[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90223-90225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28774]


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SOCIAL SECURITY ADMINISTRATION

[Docket No: SSA-2023-0050]


Agency Information Collection Activities: Proposed Request and 
Comment Request

    The Social Security Administration (SSA) publishes a list of 
information collection packages requiring clearance by the Office of 
Management and Budget (OMB) in compliance with Public Law 104-13, the 
Paperwork Reduction Act of 1995, effective October 1, 1995. This notice 
includes revisions of OMB-approved information collections, and one 
extension collection for OMB-approval.
    SSA is soliciting comments on the accuracy of the agency's burden 
estimate; the need for the information; its practical utility; ways to 
enhance its quality, utility, and clarity; and ways to minimize burden 
on respondents, including the use of automated collection techniques or 
other forms of information technology. Mail, email, or fax your 
comments and recommendations on the information collection(s) to the 
OMB Desk Officer and SSA Reports Clearance Officer at the following 
addresses or fax numbers.
    (OMB), Office of Management and Budget, Attn: Desk Officer for SSA, 
Fax: 202-395-6974.
    (SSA), Social Security Administration, OLCA, Attn: Reports 
Clearance Director, Mail Stop 3253 Altmeyer, 6401 Security Blvd., 
Baltimore, MD 21235, Fax: 833-410-1631, Email address: 
<a href="/cdn-cgi/l/email-protection#642b364a3601140b1610174a2708010516050a0701241717054a030b12"><span class="__cf_email__" data-cfemail="9ed1ccb0ccfbeef1eceaedb0ddf2fbffecfff0fdfbdeededffb0f9f1e8">[email protected]</span></a>.
    Or you may submit your comments online through https://www.reginfo.gov/public/do/PRAmain by clicking on Currently under 
Review--Open for Public Comments and choosing to click on one of SSA's 
published items. Please reference Docket ID Number [SSA-2023-0050] in 
your submitted response.
    I. The information collection below is pending at SSA. SSA will 
submit it to OMB within 60 days from the date of this notice. To be 
sure we consider your comments, we must receive them no later than 
February 27, 2024. Individuals can obtain copies of the collection 
instruments by writing to the above email address.
    Employee Work Activity Questionnaire--20 CFR 404.1574(a)(1)-(3)--
0960-0483. Social Security Disability Insurance (SSDI) beneficiaries 
and Supplemental Security Income (SSI) recipients qualify for payments 
when a verified physical or mental impairment prevents them from 
working. If disability claimants attempt to return to work after 
receiving payments, but are unable to continue working, they submit 
Form SSA-3033, Employee Work Activity Questionnaire, so SSA can 
evaluate their work attempt. SSA also uses this form to evaluate 
unsuccessful subsidy work and determine applicants' continuing 
eligibility for disability payments. The respondents are employers of 
SSDI beneficiaries and SSI recipients who unsuccessfully attempted to 
return to work.
    Type of Request: Extension of an OMB-approved information 
collection.

[[Page 90224]]



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                                                                                                              Average      Average wait
                                                                          Average burden     Estimated      theoretical      time for      Total annual
         Modality of completion              Number of     Frequency of    per response    total annual     hourly cost     teleservice     opportunity
                                            respondents      response        (minutes)    burden (hours)      amount          centers     cost (dollars)
                                                                                                            (dollars) *    (minutes) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-3033 Phone..........................           5,000               1              15           1,250          $59.07              19    *** $167,345
SSA-3033 Returned via mail..............          10,000               1              15           2,500           59.07  ..............     *** 147,675
                                         ---------------------------------------------------------------------------------------------------------------
    Totals..............................          15,000  ..............  ..............           3,750  ..............  ..............         315,020
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* We based this figure on average general and operations manager's hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes111021.htm).
** We based this figure on the average FY 2023 wait times for field offices, based on SSA's current management information data.
*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather,
  these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
  respondents to complete the application.

    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 January 29, 2024. Individuals can obtain copies of 
these OMB clearance packages by writing to the 
<a href="/cdn-cgi/l/email-protection#dd928ff38fb8adb2afa9aef39eb1b8bcafbcb3beb89daeaebcf3bab2ab"><span class="__cf_email__" data-cfemail="b7f8e599e5d2c7d8c5c3c499f4dbd2d6c5d6d9d4d2f7c4c4d699d0d8c1">[email protected]</span></a>.
    1. Medicaid Use Report--20 CFR 416.268--0960-0267. Section 1619(b) 
of the Social Security Act (Act) and 20 CFR 416.268 of the Code of 
Federal Regulations (Code) require SSA to determine eligibility for: 
(1) special SSI payments, and (2) special SSI eligibility status for a 
person who works despite a disabling condition. Section 20 CFR 416.268 
of the Code also provides that to qualify for special SSI eligibility 
status, an individual must establish that termination of eligibility 
for benefits under title XIX of the Act would seriously inhibit their 
ability to continue employment. SSA uses the collected information to 
determine if an individual is entitled to special title XVI SSI 
payments and, consequently, to Medicaid or Medi-Cal.
    In most cases, if an SSI beneficiary is blind or disabled, 
regardless of age, and they have Medicaid before beginning to work 
again, they can retain their Medicaid benefits while continuing to work 
as long as their disabling condition still exists. During a personal or 
telephone Redetermination interview with the SSI recipient, an SSA 
employee asks the following questions:
    <bullet> Have you used any medical care or services in the past 12 
months that were paid for by Medicaid (or Medi-Cal, etc.)?
    <bullet> Do you expect to receive any medical care or services in 
the next 12 months that will be paid for by Medicaid (or Medi-Cal, 
etc.)?
    <bullet> Without Medicaid (Medi-Cal, etc.), would you be unable to 
pay your medical bills if you become ill or injured in the next 12 
months?
    Generally, a response of ``yes'' to one of those three questions 
will lead to SSA determining that an SSI recipient whose payments have 
stopped based on earnings, is entitled to special SSI payments and, 
consequently, to Medicaid benefits under section 1619 (b) of the Act. 
The respondents are SSI recipients for whom SSA has stopped payments 
based on earnings.
    Type of Request: Extension of an OMB-approved information 
collection.

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                                                                                                                           Average wait
                                                                                                              Average      time in field   Total annual
                                             Number of     Frequency of   Average burden     Estimated      theoretical     offices and     opportunity
         Modality of completion             respondents      response      per response    total annual     hourly cost     teleservice   cost (dollars)
                                                                             (minutes)    burden (hours)      amount          centers           ***
                                                                                                            (dollars) *    (minutes) **
--------------------------------------------------------------------------------------------------------------------------------------------------------
20 CFR 416.268 SSI Claims System........          99,000               1               3           4,950        * $12.81           ** 21    *** $507,276
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* We based this figure on average SSI payments based on SSA's current FY 2023 data (https://www.ssa.gov/legislation/2023factsheet.pdf).
** We based this figure on the average FY 2023 wait times for field offices, based on SSA's current management information data.
*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather,
  these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
  respondents to complete the application.

    2. Appeal of Determination for Extra Help with Medicare 
Prescription Drug Costs--0960-0695. Public Law 108-173, also known as 
the Medicare Prescription Drug, Improvement and Modernization Act of 
2003 (MMA), amended title XVIII of the Act to establish a subsidy 
program to help certain individuals with limited income and resources 
pay for Medicare Part D prescription drug coverage. SSA also commonly 
refers to this subsidy program as Extra Help.
    Individuals seeking Extra Help may apply via the SSA-1020 paper 
form or i1020 online application (OMB No. 0960-0696). If SSA determines 
that the claimant is not eligible for Extra Help, SSA will mail a 
notice to the claimant indicating that SSA denied the claim. Extra Help 
denial notices include appeal rights and explain how to request an 
appeal. Individuals learn about the appeal process for Extra Help via 
determination notices, 800# representatives, as well as SSA and CMS 
websites. Individuals voluntarily initiate the Extra Help appeal 
process by printing the form from SSA's online website and sending the 
completed form to SSA, contacting SSA's 800 Number to request an 
appeal, or going into the field office to request the appeal. If the 
individual chooses to call the 800# or go into the field office, an SSA 
technician enters the individual's request into the MAPS system. The 
system then electronically sends the request to the Subsidy 
Determination Unit, who

[[Page 90225]]

schedules an appointment for the appeal and sends an appointment notice 
to the individual.
    Individuals who appeal SSA's decision regarding eligibility or 
continuing eligibility for Medicare Part D Extra Help must complete 
Form SSA-1021. The respondent may mail the completed form to either the 
local field office or to the Wilkes-Barre Direct Operations Center. The 
respondent may also complete the form with assistance from an SSA 
technician via an in-person interview at the Field Office or over the 
telephone. SSA technicians enter all claims into Medicare Application 
Processing System (MAPS), which automatically adjudicates claims based 
on the data the technicians input. Respondents are Medicare 
beneficiaries, or proper applicants acting on behalf of a Medicare 
beneficiary, who do not agree with the outcome of an SSA Extra Help 
eligibility determination and want to file an appeal.
    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) **         ***
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-1021--(Paper version)...............           1,859               1              10             310        * $29.76  ..............      *** $9,226
SSA-1021--(Internet version: MAPS)......           5,291               1              10             882        * $29.76           ** 24     *** $89,220
                                         ---------------------------------------------------------------------------------------------------------------
    Totals..............................           7,150  ..............  ..............           1,192  ..............  ..............     *** $98,446
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* We based this figure on average U.S. worker's hourly wages; State and local government worker's salaries; and attorney representative payee wages as
  reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes_stru.htm).
** We based this figure on the average FY 2023 wait times for field offices, based on SSA's current management information data.
*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather,
  these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
  respondents to complete the application.


    Dated: December 26, 2023.
Naomi Sipple,
Reports Clearance Officer, Social Security Administration.
[FR Doc. 2023-28774 Filed 12-28-23; 8:45 am]
BILLING CODE 4191-02-P


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