2024-24391. Agency Information Collection Activities: Comment Request

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) **
Internet Survey (including informed consent and screener)	5,000	1	35	2,917	$7.25	$21,148
Paper Survey (including informed consent and screener)	3,500	1	35	2,280	7.25	16,530
Telephone Survey (including informed consent and screener)	1,500	1	40	1,000	7.25	7,250
Totals	10,000			6,197		44,928
* We base this figure on the Federal minimum wage of $7.25, as survey participants will have recently applied for SSA disability benefits and will typically not have started receiving benefits yet ( https://www.dol.gov/​general/​topic/​wages/​minimumwage).
Note: Our contractor will schedule an appointment to call the recipient at their preferred date and time; therefore, the respondents will not incur an average wait time. ( print page 84433)
** 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. Statutory Benefit Continuation Election Statement—20 CFR 404.1597a, and 416.996—0960-NEW. Sections 223(g) and 1631(a)(7) of the Social Security Act (Act) provide that, when a disability Title II beneficiary or Title XVI recipient requests an appeal of a Social Security Administration's (SSA) determination stating that their physical or mental impairment(s) ceased or is no longer disabling during a continuing disability review (CDR), the individual has the right to request disability benefits continue during their appeal. This process, known as Statutory Benefit Continuation (SBC), follows regulations set forth in 20 CFR 404.1597a(f) and 416.996(c-d) of the Code of Federal Regulations (Code). Currently, when SSA determines an individual's disability ceased or is no longer disabling, SSA sends the individual a notice of benefit termination informing them within 10 days after receipt of the notice their disability benefits will end, and they must submit in writing, or use Form SSA-795, Statement of Claimant or Other Person (OMB No. 0960-0045), to complete a statement to elect or decline continuation of benefits. However, Form SSA-795 does not specifically address SBC elections, which often leads to incomplete submissions for those cases. For SBC cases, SSA's field office staff frequently need to follow-up with individuals to clarify their election or explain the available options. The SBC election is effective until SSA makes the determination or decision at the applicable appeal level. SSA requires the individual to make a separate election at each level of appeal, through the hearing level before an administrative law judge (ALJ). SBC is not available at the appeals council (AC) or federal court levels; however, if the AC remands a case back to the ALJ hearing level, and the individual did not previously elect SBC, SSA grants the individual another opportunity to make an SBC election at that time. If the individual elected SBC at a prior ALJ hearing level, the field office (FO) automatically reinstates SBC after the AC sends the case to the hearing office. The FO reinstates benefits retroactive to the first month of non-payment resulting from the now vacated prior ALJ decision. A claimant has two opportunities to elect SBC during the appeal process: (1) the claimant can request SBC when appealing at the reconsideration level and then again at the hearing level, and (2) the claimant can request SBC at the hearing level only.

The following individuals are eligible for SCB: SSI recipients whose benefits are based on disability or blindness; primary disability insurance beneficiaries; auxiliaries receiving benefits on the record of a primary disability beneficiary, disabled widow or widowers, disabled adult children; mothers or fathers receiving benefits based on having a disabled adult child in their care, and mothers or fathers receiving benefits based on having in their care a child under age 18 but over age 15 who is disabled and receiving child's benefits.

SSA is requesting OMB approval of Form SSA-792, Statutory Benefit Continuation Election Statement to standardize our collection of an individual's benefit continuation election choice. Form SSA-792 will allow the individual to elect from a variety of options available to them for continued disability benefits and Medicare coverage. The respondents are Title II and Title XVI disability beneficiaries and recipients and Title II auxiliaries.

Type of Request: Request for a new 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) *	Average wait time in field office (minutes) **	Total annual opportunity cost (dollars) ***
Reconsideration Appeal Level: Form SSA-792	60,038	1	40	40,025	* $22.39	** 24	*** $1,433,856
Hearing Appeal Level: Form SSA-792	17,107	1	40	11,405	* 22.39	** 24	*** 408,573
Totals	77,145			51,430			*** 1,842,429
* We based this figure on the average of both DI payments based on SSA's current FY 2024 data ( https://mwww.ba.ssa.gov/​legislation/​2024FactSheet.pdf), and U.S. worker's hourly wages, as reported by Bureau of Labor Statistics data ( https://www.bls.gov/​oes/​current/​oes_​nat.htm).
** We based this figure on averaging the average FY 2024 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.

3. Disability Report-Appeal—20 CFR 404.1512, 416.912, 404.916(c), 416.1416(c), 422.140, 404.1713, 416.1513, 404.1740(b)(4), 416.1540(b)(4), and 405 Subpart C—0960-0144. SSA requires disability applicants who wish to appeal an unfavorable determination to complete Form SSA-3441-BK; the associated Electronic Disability Collect System (EDCS) interview; or the internet application, i3441. This allows claimants to disclose any changes to their disability, or resources, which might influence SSA's unfavorable determination. SSA may use the information to: (1) reconsider and review an initial disability determination; (2) review a continuing disability; and (3) evaluate a request for a hearing. This information assists the State Disability Determination Services (DDS) and ALJ in preparing for the appeals and hearings, and in issuing a determination or decision on an individual's entitlement (initial or continuing) to disability benefits. In addition, the information we collect on the SSA-3441-BK, or related modalities, facilitates SSA's collection of medical information to support the applicant's request for reconsideration; request for benefits cessation appeal; and request for a hearing before an ALJ. Respondents are individuals who appeal denial, reduction, or cessation of Social Security disability benefits and Supplemental Security Income (SSI) payments; individuals who wish to request a hearing before an ALJ; or their representatives.

Type of Request: Revision of an OMB-approved information collection. ( print page 84434)

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) *	Average wait time in field office (minutes) **	Total annual opportunity cost (dollars) ***
SSA-3441-BK (Paper Form)	24,645	1	50	20,538	* $13.31		*** $273,361
Electronic Disability Collect System (EDCS)—Individuals	159,971	1	50	133,309	* 13.31	** 24	*** 2,626,023
Electronic Disability Collect System (EDCS)—Representatives	44,192	1	45	33,144	* 58.40		*** 1,935,610
i3441 (Internet Application)—Individuals	696,896	1	33	383,293	* 13.31		*** 5,101,630
i3441 (Internet Application)—Representatives	583,031	1	28	272,081	* 58.40		*** 15,889,530
Totals	1,508,735			842,365			*** 25,826,154
* We based these figures on average DI hourly wages for single students based on SSA's current FY 2024 data ( https://mwww.ba.ssa.gov/​legislation/​2024FactSheet.pdf) and average U.S. citizen's hourly salary, as reported by Bureau of Labor Statistics data ( https://www.bls.gov/​oes/​current/​oes231011.htm), as well as a combination of those two figures (for the paper form, as we do not collect data on whether the paper forms are filled out by individuals or representatives or both).
** We based this figure on the average FY 2024 wait times for field offices, and the average teleservice wait time 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. Request for 800# Automated Telephone Services Knowledge-Based Authentication (RISA-KBA)—20 CFR 401.45—0960-0596. The Request for 800# Automated Telephone Services Knowledge-Based Authentication is the knowledge-based authentication method SSA uses to allow individuals access to their personal information through our Automated Telephone Services. SSA's system asks requestors using the automated telephone services to provide additional identifying information unique to those individuals so SSA can authenticate their identities before releasing personal information. The system requests this unique identifying information to authenticate both individuals and third parties who use our automated telephone system to seek personal information from SSA records, or to make changes to SSA records. The respondents are current beneficiaries, or third parties who use the automated telephone system to request personal information from SSA.

Type of Request: Revision of an OMB-approved 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) **
Automated Telephone Requestors	1,716,315	1	4	114,421	* $31.48	** $3,601,973
* We based these figures on average U.S. citizen's hourly salary, as reported by Bureau of Labor Statistics data ( https://www.bls.gov/​oes/​current/​oes231011.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.

5. Prohibition of Payment of SSI Benefits to Fugitive Felons and Parole/Probation Violators—20 CFR 416.708(o)—0960-0617. Section 1611(e)(4) of the Act precludes eligibility for SSI payments for certain fugitives and probation or parole violators. Our regulation at 20 CFR 416.708(o) requires individuals applying for, or receiving SSI to report to SSA that: (1) they are fleeing to avoid prosecution for a crime; (2) they are fleeing to avoid custody or confinement after conviction of a crime; or (3) they are violating a condition of probation or parole. SSA uses the information we receive to determine eligibility on an initial claim for SSI payments or a redetermination of existing recipients. The collection is mandatory to ensure that an applicant or recipient does not have a warrant for one of the three fleeing codes. If the respondent has a warrant for one of the three fleeing codes, SSA uses this information to deny payments. The respondents are SSI applicants and recipients, or their representative payees, who are reporting their status as a fugitive felon or probation or parole violator.

Type of Request: Revision of an OMB-approved 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) **
Fugitive Felon and Parole or Probation Violation screens within the SSI Claims System	1,000	1	1	17	$31.48*	$535**
* 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#00-0000).
** 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.

6. Testimony by Employees and the Production of Records and Information in Legal Proceedings—20 CFR 403.100-403.155—0960-0619. Regulations at 20 CFR 403.100-403.155 of the Code establish SSA's policies and procedures ( print page 84435) for an individual; organization; or government entity to request official agency information, records, or testimony of an agency employee in a legal proceeding when the agency is not a party. The request, which respondents submit in writing to SSA, must: (1) fully set out the nature and relevance of the sought testimony; (2) explain why the information is not available by other means; (3) explain why it is in SSA's interest to provide the testimony; and (4) provide the date, time, and place for the testimony. Respondents are individuals or entities who request testimony from SSA employees in connection with a legal proceeding.

Type of Request: Extension of an OMB-approved 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) **
20 CFR 403.100-403.155	50	1	60	50	* $31.48	** $1,574
* We based this figure on the average U.S. worker's mean hourly wages, as reported by Bureau of Labor Statistics data ( https://www.bls.gov/​oes/​current/​oes_​nat.htm#00-0000).
** 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.