Agency Information Collection Activities: Proposed Request and Comment Request, 12068-12072 [2021-04165]
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices
SOCIAL SECURITY ADMINISTRATION
[Docket No: SSA–2021–0003]
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–2021–0003].
(SSA) Social Security Administration,
OLCA, Attn: Reports Clearance
Director, 3100 West High Rise, 6401
Security Blvd., Baltimore, MD 21235,
Fax: 410–966–2830, Email address:
OR.Reports.Clearance@ssa.gov
Or you may submit your comments
online through https://www.reginfo.gov/
public/do/PRAMain, referencing Docket
ID Number [SSA–2021–0003].
I. The information collections below
are pending at SSA. SSA will submit
them to OMB within 60 days from the
date of this notice. To be sure we
consider your comments, we must
receive them no later than April 30,
2021. Individuals can obtain copies of
the collection instruments by writing to
the above email address.
1. Certification by Religious Group—
20 CFR 404.1075—0960–0093. SSA is
responsible for determining whether
religious groups meet the qualifications
exempting certain members and sects
from payment of Self-Employment
Contribution Act taxes under the
Internal Revenue Code, Section 1402(g).
SSA sends Form SSA–1458,
Certification by Religious Group, to a
group’s authorized spokesperson to
complete and verify organizational
members meet or continue to meet the
criteria for exemption. The respondents
are spokespersons for religious groups
or sects.
Type of Request: Revision of an OMBapproved information collection.
Modality of completion
Number of
respondents
Frequency
of response
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
Average
theoretical
hourly cost
amount
(dollars) *
Total annual
opportunity
cost
(dollars) **
SSA–1458 ................................................
142
1
45
107
* $25.72
** $2,752
* We based this figure on the average U.S. citizen’s hourly salary, as reported by the U.S. Bureau of Labor Statistics (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. Filing Claims Under the Federal
Tort Claims Act—20 CFR 429.101–
429.110—0960–0667. The Federal Tort
Claims Act (FTCA) is the mechanism for
compensating people who Federal
employees injured through negligent or
wrongful acts that occurred during the
performance of those employees’ official
duties. SSA accepts claims filed under
the FTCA for damages against the
United States; loss of property; personal
injury; or death resulting from an SSA
employee’s wrongful act or omission.
The various types of claims included
under this information collection
request require claimants to provide
Number of
respondents
Regulation citations
Frequency of
response
Average
burden per
response
(minutes)
information SSA can use to determine
whether to make an award, compromise,
or settlement under the FTCA. The
respondents are individuals or entities
making a claim under the FTCA.
Type of Request: Revision of an OMBapproved information collection.
Average
theoretical
hourly cost
amount
(dollars) **
Estimated
total annual
burden
(hours)
Total annual
opportunity
cost
(dollars) ***
429.102; 429.103 * ...................................
429.104(a) ................................................
429.104(b) ................................................
429.104(c) ................................................
429.106(b) ................................................
1
11
43
1
8
1
1
1
1
1
1
5
5
5
10
0
1
4
0
1
** $25.72
** 25.72
** 25.72
** 25.72
** 25.72
*** $0
*** 26
*** 103
*** 0
*** 26
Totals ................................................
64
........................
........................
6
........................
*** 155
* We are including a one-hour placeholder burden for 20 CFR 429.102 and 429.103, as respondents complete OMB-approved Form SF–95,
OMB No. 1105–0008. Since the burden for these citations is covered under a separate OMB number, we are not double-counting the burden
here.
** We based this figure on the average U.S. citizen’s hourly salary, as reported by the U.S. Bureau of Labor Statistics (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.
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Modality of completion
beneficiaries, and to make a subsidy
decision. The respondents are Medicare
beneficiaries applying for the Part D
low-income subsidy.
Type of Request: Revision of an OMBapproved information collection.
subsidies for eligible Medicare
beneficiaries. SSA uses Form SSA–
1020, or the internet version, i1020, the
Application for Extra Help with
Medicare Prescription Drug Plan Costs,
to obtain income and resource
information from Medicare
3. Application for Extra Help with
Medicare Prescription Drug Plan
Costs—20 CFR 418.3101—0960–0696.
The Medicare Modernization Act of
2003 mandated the creation of the
Medicare Part D prescription drug
coverage program and the provision of
Frequency
of
response
Number of
respondents
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
Average
theoretical
hourly cost
amount
(dollars) *
Average
wait time in
field office
(minutes) **
Total annual
opportunity
cost
(dollars) ***
SSA–1020 (paper applications) .............................
i1020 (online applications)
Field Office Interviews .....
448,836
365,871
85,873
1
1
1
30
25
30
224,418
152,446
42,937
* $25.72
25.72
* 25.72
0
0
** 24
*** $5,772,031
*** 3,920,911
*** 1,987,796
Totals ........................
900,580
....................
....................
419,801
........................
........................
*** 11,680,738
* We based this figure on the average U.S. citizen’s hourly salary, as reported by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/
current/oes_nat.htm).
** We based this figure on the average FY 2020 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.
4. Rules of Conduct and Standards of
Responsibility for Appointed
Representatives—20 CFR
404.1740(b)(5), 404.1740(b)(6),
404.1740(b)(9), 416.1540(b)(5),
416.1540(b)(6), and 416.1540(b)(9)—
0960–0804. Section 205(a) of the Social
Security Act (Act) authorizes SSA’s
Commissioner to make rules and
regulations and to establish procedures
which are necessary or appropriate.
Section 1631(d)(1) of the Act
incorporates section 205(a) and applies
it to Title XVI of the Act. Additionally,
sections 206(a) and 1631(d)(2) of the Act
provide that the Commissioner has the
authority to establish rules and
regulations governing the recognition of
individuals who represent claimants
before the Commissioner. Individuals
appointed to represent claimants before
SSA must report to SSA in writing
whenever one of the following
situations in our revised regulations
occurs:
• 20 CFR 404.1740(b)(5) and
416.1540(b)(5)—These sections require
representatives to disclose to SSA in
writing, at the time a medical or
vocational opinion is submitted to SSA,
or as soon as the representative is aware
of the submission to us, if the
representative’s employee or any
individual contracting with the
representative drafted, prepared, or
issued a medical or vocational opinion
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about a claimant’s disability, or if the
representative referred or suggested that
the claimant seek an examination from,
treatment by, or the assistance of the
individual providing opinion evidence;
• 20 CFR 404.1740(b)(6) and
416.1540(b)(6)—These sections require
representatives to disclose to SSA
immediately if the representative
discovers that his or her services are or
were used by the claimant to commit
fraud against SSA;
• 20 CFR 404.1740(b)(7) and
416.1540(b)(7)—These sections require
representatives to disclose to SSA
whether the representative is or has
been disbarred or suspended from any
bar or court to which he or she was
previously admitted to practice,
including instances in which a bar or
court took administrative action to
disbar or suspend the representative in
lieu of disciplinary proceedings; If the
disbarment or suspension occurs after
the appointment of the representative,
the representative will immediately
disclose the disbarment or suspension
to SSA;
• 20 CFR 404.1740(b)(8) and
416.1540(b)(8)—These sections require
representatives to disclose to SSA
whether the representative is or has
been disqualified from participating in
or appearing before any Federal program
or agency, including instances in which
a Federal program or agency took
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administrative action to disqualify the
representative in lieu of disciplinary
proceedings. If the disqualification
occurs after the appointment of the
representative, the representative will
immediately disclose the
disqualification to SSA; and
• 20 CFR 404.1740(b)(9) and
416.1540(b)(9)—These sections require
representatives to disclose to SSA
whether the representative has been
removed from practice or suspended by
a professional licensing authority for
reasons that reflect on the
representative’s character, integrity,
judgment, reliability, or fitness to serve
as a fiduciary. If the removal or
suspension occurs after the appointment
of the representative, the representative
will immediately disclose the removal
or suspension to SSA.
A representative’s obligation to report
these events is ongoing, and SSA
requires representatives to report any
time one or more of these events occurs.
We consider this information essential
to ensure the integrity of our
administrative process and to safeguard
the rights of all claimants. SSA requires
representatives to notify SSA in writing,
but there is no prescribed format for
these reports. The respondents are
individuals appointed to represent
claimants before SSA.
Type of Request: Revision of an OMBapproved information collection.
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Number of
respondents
Modality of completion
Frequency of
response
Average
burden per
response
(minutes)
Average
theoretical
hourly cost
amount
(dollars) *
Estimated
total annual
burden
(hours)
Total annual
opportunity
cost
(dollars) **
404.1740(b)(5)/416.1540(b)(5) .................
404.1740(b)(6)/416.1540(b)(6) .................
404.1740(b)(7)/416.1540(b)(7) .................
404.1740(b)(8)/416.1540(b)(8) .................
404.170(b)(9)/416.1540(b)(9) ...................
43,600
2
50
10
10
1
1
1
1
1
5
5
5
5
5
3,633
0
4
1
1
* $26.45*
* 69.86
* 69.86
* 69.86
* 69.86
** $96,093
** 0
** 279
** 70
** 70
Totals ................................................
43,672
........................
........................
3,639
........................
** 96,512
* We based these figures on average hourly wages for paralegals/legal assistants and lawyers as posted by the U.S. Bureau of Labor Statistics (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
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 31, 2021. Individuals can obtain
copies of these OMB clearance packages
by writing to OR.Reports.Clearance@
ssa.gov.
1. Letter to Employer Requesting
Information About Wages Earned By
Beneficiary—20 CFR 404.1520,
404.1571–404.1576, 404.1584–404.1593,
and 416.971–416.976—0960–0034.
Social Security disability recipients
receive payments based on their
inability to engage in substantial gainful
activity (SGA) because of a physical or
mental condition. If the recipients work,
SSA must evaluate if they continue to
meet the disability requirements of the
law. When an individual is unable to
provide earnings information and SSA
does not have access to proof of
earnings, we use Form SSA–L725 to
request monthly earnings information
from the recipient’s employer. SSA
employees send the paper from SSA–
L725 to the employer to complete, and
use the earnings data we receive from
the employers to determine whether the
recipient is engaging in SGA, since work
above SGA level can cause a cessation
of disability payments. The respondents
are businesses that employ Social
Security disability recipients.
Type of Request: Revision of an OMBapproved information collection.
Modality of completion
Number of
respondents
Frequency of
response
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
Average
theoretical
hourly cost
amount
(dollars) *
Total annual
opportunity
cost
(dollars) **
SSA–L725 ................................................
170,000
1
40
113,333
* $22.79
** $2,582,859
* We based this figure on the average Payroll and Timekeeping Clerks hourly salary, as reported by the Bureau of Labor Statistics data
(https://www.bls.gov/oes/current/oes433051.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. Request for Review of Hearing
Decision/Order—20 CFR 404.967–
404.981, 416.1467–416.1481—0960–
0277. Claimants have a right under
current regulations to request review of
a judge’s hearing decision, or dismissal
of a hearing request on Title II and Title
XVI claims. Claimants may request
Appeals Council review by filing a
written request using paper Form HA–
Modality of completion
Number of
respondents
520, or the internet application, i520.
SSA uses the information we collect to
establish the claimant filed the request
for review within the prescribed time,
and to ensure the claimant completed
the requisite steps permitting the
Appeals Council review. The Appeals
Council then uses the information to: (1)
Document the claimant’s reason(s) for
disagreeing with the judge’s decision or
Average
burden per
response
(minutes)
Frequency of
response
Estimated
total annual
burden
(hours)
dismissal; (2) determine whether the
claimant has additional evidence to
submit; and (3) determine whether the
claimant has a representative or wants
to appoint one. The respondents are
claimants requesting review of a judge’s
decision or dismissal of hearing.
Type of Request: Revision of an OMBapproved information collection.
Average
theoretical
hourly cost
amount
(dollars) *
Average
wait time in
field office
(minutes) **
Total annual
opportunity
cost
(dollars) ***
HA–520—Paper ...........
i520—Internet ...............
37,900
113,700
1
1
10
15
6,317
28,425
* $10.95
* 10.95
** 24
........................
*** $235,173
*** 311,254
Totals ....................
151,600
........................
........................
34,742
........................
........................
*** 546,427
* We based this figure on average DI payments based on SSA’s current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf).
** We based this figure on the average FY 2020 wait times for field offices, based on SSA’s current management information data.
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*** 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.
evidence to make eligibility
determinations for Title II and Title XVI
payments. The applicants use Form
SSA–827, or the internet counterpart,
i827, to provide consent for the release
of medical records, education records,
and other information related to their
ability to perform tasks. Once the
applicant completes Form SSA–827, or
3. Authorization to Disclose
Information to SSA—20 CFR 404.1512
and 416.912, 45 CFR 160 and 164—
0960–0623. Sections 223(d)(5)(A) and
1614(a)(3)(H)(i) of the Act require
claimants to provide medical and other
evidence the Commissioner of Social
Security may require to prove they are
disabled. SSA must obtain sufficient
Modality of completion
Number of
respondents
Average
burden per
response
(minutes)
Frequency
of response
Estimated
total annual
burden
(hours)
the i827, SSA or the State DDS sends
the form to the designated source(s) to
obtain pertinent records. The
respondents are applicants for Title II
and Title XVI disability payments.
Type of Request: Revision of an OMBapproved information collection.
Average
theoretical
hourly cost
amount
(dollars) *
Average
wait time in
field office
(minutes) **
Total annual
opportunity
cost
(dollars) ***
SSA–827 with electronic
signature (EDCS &
eAuthorization) .............
SSA–827 with wet signature (paper version) ......
4,189,270
1
9
628,391
* $10.95
........................
*** $6,880,881
1,055,807
1
10
175,968
* 10.95
** 24
*** 6,551,286
Totals ........................
5,245,077
....................
....................
804,359
........................
........................
*** 13,432,167
* We based this figure on average DI payments based on SSA’s current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf).
** We based this figure on the average FY 2020 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.
4. State Death Match Collections—20
CFR 404.301, 404.310–404.311, 404.316,
404.330–404.341, 404.350–404.352,
404.371, and 416.912—0960–0700. SSA
uses the State Death Match Collections
to ensure the accuracy of payment files
by detecting unreported or inaccurate
deaths of beneficiaries. Under the Act,
entitlement to retirement, disability,
wife’s, husband’s, or parent’s benefits
terminate when the beneficiary dies.
The states furnish death certificate
information to SSA via the manual
registration process or the Electronic
Number of
respondents
Modality of completion
State Death Match-CyberFusion/GSO:
Non-EDR Records from EDR sites ..
State Death Match-CyberFusion/GSO:
Non-EDR sites ..................................
Frequency of
response
Average cost
per record
request
Death Registration Process (EDR). Both
death match processes are automated
electronic transfers between the states
and SSA. The respondents are the
states’ bureaus of vital statistics.
Type of Request: Revision of an OMBapproved information collection.
Estimated
total annual
burden
(hours)
Average
theoretical
hourly cost
amount
(dollars) **
Total annual
opportunity
cost
(dollars) ***
39
68,621
$0.88
$2,355,072
** $21.09
*** $1,447,217
5
187,570
0.88
825,308
** 21.09
*** 3,955,851
Total: Non-EDR ............................
State Death Match-EDR ......................
States Expected to Become—State
Death Match-EDR Within the Next 3
Years ** .............................................
Totals: EDR and Expected EDR ..
44
48
........................
2,573,956
........................
2.05
3,180,380
253,277,270
........................
** 21.09
5,403,068
*** 54,284,732
5
53
62,600
........................
3.17
........................
992,210
254,269,480
** 21.09
........................
*** 1,320,234
*** 55,604,966
Grand Totals ..........................
97
........................
........................
257,449,860
........................
*** 61,008,034
* Please note that both of these data matching processes are electronic and there is only a cost burden, and no hourly burden for the respondent to provide this information.
** We based this figure on the average State BVSs hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes434199.htm).
*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application;
rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual
charge to respondents to complete the application.
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12072
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices
Dated: February 24, 2021.
Naomi Sipple,
Reports Clearance Officer, Social Security
Administration.
[FR Doc. 2021–04165 Filed 2–26–21; 8:45 am]
BILLING CODE 4191–02–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2020–0007]
Privacy Act of 1974; System of
Records
AGENCY:
Social Security Administration
(SSA).
ACTION:
Notice of a modified system of
records.
In accordance with the
Privacy Act, we are issuing public
notice of our intent to modify an
existing system of records entitled,
Travel and Border Crossing Records
(60–0389), last published on March 3,
2019. This notice publishes details of
the modified system as set forth under
the caption, SUPPLEMENTARY
INFORMATION.
SUMMARY:
The system of records notice
(SORN) is applicable upon its
publication in today’s Federal Register,
with the exception of the routine uses,
which are effective March 31, 2021. We
invite public comment on the routine
uses or other aspects of this SORN. In
accordance with 5 U.S.C. 552a(e)(4) and
(e)(11), the public is given a 30-day
period in which to submit comments.
Therefore, please submit any comments
by March 31, 2021.
ADDRESSES: The public, Office of
Management and Budget (OMB), and
Congress may comment on this
publication by writing to the Executive
Director, Office of Privacy and
Disclosure, Office of the General
Counsel, SSA, Room G–401 West High
Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401, or
through the Federal e-Rulemaking Portal
at https://www.regulations.gov. Please
reference docket number SSA–2020–
0007. All comments we receive will be
available for public inspection at the
above address and we will post them to
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Navdeep Sarai, Government Information
Specialist, Privacy Implementation
Division, Office of Privacy and
Disclosure, Office of the General
Counsel, SSA, Room G–401 West High
Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401,
telephone: 410–966–5855, email:
Navdeep.Sarai@ssa.gov.
DATES:
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We are
modifying the system manager to
include up-to-date contact information
per OMB Circular A–108, ‘‘Federal
Agency Responsibilities for Review,
Reporting, and Publication under the
Privacy Act.’’ We are modifying the
policies and practices for retention and
disposal of records to include the
National Archives and Records
Administration (NARA) General
Records Schedule (GRS) 4.2 Information
Access and Protection Records, Item
130, Personally Identifiable Information
Extracts. Lastly, we are modifying the
notice throughout to correct
miscellaneous stylistic formatting and
typographical errors of the previously
published notice to ensure the language
reads consistently across multiple
systems. We are republishing the entire
notice for ease of reference.
In an effort to mitigate improper
payments, we established the Travel
and Border Crossing Records to collect
information about applicants,
beneficiaries, and recipients under
Titles II, XVI, and XVIII who are or have
been absent from the United States
(U.S.) for certain periods of time.
Generally, we rely on individuals to
self-report their foreign travel.
Oftentimes, we do not receive these
reports or we receive them untimely,
which results in improper payments. In
general, we suspend Title II benefits to
aliens who remain outside of the U.S.
for more than six consecutive calendar
months. We generally suspend Title II
benefits to both U.S. citizens and nonU.S. citizens who travel to a country
where payment is restricted by the U.S.
Additionally, we suspend Title XVI
payments to both citizen and noncitizen recipients who are outside of the
U.S. for a full calendar month or 30
consecutive days or longer. SSA is not
responsible for making Title XVIII
payment determinations on claims for
services submitted to the Centers for
Medicare and Medicaid Services.
However, the information collected in
this system will be used for two
purposes relating to Title XVIII. First,
because Medicare enrollment criteria
requires residence in the U.S., SSA will
use this information to make initial and
reconsideration decisions on Medicare
entitlement claims. Second, SSA will
use this information to make
determinations on physical presence in
the U.S. and will update the Master
Beneficiary Record (MBR) system of
records with those determinations. The
Centers for Medicare and Medicaid
Services may use information from the
MBR in making decisions on whether a
Medicare claim can be paid.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00154
Fmt 4703
Sfmt 4703
In accordance with 5 U.S.C. 552a(r),
we provided a report to OMB and
Congress on this modified system of
records.
Matthew Ramsey,
Executive Director, Office of Privacy and
Disclosure, Office of the General Counsel.
System Name and Number
Travel and Border Crossing Records,
60–0389.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Social Security Administration,
Deputy Commissioner of Operations,
Office of Electronic Services and
Technology, Division of Programmatic
Applications, 6401 Security Boulevard,
Baltimore, MD 21235.
SYSTEM MANAGER(S):
Social Security Administration,
Deputy Commissioner of Operations,
Office of Electronic Services and
Technology, Division of Programmatic
Applications, 6401 Security Boulevard,
Baltimore, MD 21235, 410–965–5855
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 202(n), (t), and (y), 1611(f),
1818 and 1836 of the Social Security
Act (42 U.S.C. 402(n), (t), and (y),
1382(f), 1395i–2, and 1395o); 8 U.S.C.
1373(c).
PURPOSE(S) OF THE SYSTEM:
We will use the information in this
system to identify applicants,
beneficiaries, and recipients under
Titles II, XVI, and XVIII of the Social
Security Act who have had absences
from the U.S. to establish or verify
initial or ongoing entitlement to or
eligibility for benefits or payments
under Titles II, XVI, and XVIII of the
Social Security Act.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Applicants, recipients, and
beneficiaries under Titles II, XVI, and
XVIII of the Social Security Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains information
collected about applicants, recipients, or
beneficiaries under Titles II, XVI, and
XVIII of the Social Security Act who
have had absences from the U.S. The
information may include name, Social
Security number (SSN), date of birth,
gender, country of citizenship, country
of travel, deportation information, alien
registration number, immigration
document type and number, travel
mode, date and time of departure from
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 12068-12072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04165]
[[Page 12068]]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
[Docket No: SSA-2021-0003]
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-2021-0003].
(SSA) Social Security Administration, OLCA, Attn: Reports Clearance
Director, 3100 West High Rise, 6401 Security Blvd., Baltimore, MD
21235, Fax: 410-966-2830, Email address: [email protected]
Or you may submit your comments online through https://www.reginfo.gov/public/do/PRAMain, referencing Docket ID Number [SSA-
2021-0003].
I. The information collections below are pending at SSA. SSA will
submit them to OMB within 60 days from the date of this notice. To be
sure we consider your comments, we must receive them no later than
April 30, 2021. Individuals can obtain copies of the collection
instruments by writing to the above email address.
1. Certification by Religious Group--20 CFR 404.1075--0960-0093.
SSA is responsible for determining whether religious groups meet the
qualifications exempting certain members and sects from payment of
Self-Employment Contribution Act taxes under the Internal Revenue Code,
Section 1402(g). SSA sends Form SSA-1458, Certification by Religious
Group, to a group's authorized spokesperson to complete and verify
organizational members meet or continue to meet the criteria for
exemption. The respondents are spokespersons for religious groups or
sects.
Type of Request: Revision of an OMB-approved information
collection.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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) * **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-1458.......................................... 142 1 45 107 * $25.72 ** $2,752
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on the average U.S. citizen's hourly salary, as reported by the U.S. Bureau of Labor Statistics (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. Filing Claims Under the Federal Tort Claims Act--20 CFR 429.101-
429.110--0960-0667. The Federal Tort Claims Act (FTCA) is the mechanism
for compensating people who Federal employees injured through negligent
or wrongful acts that occurred during the performance of those
employees' official duties. SSA accepts claims filed under the FTCA for
damages against the United States; loss of property; personal injury;
or death resulting from an SSA employee's wrongful act or omission. The
various types of claims included under this information collection
request require claimants to provide information SSA can use to
determine whether to make an award, compromise, or settlement under the
FTCA. The respondents are individuals or entities making a claim under
the FTCA.
Type of Request: Revision of an OMB-approved information
collection.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
Average burden Estimated theoretical Total annual
Regulation citations Number of Frequency of per response total annual hourly cost opportunity
respondents response (minutes) burden (hours) amount cost (dollars)
(dollars) ** ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
429.102; 429.103 \*\.................................... 1 1 1 0 ** $25.72 *** $0
429.104(a).............................................. 11 1 5 1 ** 25.72 *** 26
429.104(b).............................................. 43 1 5 4 ** 25.72 *** 103
429.104(c).............................................. 1 1 5 0 ** 25.72 *** 0
429.106(b).............................................. 8 1 10 1 ** 25.72 *** 26
-----------------------------------------------------------------------------------------------
Totals.............................................. 64 .............. .............. 6 .............. *** 155
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We are including a one-hour placeholder burden for 20 CFR 429.102 and 429.103, as respondents complete OMB-approved Form SF-95, OMB No. 1105-0008.
Since the burden for these citations is covered under a separate OMB number, we are not double-counting the burden here.
** We based this figure on the average U.S. citizen's hourly salary, as reported by the U.S. Bureau of Labor Statistics (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.
[[Page 12069]]
3. Application for Extra Help with Medicare Prescription Drug Plan
Costs--20 CFR 418.3101--0960-0696. The Medicare Modernization Act of
2003 mandated the creation of the Medicare Part D prescription drug
coverage program and the provision of subsidies for eligible Medicare
beneficiaries. SSA uses Form SSA-1020, or the internet version, i1020,
the Application for Extra Help with Medicare Prescription Drug Plan
Costs, to obtain income and resource information from Medicare
beneficiaries, and to make a subsidy decision. The respondents are
Medicare beneficiaries applying for the Part D low-income subsidy.
Type of Request: Revision of an OMB-approved information
collection.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
Average Estimated theoretical Average wait Total annual
Modality of completion Number of Frequency burden per total annual hourly cost time in field opportunity cost
respondents of response response burden (hours) amount office (dollars) ***
(minutes) (dollars) * (minutes) **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-1020 (paper applications)............... 448,836 1 30 224,418 * $25.72 0 *** $5,772,031
i1020 (online applications)................. 365,871 1 25 152,446 25.72 0 *** 3,920,911
Field Office Interviews..................... 85,873 1 30 42,937 * 25.72 ** 24 *** 1,987,796
-----------------------------------------------------------------------------------------------------------
Totals.................................. 900,580 ........... ........... 419,801 .............. .............. *** 11,680,738
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on the average U.S. citizen's hourly salary, as reported by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/current/oes_nat.htm).
** We based this figure on the average FY 2020 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.
4. Rules of Conduct and Standards of Responsibility for Appointed
Representatives--20 CFR 404.1740(b)(5), 404.1740(b)(6), 404.1740(b)(9),
416.1540(b)(5), 416.1540(b)(6), and 416.1540(b)(9)--0960-0804. Section
205(a) of the Social Security Act (Act) authorizes SSA's Commissioner
to make rules and regulations and to establish procedures which are
necessary or appropriate. Section 1631(d)(1) of the Act incorporates
section 205(a) and applies it to Title XVI of the Act. Additionally,
sections 206(a) and 1631(d)(2) of the Act provide that the Commissioner
has the authority to establish rules and regulations governing the
recognition of individuals who represent claimants before the
Commissioner. Individuals appointed to represent claimants before SSA
must report to SSA in writing whenever one of the following situations
in our revised regulations occurs:
20 CFR 404.1740(b)(5) and 416.1540(b)(5)--These sections
require representatives to disclose to SSA in writing, at the time a
medical or vocational opinion is submitted to SSA, or as soon as the
representative is aware of the submission to us, if the
representative's employee or any individual contracting with the
representative drafted, prepared, or issued a medical or vocational
opinion about a claimant's disability, or if the representative
referred or suggested that the claimant seek an examination from,
treatment by, or the assistance of the individual providing opinion
evidence;
20 CFR 404.1740(b)(6) and 416.1540(b)(6)--These sections
require representatives to disclose to SSA immediately if the
representative discovers that his or her services are or were used by
the claimant to commit fraud against SSA;
20 CFR 404.1740(b)(7) and 416.1540(b)(7)--These sections
require representatives to disclose to SSA whether the representative
is or has been disbarred or suspended from any bar or court to which he
or she was previously admitted to practice, including instances in
which a bar or court took administrative action to disbar or suspend
the representative in lieu of disciplinary proceedings; If the
disbarment or suspension occurs after the appointment of the
representative, the representative will immediately disclose the
disbarment or suspension to SSA;
20 CFR 404.1740(b)(8) and 416.1540(b)(8)--These sections
require representatives to disclose to SSA whether the representative
is or has been disqualified from participating in or appearing before
any Federal program or agency, including instances in which a Federal
program or agency took administrative action to disqualify the
representative in lieu of disciplinary proceedings. If the
disqualification occurs after the appointment of the representative,
the representative will immediately disclose the disqualification to
SSA; and
20 CFR 404.1740(b)(9) and 416.1540(b)(9)--These sections
require representatives to disclose to SSA whether the representative
has been removed from practice or suspended by a professional licensing
authority for reasons that reflect on the representative's character,
integrity, judgment, reliability, or fitness to serve as a fiduciary.
If the removal or suspension occurs after the appointment of the
representative, the representative will immediately disclose the
removal or suspension to SSA.
A representative's obligation to report these events is ongoing,
and SSA requires representatives to report any time one or more of
these events occurs. We consider this information essential to ensure
the integrity of our administrative process and to safeguard the rights
of all claimants. SSA requires representatives to notify SSA in
writing, but there is no prescribed format for these reports. The
respondents are individuals appointed to represent claimants before
SSA.
Type of Request: Revision of an OMB-approved information
collection.
[[Page 12070]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
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) * **
--------------------------------------------------------------------------------------------------------------------------------------------------------
404.1740(b)(5)/416.1540(b)(5)........................... 43,600 1 5 3,633 * $26.45* ** $96,093
404.1740(b)(6)/416.1540(b)(6)........................... 2 1 5 0 * 69.86 ** 0
404.1740(b)(7)/416.1540(b)(7)........................... 50 1 5 4 * 69.86 ** 279
404.1740(b)(8)/416.1540(b)(8)........................... 10 1 5 1 * 69.86 ** 70
404.170(b)(9)/416.1540(b)(9)............................ 10 1 5 1 * 69.86 ** 70
-----------------------------------------------------------------------------------------------
Totals.............................................. 43,672 .............. .............. 3,639 .............. ** 96,512
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based these figures on average hourly wages for paralegals/legal assistants and lawyers as posted by the U.S. Bureau of Labor Statistics (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 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 31, 2021. Individuals can obtain copies of
these OMB clearance packages by writing to
[email protected].
1. Letter to Employer Requesting Information About Wages Earned By
Beneficiary--20 CFR 404.1520, 404.1571-404.1576, 404.1584-404.1593, and
416.971-416.976--0960-0034. Social Security disability recipients
receive payments based on their inability to engage in substantial
gainful activity (SGA) because of a physical or mental condition. If
the recipients work, SSA must evaluate if they continue to meet the
disability requirements of the law. When an individual is unable to
provide earnings information and SSA does not have access to proof of
earnings, we use Form SSA-L725 to request monthly earnings information
from the recipient's employer. SSA employees send the paper from SSA-
L725 to the employer to complete, and use the earnings data we receive
from the employers to determine whether the recipient is engaging in
SGA, since work above SGA level can cause a cessation of disability
payments. The respondents are businesses that employ Social Security
disability recipients.
Type of Request: Revision of an OMB-approved information
collection.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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) * **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-L725.......................................... 170,000 1 40 113,333 * $22.79 ** $2,582,859
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on the average Payroll and Timekeeping Clerks hourly salary, as reported by the Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes433051.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. Request for Review of Hearing Decision/Order--20 CFR 404.967-
404.981, 416.1467-416.1481--0960-0277. Claimants have a right under
current regulations to request review of a judge's hearing decision, or
dismissal of a hearing request on Title II and Title XVI claims.
Claimants may request Appeals Council review by filing a written
request using paper Form HA-520, or the internet application, i520. SSA
uses the information we collect to establish the claimant filed the
request for review within the prescribed time, and to ensure the
claimant completed the requisite steps permitting the Appeals Council
review. The Appeals Council then uses the information to: (1) Document
the claimant's reason(s) for disagreeing with the judge's decision or
dismissal; (2) determine whether the claimant has additional evidence
to submit; and (3) determine whether the claimant has a representative
or wants to appoint one. The respondents are claimants requesting
review of a judge's decision or dismissal of hearing.
Type of Request: Revision of an OMB-approved information
collection.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
Average burden Estimated theoretical Average wait Total annual
Modality of completion Number of Frequency of per response total annual hourly cost time in field opportunity
respondents response (minutes) burden (hours) amount office cost (dollars)
(dollars) * (minutes) ** ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
HA-520--Paper........................... 37,900 1 10 6,317 * $10.95 ** 24 *** $235,173
i520--Internet.......................... 113,700 1 15 28,425 * 10.95 .............. *** 311,254
---------------------------------------------------------------------------------------------------------------
Totals.............................. 151,600 .............. .............. 34,742 .............. .............. *** 546,427
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on average DI payments based on SSA's current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf).
** We based this figure on the average FY 2020 wait times for field offices, based on SSA's current management information data.
[[Page 12071]]
*** 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. Authorization to Disclose Information to SSA--20 CFR 404.1512
and 416.912, 45 CFR 160 and 164--0960-0623. Sections 223(d)(5)(A) and
1614(a)(3)(H)(i) of the Act require claimants to provide medical and
other evidence the Commissioner of Social Security may require to prove
they are disabled. SSA must obtain sufficient evidence to make
eligibility determinations for Title II and Title XVI payments. The
applicants use Form SSA-827, or the internet counterpart, i827, to
provide consent for the release of medical records, education records,
and other information related to their ability to perform tasks. Once
the applicant completes Form SSA-827, or the i827, SSA or the State DDS
sends the form to the designated source(s) to obtain pertinent records.
The respondents are applicants for Title II and Title XVI disability
payments.
Type of Request: Revision of an OMB-approved information
collection.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
Average Estimated theoretical Average wait Total annual
Modality of completion Number of Frequency burden per total annual hourly cost time in field opportunity cost
respondents of response response burden (hours) amount office (dollars) ***
(minutes) (dollars) * (minutes) **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-827 with electronic signature (EDCS & 4,189,270 1 9 628,391 * $10.95 .............. *** $6,880,881
eAuthorization)............................
SSA-827 with wet signature (paper version).. 1,055,807 1 10 175,968 * 10.95 ** 24 *** 6,551,286
-----------------------------------------------------------------------------------------------------------
Totals.................................. 5,245,077 ........... ........... 804,359 .............. .............. *** 13,432,167
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on average DI payments based on SSA's current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf).
** We based this figure on the average FY 2020 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.
4. State Death Match Collections--20 CFR 404.301, 404.310-404.311,
404.316, 404.330-404.341, 404.350-404.352, 404.371, and 416.912--0960-
0700. SSA uses the State Death Match Collections to ensure the accuracy
of payment files by detecting unreported or inaccurate deaths of
beneficiaries. Under the Act, entitlement to retirement, disability,
wife's, husband's, or parent's benefits terminate when the beneficiary
dies. The states furnish death certificate information to SSA via the
manual registration process or the Electronic Death Registration
Process (EDR). Both death match processes are automated electronic
transfers between the states and SSA. The respondents are the states'
bureaus of vital statistics.
Type of Request: Revision of an OMB-approved information
collection.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
Average cost Estimated theoretical Total annual
Modality of completion Number of Frequency of per record total annual hourly cost opportunity cost
respondents response request burden (hours) amount (dollars) ***
(dollars) **
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Death Match[dash]CyberFusion/GSO: Non-EDR 39 68,621 $0.88 $2,355,072 ** $21.09 *** $1,447,217
Records from EDR sites...............................
State Death Match[dash]CyberFusion/GSO: Non-EDR sites. 5 187,570 0.88 825,308 ** 21.09 *** 3,955,851
-------------------------------------------------------------------------------------------------
Total: Non-EDR.................................... 44 .............. .............. 3,180,380 .............. 5,403,068
State Death Match-EDR................................. 48 2,573,956 2.05 253,277,270 ** 21.09 *** 54,284,732
States Expected to Become--State Death Match-EDR 5 62,600 3.17 992,210 ** 21.09 *** 1,320,234
Within the Next 3 Years **...........................
Totals: EDR and Expected EDR...................... 53 .............. .............. 254,269,480 .............. *** 55,604,966
-------------------------------------------------------------------------------------------------
Grand Totals.................................. 97 .............. .............. 257,449,860 .............. *** 61,008,034
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Please note that both of these data matching processes are electronic and there is only a cost burden, and no hourly burden for the respondent to
provide this information.
** We based this figure on the average State BVSs hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes434199.htm).
*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather,
these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
respondents to complete the application.
[[Page 12072]]
Dated: February 24, 2021.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2021-04165 Filed 2-26-21; 8:45 am]
BILLING CODE 4191-02-P
