 17.41           ** 35
                                --------------------------------------------------------------------------------
    Totals.....................           90  ...........  ...........           19  ...........          ** 331
----------------------------------------------------------------------------------------------------------------
* We based these figures on average Personal Care and Service Occupations hourly wages, as reported by Bureau of
  Labor Statistics data (https://www.bls.gov/oes/current/oes390000.htm).

[[Page 18473]]

 
** 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. Screen Pop--20 CFR 401.45--0960-0790. Section 205(a) of the 
Social Security Act requires SSA to verify the identity of individuals 
who request a record or information pertaining to themselves, and to 
establish procedures for disclosing personal information. SSA 
established Screen Pop, an automated telephone process, to speed up 
verification for such individuals. Accessing Screen Pop, callers enter 
their Social Security number (SSN) using their telephone keypad or 
speech technology prior to speaking with a National 800 Number Network 
(N8NN) agent. The automated Screen Pop application collects the SSN and 
routes it to the ``Start New Call'' Customer Help and Information 
(CHIP) screen. Functionality for the Screen Pop application ends once 
the SSN connects to the CHIP screen and the SSN routes to the agent's 
screen. When the call connects to the N8NN agent, the agent can use the 
SSN to access the caller's record as needed. The respondents for this 
collection are individuals who contact SSA's N8NN to speak with an 
agent.
    Type of Request: Revision of an OMB-approved information 
collection.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Average        Average wait
                                                                 Average  burden  Estimated total    theoretical        time for         Total annual
     Modality of completion         Number of     Frequency of    per  response    annual burden     hourly cost      teleservice      opportunity cost
                                   respondents      response        (minutes)         (hours)           amount          centers         (dollars) ***
                                                                                                     (dollars) *      (minutes) **
--------------------------------------------------------------------------------------------------------------------------------------------------------
Screen Pop......................   51,933,760                1                1          865,563         * $29.76            ** 17     *** $463,664,609
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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#00-00000).
** We based this figure on the average FY 2023 wait times for 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.

    5. Electronic Consent Based Social Security Number Verification--20 
CFR 400.100--0960-0817. The electronic Consent Based Social Security 
Number Verification (eCBSV) is a fee-based SSN verification service 
which allows permitted entities (a financial institution as defined by 
Section 509 of the Gramm-Leach-Bliley Act. 42 U.S.C. 405b(b)(4), Public 
Law 115-174, Title II, 215(b)(4), or service provider, subsidiary, 
affiliate, agent, subcontractor, or assignee of a financial 
institution), to verify that an individual's name, date of birth (DOB), 
and SSN match our records based on the SSN holder's signed, including 
electronic consent in connection with a credit transaction or any 
circumstance described in section 604 of the Fair Credit Reporting Act 
(15 U.S.C. 1681b).

Background

    SSA established the eCBSV service in response to section 215 of the 
Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018 
(Banking Bill), Public Law 115-174. Permitted entities are able to 
submit the SSN, name, and DOB of the number holder in connection with a 
credit transaction, or any circumstances described in Section 604 of 
the Fair Credit Reporting Act to SSA for verification via an 
application programming interface. eCBSV allows SSA to verify permitted 
entities who submit SSN, name, and DOB Matches, or does not match the 
data contained in SSA's records. After obtaining number holders' 
consents, a permitted entity submits the names, DOBs, and SSNs of 
number holders to the eCBSV service. SSA matches the information 
against our Master File, using SSN, name, and DOB. The eCBSV service 
responds in real time with a match, or no match indicator (and an 
indicator if our records show that the number holder died). SSA does 
not provide specific information on what data elements did not match, 
nor does SSA provide any SSNs or other identifiable information. The 
verification does not authenticate the identity of the number holders 
or conclusively prove the number holders we verify are who they are 
claiming to be.

Consent Requirements

    Under the eCBSV process, the permitted entities does not submit the 
number holder's consent forms to SSA. SSA requires each permitted 
entity to retain a valid consent for each SSN verification request 
submitted for a period of 5 years. SSA permits the permitted entities 
to retain the consent in an electronic format, and SSA requires a wet 
or electronic signature on the consent. Permitted entities may request 
verification of a number holder's SSN on behalf of a financial 
institution pursuant to the terms of the Banking Bill, the user 
agreement between SSA and the PE, and the SSN Holder's consent. The 
permitted entity ensures the financial institution agrees to the terms 
in the user agreement to only use the SSN verification for the purpose 
stated in the consent, and prohibits public entities from further using 
or disclosing the SSN verification. This relationship is subject to the 
terms in the user agreement between SSA and the PE.

Compliance Review

    SSA requires each permitted entity to undergo compliance reviews 
which are conducted by an SSA approved certified public accountant 
(CPA). The compliance reviews ensure the permitted entities meet all 
terms and conditions of the user agreement, including obtaining valid 
consent from number holders. The permitted entities pays all compliance 
review costs through the eCBSV fees. In general, SSA requests annual 
reviews with additional reviews as necessary. The CPA follows review 
standards established by the American Institute of Certified Public 
Accountants and contained in the Generally Accepted Government Auditing 
Standards (GAGAS).
    Initially, SSA only allowed 10 permitted entities access to use the 
service, with an estimated 307,000,000 requests. Now, with the open 
enrollment, eCBSV is available to all interested permitted entities, as 
defined in Section 215 of the Banking Bill with an estimated annual 
77,000,000 requests. The respondents are permitted entities; members of 
the public who consent to SSN verifications; and CPAs

[[Page 18474]]

who provide compliance review services.
    Type of Request: Revision of an OMB-approved information 
collection.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Average
                                                                                        Average burden     Estimated      theoretical     Total annual
                      Requirement                          Number of     Frequency of    per response    total annual     hourly cost   opportunity cost
                                                          respondents      response        (minutes)    burden (hours)      amount        (dollars) **
                                                                                                                          (dollars) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
(a) People whose SSNs SSA will verify--Reading and          76,000,000               1               3       3,800,000        * $12.81    ** $48,678,000
 Signing..............................................
(a) Sending in the verification request, calling our        76,000,000               1               1       1,266,667         * 41.39     ** 52,427,347
 system, getting a response...........................
(c) CPA Compliance Review and Report ***..............              21               1           4,800           1,680         * 41.70         ** 70,056
                                                       -------------------------------------------------------------------------------------------------
    Totals............................................     152,000,021  ..............  ..............       5,068,347  ..............    ** 101,175,403
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based these figures on average Business and Financial operations occupations (https://www.bls.gov/oes/current/oes130000.htm), and Accountants and
  Auditors hourly salaries (https://www.bls.gov/oes/current/oes132011.htm), as reported by Bureau of Labor Statistics data, and average DI payments, as
  reported in SSA's disability insurance payment data (https://www.ssa.gov/legislation/2023factsheet.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.
*** The enrollment process occurs automatically through the eCBSV Customer Connection, and entails providing consent for SSA to verify the EIN;
  electronically signing the eCBSV User Agreement, and the permitted entities certification; selecting their annual tier level; and linking to pay.gov
  to make payment for services.
**** There will be one CPA firm (an SSA-approved contractor) to conduct compliance reviews and prepare written reports of findings on the 113 permitted
  entities.

Cost Burden

    The public cost burden depends on the number of permitted entities 
using the service and the annual transaction volume. SSA based the 
current tier fee schedule below on 20 participating public entities in 
fiscal year (FY) 2023 submitting an anticipated annual volume of 65 
million transactions. For FY 2024, we are maintaining the current tier 
structure, based our analysis, which estimated 20 participating public 
entities with an anticipated annual volume of 52 million. Since our 
analysis and initial estimate, one permitted entity noted the potential 
for a significant increase in volume in FY 2024. The total cost for 
developing and operating the service is $62 million through FY 2023. Of 
this amount, $37 million remains unrecovered/unreimbursed. The current 
subscription tier structure and associated fees intend to recover these 
costs over a four-year period, assuming projected enrollments and 
transaction volumes meet these projections. SSA uses the fee to 
allocate for forecasted systems and operational expenses; agency 
oversight; and overhead necessary to sustain the service.

                                             eCBSV Tier Fee Schedule
----------------------------------------------------------------------------------------------------------------
                   Tier                                 Annual transaction threshold                Annual fee
----------------------------------------------------------------------------------------------------------------
1........................................  Up to 10,000 (1-10,000)..............................          $7,000
2........................................  Up to 200,000 (10,001-200,000).......................         130,000
3........................................  Up to 1 million (200,001-1 million)..................         630,000
4........................................  Up to 2.5 million (1,000,001-2.5 million)............       1,500,000
5........................................  Up to 5 million (2,500,001-5 million)................       3,000,000
6........................................  Up to 10 million (5,000,001-10 million)..............       4,500,000
7........................................  Up to 15 million (10,000,001-15 million).............       5,000,000
8........................................  Up to 20 million (15,000,001-20 million).............       6,250,000
9........................................  Up to 25 million (20,000,001-25 million).............       7,250,000
10.......................................  Up to 75 million (25,000,001-200 million)............       8,250,000
----------------------------------------------------------------------------------------------------------------

    SSA calculates fees based on forecasted systems and operational 
expenses, agency oversight, overhead, and Certified Public Accountant 
audit contract costs.
    Section 215(h)(1)(B) of the Banking Bill requires that the 
Commissioner shall ``periodically adjust'' the price paid by users to 
ensure that amounts collected are sufficient to fully offset the costs 
of administering the eCBSV system. SSA will monitor costs incurred to 
provide eCBSV services on at least and annual basis, and will revise 
the tier fee schedule accordingly. SSA will notify permitted entities 
of the tier fee schedule in effect at the renewal of the eCBSV user 
agreements; when a permitted entity begins a new 365-day agreement 
period; and via notice in the Federal Register. SSA will govern 
permitted entities renewals by the tier in effect at the time of 
renewal.
    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 April 12, 2024. Individuals can obtain copies of 
these OMB clearance packages by writing to the 
[email protected].
    Employee Work Activity Questionnaire--20 CFR 404.1574(a)(1)-(3)--
0960-0483. SSDI beneficiaries and SSI recipients qualify for payments 
when a verified physical or mental impairment prevents them from 
working. If disability claimants attempt

[[Page 18475]]

to return to work after receiving payments, but are unable to continue 
working, they submit Form SSA-3033, Employee Work Activity 
Questionnaire, so SSA can evaluate their work attempt. In addition, SSA 
uses this form to evaluate unsuccessful subsidy work and determine 
applicants' continuing eligibility for disability payments. The 
respondents are employers of SSDI beneficiaries and SSI recipients who 
unsuccessfully attempted to return to work.
    Type of Request: Revision of an OMB-approved information 
collection.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Average      Average wait
                                                                          Average burden     Estimated      theoretical      time for      Total annual
         Modality of completion              Number of     Frequency of    per response    total annual     hourly cost     teleservice     opportunity
                                            respondents      response        (minutes)    burden (hours)      amount          centers     cost (dollars)
                                                                                                            (dollars) *    (minutes) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-3033 Phone..........................           5,000               1              15           1,250          $59.07              19    *** $167,345
SSA-3033 Returned via mail..............          10,000               1              15           2,500           59.07  ..............     *** 147,675
                                         ---------------------------------------------------------------------------------------------------------------
    Totals..............................          15,000  ..............  ..............           3,750  ..............  ..............         315,020
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on average general and operations manager's hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes111021.htm).
** We based this figure on the average FY 2023 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: March 8, 2024.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2024-05296 Filed 3-12-24; 8:45 am]
BILLING CODE 4191-02-P