Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices 76885 

25 17 CFR 200.30–3(a)(12). 

1See 20 CFR 404.1520(a)(2) and 416.924. 

2See 20 CFR 404.1594, 416.994, and 416.994a. 

3See section 1619(a)–(b) of the Act. See also 20 

CFR 416.260 and 416.262. 

4See 20 CFR 404.1592a and 404.1592b. 

5We will use this SSR beginning on its applicable 

date. We will apply this SSR to new applications 

filed on or after the applicable date of the SSR and 

to claims that are pending on and after the 

applicable date. This means that we will use this 

SSR on and after its applicable date in any case in 

which we make a determination or decision. We 

expect that Federal courts will review our final 

decisions using the rules that were in effect at the 

time we issued the decisions. If a court reverses our 

final decision and remands a case for further 

administrative proceedings after the applicable date 

of this SSR, we will apply this SSR to the entire 

period at issue in the decision we make after the 

court’s remand. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to file 

number SR–CboeBZX–2023–085. This 

file number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

internet website (https://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. Do not include personal 

identifiable information in submissions; 

you should submit only information 

that you wish to make available 

publicly. We may redact in part or 

withhold entirely from publication 

submitted material that is obscene or 

subject to copyright protection. All 

submissions should refer to file number 

SR–CboeBZX–2023–085 and should be 

submitted on or before November 28, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.25

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–24519 Filed 11–6–23; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2023–0013] 

Social Security Ruling, SSR 23–1p.; 

Titles II and XVI: Duration Requirement 

for Disability 

AGENCY: Social Security Administration. 

ACTION: Notice of social security ruling 

(SSR). 

SUMMARY: We are providing notice of 

SSR 23–1p. This SSR explains and 

clarifies our policy regarding the 

duration requirement for establishing 

disability under Titles II and XVI of the 

Social Security Act and implementing 

regulations. This ruling rescinds and 

replaces SSR 82–52. 

DATES: We will apply this notice on 

November 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mary Quatroche, Social Security 

Administration, Office of Disability 

Policy, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, (410) 966– 

4794 or TTY 410–966–5609, for 

information about this notice. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1– 

800–325–0778, or visit our internet site, 

Social Security Online, at https://

www.ssa.gov. 

SUPPLEMENTARY INFORMATION: Although 

5 U.S.C. 552(a)(1) and (a)(2) do not 

require us to publish this SSR, we are 

publishing it in accordance with 20 CFR 

402.35(b)(1). 

SSRs represent precedential final 

opinions, orders, and statements of 

policy and interpretations that we have 

adopted relating to the Federal Old Age, 

Survivors, and Disability Insurance 

program, and Supplemental Security 

Income program. We may base SSRs on 

determinations or decisions made in our 

administrative review process, Federal 

court decisions, decisions of our 

Commissioner, opinions from our Office 

of the General Counsel, or other 

interpretations of law and regulations. 

Although SSRs do not have the same 

force and effect as law, they are binding 

on all SSA components in accordance 

with 20 CFR 402.35(b)(1). 

This SSR will remain in effect until 

we publish a notice in the Federal 

Register that rescinds it, or until we 

publish a new SSR that replaces or 

modifies it. 

(Federal Assistance Listings, Program Nos. 

96.001, Social Security—Disability 

Insurance; 96.002, Social Security— 

Retirement Insurance; 96.004—Social 

Security—Survivors Insurance; 96.006 

Supplemental Security Income.) 

The Acting Commissioner of Social 

Security, Kilolo Kijakazi, Ph.D., M.S.W., 

having reviewed and approved this 

document, is delegating the authority to 

electronically sign this document to 

Faye I. Lipsky, who is the primary 

Federal Register Liaison for the Social 

Security Administration, for purposes of 

publication in the Federal Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

Policy Interpretation Ruling 

SSR 23–1p 

Titles II and XVI: Duration 

Requirement for Disability 

This Social Security Ruling (SSR) 

rescinds and replaces SSR 82–52: Titles 

II and XVI: Duration of the Impairment. 

Purpose: This SSR updates and 

consolidates our policy regarding the 

duration requirement for establishing 

disability under Titles II and XVI of the 

Social Security Act (Act) and its 

implementing regulations. We 

published SSR 82–52 in 1982, and in 

the ensuing four decades we revised 

several rules and issued policy guidance 

that leave the original ruling misaligned 

with current regulatory authority and 

policy guidance. For instance, we 

changed the sequential evaluation 

process for widows and Title XVI 

children; 1 established the process for 

evaluating medical improvement in 

continuing disability review (CDR) 

cases; 2 instituted multiple work 

incentives for recipients of Title XVI 

payments; 3 and extended the 

reentitlement period for Title II claims.4

Citations (Authority): Sections 216(i), 

223(d), and 1614(a) of the Act, 42 U.S.C. 

416(i), 423(d), and 1382c(a), as 

amended; Regulations No. 4, subpart P, 

sections 404.988, 404.1505, 404.1509, 

404.1520, 404.1523, 404.1545, 404.1574, 

404.1581, 404.1592, 404.1592a, 

404.1592b, 404.1594, and 404.1598; 

Regulations No. 16, Subpart I, sections 

416.260, 416.262, 416.905, 416.906, 

416.909, 416.920, 416.923, 416.924, 

416.945, 416.974, 416.981, 416.994, 

416.994a, 416.998, and 416.1488. 

Dates: We will apply this SSR on 

November 7, 2023.5


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76886 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices 

6Title XVI claimants under age 18 are disabled 

if they are not performing SGA and their medically 

determinable physical or mental impairment(s) 

causes marked and severe functional limitations 

and can be expected to cause death or has lasted 

or can be expected to last for a continuous period 

of 12 months. See section 1614(a)(3)(C) of the Act 

and 20 CFR 416.906. 

7See sections 216(i), 223(d), 1614(a) of the Act. 

See also 20 CFR 404.1505, 404.1521 and 416.905, 

416.921. While there is no duration requirement for 

statutorily blind individuals under Title XVI, the 

duration requirement applies to statutorily blind 

individuals under Title II. See generally 216(i) and 

1614(a) of the Act. See also 20 CFR 404.1581 and 

416.981. 

8 20 CFR 404.1509 and 416.909. 

9For title XVI claimants under the age of 18, 

duration is the period of time during which the 

claimant is not performing SGA and experiences 

marked and severe functional limitations because of 

a medically determinable physical or mental 

impairment, or a combination of impairments. See 

20 CFR 416.906 and 416.924. For these claimants, 

we generally measure duration from the first date 

the claimant’s MDI(s) results in marked and severe 

functional limitations. An impairment(s) causes 

marked and severe functional limitations if it meets 

or medically equals the severity of a set of criteria 

for an impairment in the listings, or if it 

functionally equals the listings. See 20 CFR 

416.924. 

10 20 CFR 404.1509 and 416.909. 

11See Barnhart v. Walton, 535 U.S. 212 (2002). 

12 20 CFR 404.321. 

13See Barnhart v. Walton, 535 U.S. 212 (2002). 

14For detailed guidance on how we determine 

whether a claimant meets the statutory definition of 

disability, and if so, when the claimant first met 

that definition, see SSR 18–1p Titles II and XVI: 

Determining the Established Onset Date (EOD) in 

Disability Claims. 

15For Title XVI claimants under age 18, we 

generally measure duration from the first date the 

claimant’s MDI(s) results in marked and severe 

functional limitations. See 20 CFR 416.924. 

16See Walton, 535 U.S. 212 (2002). 

17For Title XVI claimants under age 18, duration 

ends when the child engages in SGA or no longer 

has marked and severe functional limitations. See 

20 CFR 416.924. 

18See 20 CFR 404.1520. 

19See 20 CFR 416.987. 

20See 20 CFR 416.920. 

Policy Interpretation 

To be disabled under Title II of the 

Act, or as an adult 6 under Title XVI of 

the Act, a claimant must be unable to 

engage in any substantial gainful 

activity (SGA) by reason of one or more 

medically determinable physical or 

mental impairments (MDIs) which can 

be expected to result in death, or which 

has lasted or can be expected to last for 

a continuous period of at least 12 

months.7 We refer to the period of time 

during which a claimant is continuously 

unable to engage in SGA because of one 

or more MDI(s) as ‘‘duration.’’ 8

The following information is in a 

question-and-answer format that 

provides guidance on how we assess 

whether a person meets the duration 

requirement for disability. Questions 1 

through 3 explain how we define and 

measure the duration requirement. 

Questions 4 and 5 provide information 

about how the duration requirement 

affects the sequential disability 

evaluation process. Question 6 

addresses how we consider duration in 

continuing disability review (CDR) cases 

when the beneficiary or recipient has a 

new, severe MDI(s). Question 7 explains 

how we make a finding about the 

expected duration of an impairment and 

what will happen if we learn of a return 

to SGA within 12 months of a claimant’s 

onset of disability. 

List of Questions— 

1. How does a claimant meet the 

duration requirement for disability? 

2. What is an MDI that ‘‘can be 

expected to result in death’’? 

3. What do we mean by ‘‘12 

continuous months’’ and how do we 

measure it in initial claims? 

4. How does the duration requirement 

affect the five-step sequential disability 

evaluation process? 

5. How does the duration requirement 

affect the three-step sequential disability 

evaluation process for Title XVI 

claimants who have not yet attained 18 

years of age? 

6. How do we consider the duration 

requirement when the claimant has 

new, severe MDI(s) in continuing 

disability review (CDR) cases? 

7. What if we find that the claimant 

meets the duration requirement based 

on an expectation of continued severity, 

but the claimant returned to SGA within 

12 months? 

Answers— 

1. How does a claimant meet the 

duration requirement for disability? 

Duration is the period of time during 

which a claimant is continuously 

unable to engage in SGA because of one 

or more MDI(s).9 To satisfy the duration 

requirement for disability, the 

claimant’s relevant MDI(s) must have 

lasted or must be expected to last for a 

continuous period of at least 12 months, 

unless we expect the MDI(s) to result in 

death within 12 months of the onset of 

disability.10 An individual’s inability to 

perform SGA because of the relevant 

MDI(s) must also last the required 12- 

month period, unless we expect an 

MDI(s) to result in death within 12 

months of the onset of disability. A 

claimant must satisfy both elements to 

meet the duration requirement.11 A 

claimant who was previously entitled to 

a period of disability must again meet 

the duration requirement for the current 

application before a subsequent period 

of disability can be established.12

2. What is an MDI that ‘‘can be 

expected to result in death’’? 

An MDI that ‘‘can be expected to 

result in death’’ is one for which the 

generally accepted prognosis within the 

medical field and the evidence in the 

case file demonstrate that the claimant 

is expected to die as a result of that 

impairment within 12 months of the 

date that the claimant became unable to 

engage in SGA. We also consider an 

MDI that actually results in death to be 

one that was ‘‘expected to result in 

death.’’ 

3. What do we mean by ‘‘12 

continuous months’’ and how do we 

measure it in initial claims? 

The phrase ‘‘12 continuous months’’ 

means both that the MDI(s) must have 

lasted, or be expected to last, for a 

continuous period of at least 12 months 

and that the claimant’s resulting 

inability to perform SGA by reason of 

the MDI(s) must also have lasted, or be 

expected to last, for not less than 12 

months without interruption or 

stopping.13

We measure the 12-month period 

from any date 14 the claimant’s MDI(s) 

first prevented the claimant from 

performing SGA.15 We do not consider 

any period during which an MDI or 

combination of MDIs did not prevent 

the claimant from performing SGA 

when measuring duration. The duration 

period may begin before, but cannot end 

before, the period during which we can 

establish entitlement or eligibility.16 For 

example, the duration period may begin 

before the date first insured (DFI) in 

Title II disability insurance benefit (DIB) 

claims, before the date of a spouse’s 

death in Title II disabled widow(er)’s 

benefit (DWB) claims, prior to the 

potential onset date in Title II childhood 

disability benefits (CDB) claims, or prior 

to the filing date in Title XVI claims. 

Unless the MDI(s) is expected to 

result in death, duration continues 

through the earliest of the following 

dates: 

• When the MDI(s) no longer prevents 

the claimant from engaging in SGA; or 

• When the MDI(s) is no longer 

expected to prevent the claimant from 

engaging in SGA.17

4. How does the duration requirement 

affect the five-step sequential disability 

evaluation process? 

We consider the duration requirement 

at multiple steps of the five-step 

sequential evaluation process we use to 

evaluate disability in initial claims 

under Title II,18 age 18 

redeterminations,19 and adult claims 

under Title XVI.20 At step one, if the 

claimant is currently performing SGA 

we will generally find that the claimant 

is not disabled. However, if the claimant 

is not currently performing SGA, or if 

the claimant is currently performing 


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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices 76887 

21See 20 CFR 404.1509, 404.1520(a)(4)(ii) and 

416.909, 416.920(a)(4)(ii). 

22See 20 CFR 404.1523(a) and 416.923(a). 

23 Id. 

24See 20 CFR 404.1520(a)(4)(iii) and 

416.920(a)(4)(iii). 

25See 20 CFR 404.1520(d) and 416.920(d). 26See sections 216(i), 223(d), 1614(a) of the Act. 

See 20 CFR 404.1505, 404.1509, 404.1520 and 

416.905, 416.909, 416.920. See also Walton, 535 

U.S. at 217–22. 27See 20 CFR 404.1520(a)(4) and 416.920(a)(4). 

28See 20 CFR 404.1545 and 416.945. 

29See section 1614(a)(3)(C) of the Act. See also 20 

CFR 416.906. 

30See 20 CFR 416.924. 

31See 20 CFR 416.924(d). 

32See 20 CFR 416.924. 

SGA but during the period covered by 

the current application they did not 

perform SGA for at least 12 continuous 

months, the duration requirement could 

be met (as discussed in Question 1) and 

the sequential evaluation process would 

proceed to step two. 

At step two, if the claimant does not 

have a severe MDI, or combination of 

MDIs that is medically severe, and has 

lasted, or is expected to last, for a 

continuous period of not less than 12 

months or is expected to result in death, 

the claimant cannot meet the duration 

requirement and we will find the 

claimant is not disabled.21

Further, we do not combine two or 

more successive, unrelated impairments 

to meet the 12-month requirement in 

initial claims.22 For example, a claimant 

involved in a bicycling accident on 

January 1, 2022, suffered a pelvic 

fracture for which they underwent 

immediate surgery. The fracture 

completely healed by August 1, 2022. 

The same claimant injured their rotator 

cuff in a fall on July 1, 2022. With 

treatment, the rotator cuff injury 

resolved completely by February 2, 

2023. The MDIs were unrelated and 

neither MDI lasted 12 months. We will 

find the claimant not disabled at step 

two because there is no severe MDI that 

could meet the duration requirement.23

Because of the duration requirement, 

we will not consider an MDI that 

completely resolves in less than 12 

months after step two of the sequential 

evaluation process. Consider, instead, a 

case where the individual sustained a 

pelvic fracture that resolved completely 

within nine months but had a 

subsequent rotator cuff injury that 

remained severe for 12 continuous 

months. Sequential evaluation for the 

rotator cuff impairment would continue 

but we would not consider the pelvic 

fracture beyond step two. 

If the analysis proceeds to step three, 

we will consider: (1) whether an MDI(s) 

meets or medically equals a listing in 

the Listing of Impairments (listings), 

according to the set of medical criteria 

in the listing; and, if so (2) whether the 

MDI(s) meets the duration 

requirement.24 Once the claimant 

establishes that their MDI(s) is severe 

enough to meet or equal a listed 

impairment, the claimant must also 

show that this level of severity lasted, or 

is expected to last, for a continuous 

period of at least 12 months, or that the 

impairment is expected to result in 

death.25

Some listings specify a period of time 

we will consider the claimant under a 

disability if their MDI(s) meets all the 

criteria of the listing. This listing 

specification does not change, 

supersede, or establish that the MDI(s) 

meets the duration requirement. We use 

this listing specification in certain 

instances to establish the appropriate 

timeline for our continuing disability 

review process as it relates to that 

impairment. The evidence of record 

must show that the MDI(s) also meets 

the duration requirement. For example, 

listing 6.04 (chronic kidney disease, 

with kidney transplant) states that we 

will consider an individual who has a 

kidney transplant due to chronic kidney 

disease to be under a disability for one 

year from the date of the transplant due 

to the potential for complications, such 

as rejection episodes and posttransplant functioning. Thereafter, we 

will evaluate any residual limiting 

effects of the impairment. If the 

claimant engages in SGA within 12 

months from the date the MDI(s) first 

prevented them from performing SGA 

we generally will find them not disabled 

under the Act (as discussed in Question 

7).26

Other listings contain criteria with 

temporal requirements during which 

certain findings must be present. These 

temporal requirements do not establish 

that the MDI(s) met the duration 

requirement but instead serve as a 

specific indicator of listing-level 

severity. For example, listing 11.02 

(Epilepsy, generalized tonic-clonic 

seizures or dyscognitive seizures) states 

that the seizures must occur at least 

once a month for at least three 

consecutive months, despite adherence 

to prescribed treatment. The frequency 

of seizures outlined in the listing 

criteria establishes that the impairment 

is of listing-level severity but is distinct 

from the duration requirement. To meet 

the duration requirement, the evidence 

must show the MDI(s) lasted at listing 

level or is expected to last at listing 

level for 12 continuous months and that 

the claimant’s resulting inability to 

perform SGA by reason of the MDI(s) 

has lasted, or is expected to last, for not 

less than 12 months without 

interruption or stopping. 

If we cannot find the claimant 

disabled at step three, the sequential 

evaluation process continues.27 We 

assess the claimant’s residual functional 

capacity (RFC), which is the most an 

individual can do despite their 

impairment-related limitations.28

Because of the duration requirement, we 

will not include limitations in the RFC 

assessment that completely resolve, or 

that we expect to completely resolve, 

within 12 months. 

If the analysis proceeds to steps four 

or five of the sequential evaluation 

process, we consider the claimant’s RFC 

when determining whether an 

individual can perform past relevant 

work, or other work that exists in 

significant numbers in the national 

economy. 

5. How does the duration requirement 

affect the three-step sequential 

evaluation process for Title XVI 

claimants who have not yet attained 18 

years of age? 

For Title XVI disability claimants 

under age 18, we will consider the child 

disabled if the child does not perform 

SGA and has a medically determinable 

physical or mental impairment, or 

combination of impairments, that causes 

marked and severe functional 

limitations and has lasted or can be 

expected to last for a continuous period 

of not less than 12 months, or is 

expected to result in death.29 In these 

cases, we use a three-step sequential 

evaluation process, and the duration 

requirement for disability applies 

throughout the sequential evaluation 

process for children. 30

At steps one and two of the sequential 

evaluation process for Title XVI 

children, we will apply the same rules 

discussed for steps one and two of the 

adult sequential evaluation process (as 

discussed above in response to Question 

4). If the child satisfies the requirements 

for both steps one and two, we will 

proceed to step three where we consider 

whether the child’s MDI(s) meets, 

medically equals, or functionally equals 

a listing.31

At step three, to establish that the 

child has an MDI(s) that meets, 

medically equals or functionally equals 

the listings, the evidence must show 

that the MDI(s) has lasted, or is expected 

to last, for a continuous period of at 

least 12 months at listing level severity 

or is expected to result in death.32 If a 

child’s MDI(s) is severe but does not 

meet or medically equal any listing, we 

will determine if the MDI(s) 


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76888 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices 

33See 20 CFR 416.924(d) and 416.926a. 

34See 20 CFR 416.926a(d). 

35Or, in the case of a child under age 18 receiving 

Supplemental Security Income payments, the new 

impairment(s) must be so severe as to result in 

marked and severe functional limitations. See 20 

CFR 416.998. 

36See 20 CFR 404.1594(g) and 416.994(b)(6), 

416.994a(g), for how we determine the month in 

which the individual’s last impairment(s) is no 

longer disabling. 

37See 20 CFR 404.1598 and 416.998. 

38See sections 216(i), 223(d), 1614(a) of the Act, 

20 CFR 404.1505, 404.1509, 404.1520 and 416.905, 

416.909, 416.920. See also Walton, 535 U.S. at 217– 

22. 

39See 20 CFR 404.1592. 

40See 20 CFR 404.1574(c) and 416.974(c). 

41See 20 CFR 404.988 and 416.1488. 

functionally equals the listings.33 We 

will decide that the MDI(s) functionally 

equals the listings if it results in marked 

limitations in two domains of 

functioning, or an extreme limitation in 

one domain of functioning for a 

continuous 12-month period.34 If the 

child’s MDI(s) does not meet, medically 

equal, or functionally equal the listings, 

or does not meet the duration 

requirement, we will find the child is 

not disabled. 

6. How do we consider the duration 

requirement when the claimant has a 

new, severe MDI(s) in CDRs cases? 

In CDR cases, the beneficiary or 

recipient has already satisfied the 

duration requirement and established 

disability. As a result, we only consider 

the duration requirement when the 

impairment for which the claimant was 

originally found disabled has improved, 

and disability ended. 

How we consider duration when 

evaluating a new severe MDI(s) depends 

on whether the new MDI(s) is disabling 

and, if so, when it became disabling. To 

be disabling, the new impairment(s) 

must be so severe as to prevent SGA.35

If the previously established MDI(s) is 

no longer disabling but the new, severe 

MDI(s) is disabling, and if the new 

disabling MDI(s) begins in, or before, the 

month in which the previously 

established MDI(s) is no longer 

disabling,36 we do not consider duration 

and will find that disability continues.37

If, however, the claimant has a new 

disabling MDI(s) that begins after the 

month in which the last impairment(s) 

was no longer disabling, we consider 

the duration requirement and determine 

whether to establish a new period of 

disability using the rules for initial 

claims. 

7. What if we find that the claimant’s 

MDI(s) meets the duration requirement 

based on an expectation of continued 

severity, but the claimant returned to 

SGA within 12 months? 

A claimant who recovers their ability 

to engage in SGA within 12 months is 

not disabled under the Act.38 How we 

evaluate an actual return to work that is 

SGA depends, in part, on whether we 

have already approved an award of 

benefits. 

If we have not issued a final 

determination or decision that the 

individual was disabled and entitled to 

benefits, and we determine the 

individual returned to work within 12 

months of the first date the individual’s 

MDI(s) otherwise met the definition of 

disability, we deny the claim. If we 

issued a final determination or decision 

that the individual was disabled, and 

we later find that the individual has 

returned to SGA after an award of 

benefits, but within the 12-month 

period after onset, we do not reopen and 

reverse the determination or decision. 

This is because once disability 

payments begin, individuals might be 

entitled to a trial work period (Title II), 

or to continued Supplemental Security 

Income payments under section 1619(a) 

of the Act.39

If we issued a final determination or 

decision that the individual was entitled 

to disability insurance benefits and we 

later determine the individual returned 

to SGA during the 5-month waiting 

period for Title II, we may reopen and 

revise the determination or decision to 

issue a denial. These individuals are not 

entitled to any disability benefit 

payments. If we later determine the 

return to work was an unsuccessful 

work attempt,40 we may reopen and 

revise the denial to issue an allowance. 

However, we can only reopen the 

determination or decision within the 

time limitations under the rules of 

administrative finality.41

[FR Doc. 2023–24523 Filed 11–6–23; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

[Public Notice: 12251] 

60-Day Notice of Proposed Information 

Collection: DS–157, Petition for Special 

Immigrant Classification for Afghan 

Special Immigrant Visa (SIV) Applicant 

ACTION: Notice of request for public 

comment. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

In accordance with the Paperwork 

Reduction Act of 1995, we are 

requesting comments on this collection 

from all interested individuals and 

organizations. The purpose of this 

notice is to allow 60 days for public 

comment preceding submission of the 

collection to OMB. 

DATES: The Department will accept 

comments from the public up to January 

8, 2024. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Web: Persons with access to the 

internet may comment on this notice by 

going to www.Regulations.gov. You can 

search for the document by entering 

‘‘Docket Number: –DOS–2023–0035’’ in 

the Search field. Then click the 

‘‘Comment Now’’ button and complete 

the comment form. 

• Email: PRA_BurdenComments@

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You must include the DS form 

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SUPPLEMENTARY INFORMATION: 

• Title of Information Collection: DS– 

157, Petition for Special Immigrant 

Classification for Afghan SIV Applicant. 

• OMB Control Number: 1405–0134. 

• Type of Request: Extension of a 

currently approved collection. 

• Originating Office: CA/VO. 

• Form Number: DS–157. 

• Respondents: Afghan Special 

Immigrant Visa (SIV) applicants. 

• Estimated Number of Respondents: 

15,000. 

• Estimated Number of Responses: 

15,000. 

• Average Time per Response: 1 hour. 

• Total Estimated Burden Time: 

15,000 hours. 

• Frequency: Once per application. 

• Obligation to Respond: Required to 

obtain or retain a benefit. 

We are soliciting public comments to 

permit the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department. 

• Evaluate the accuracy of our 

estimate of the time and cost burden for 

this proposed collection, including the 

validity of the methodology and 

assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of information 

technology. 

Please note that comments submitted 

in response to this Notice are public 

record. Before including any detailed 

personal information, you should be 

aware that your comments as submitted, 

including your personal information, 

will be available for public review. 


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