[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]]
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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]]
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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)
**
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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)..................................
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Totals................................................ 500,000 ........... ........... 475,000 ........... ........... *** 8,326,500
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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 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.
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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)
**
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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
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Totals................................................ 3,000 ........... ........... 1,900 ........... ........... *** 36,114.00
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* 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.
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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) * **
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Private sector business........ 80 1 13 17 * $17.41 ** $296
State/local government offices. 10 1 10 2 * 17.41 ** 35
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Totals..................... 90 ........... ........... 19 ........... ** 331
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* 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.
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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) **
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Screen Pop...................... 51,933,760 1 1 865,563 * $29.76 ** 17 *** $463,664,609
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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#00-00000).
** 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.
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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) *
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(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
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Totals............................................ 152,000,021 .............. .............. 5,068,347 .............. ** 101,175,403
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* 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
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Tier Annual transaction threshold Annual fee
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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
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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.
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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) ** ***
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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
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Totals.............................. 15,000 .............. .............. 3,750 .............. .............. 315,020
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* 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]
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