Supporting Statement - 0289

Supporting Statement - 0289.docx

Claimant's Medications

OMB: 0960-0289

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Supporting Statement for Form HA-4632

Claimant’s Medications

20 CFR, 404.1512 and 416.912

OMB No. 0960-0289


A. Justification


  1. Introduction /Authoring Laws and Regulations

Sections 205(a), 223(d), 702, 1614(a), 1631(e) and 1869(b)(1) of the Social Security Act (Act), as amended, and 20 CFR 404.1512 and 416.912 of the Code of Federal Regulations authorize the Social Security Administration (SSA) to collect the information on Form HA-4632. The Act and the regulations require claimants filing for Social Security, Old Age, Survivors and Disability Insurance (OASDI), or Supplemental Security Income (SSI) payments based on disability, to provide SSA with evidence showing how the claimants' impairment(s) affect their ability to work. The information we request on Form HA-4632 facilitates collecting medical information to support the claimants' applications.


  1. Description of Collection

In cases where claimants request a hearing after denial of their disability claim for Social Security, SSA uses Form HA-4632 to request information from the claimant regarding the medications they use. This information helps the administrative law judge (ALJ) overseeing the case to fully investigate: (1) the claimant’s medical treatment and (2) the effects of the medications on the claimant’s medical impairments and functional capacity. The ALJ makes the completed form a part of the documentary evidence of record, placing it in the official record of the proceedings as an exhibit. The respondents are applicants (or their representatives) for OASDI benefits or SSI payments who request a hearing to contest an agency denial of their claim.


  1. Use of Information Technology to Collect the Information

A select population of claimants completes the HA-4632, determined solely at the discretion of the ALJ based on the conditions of each individual claimant’s hearing. Form HA-4632 is available for the claimants to download and print through our website. For claimants who appoint a representative, SSA allows electronic submission of Form HA-4632 to the claimant’s representative through the Electronic Records Express initiative. Appointment of a representative occurs in about 80% of claimant cases. Electronic submission of Form HA‑4632 is not available to claimants who do not appoint a representative. Given the individualized nature of the evidence respondents submit, and the intermittent request for this information, SSA did not deem it appropriate to develop an electronic application under the aegis of the Government Paperwork Elimination Act plan.


  1. Why We Cannot Use Duplicate Information

The nature of the information we collect and the manner in which we collect it precludes duplication. SSA does not use another collection instrument to obtain similar data.


  1. Minimizing Burden on Small Respondents

This collection does not affect small businesses or other small entities.


  1. Consequences of Not Collecting Information or Collecting it Less Frequently

If we did not use Form HA-4632, it may deprive claimants of their right to present evidence pertaining to their benefit claims causing the agency to violate statutory and regulatory requirements relating to fair hearings and due process. Because we only collect the information on an as needed basis, we cannot collect it less frequently. There are no technical or legal obstacles to burden reduction.


  1. Special Circumstances

There are no special circumstances that would cause SSA to collect this information in a manner inconsistent with 5 CFR 1320.5.

  1. Solicitation of Public Comment and Other Consultations with the Public

The 60-day advance Federal Register Notice published on April 24, 2018, at

83 FR 17872, and we received no public comments. The 30-day FRN published on July 10, 2018 at 83 FR 31987. If we receive any comments in response to this Notice, we will forward them to OMB


  1. Payments of Gifts to Respondents

SSA does not provide payments or gifts to the respondents.


  1. Assurances of Confidentiality

SSA protects and holds confidential the information it collects in accordance with

42 U.S.C. 1306, 20 CFR 401 and 402, 5 U.S.C. 552 (Freedom of Information Act), 5 U.S.C. 552a (Privacy Act of 1974), and OMB Circular No. A-130.


  1. Justification for Sensitive Questions

The information collection does not contain any questions of a sensitive nature.


  1. Estimates of Public Reporting Burden

Modality of Completion

Number of Respondents

Frequency of Response

Average Burden per Response (minutes)

Estimated Total Annual Burden (hours)

HA-4632 (paper)

20,000

1

15

5,000

Electronic Records Express

180,000

1

15

45,000

Totals

200,000



50,000


The total burden for this ICR is 50,000 hours. We based these figures on current management information data. This figure represents burden hours, and we did not calculate a separate cost burden.


  1. Cost to Respondents

This collection does not impose a known cost burden on the respondents.


  1. Annual Cost to the Federal Government

The annual cost to the Federal Government is approximately $308,000. This estimate accounts for costs from the following areas: (1) designing, printing, and distributing the form; (2) SSA employee (e.g., field office, 800 number, DDS staff) information collection and processing time; and (3) systems development, updating, and maintenance costs.


  1. Program Changes or Adjustments to the Information Collection

There are no changes to the public reporting burden.


  1. Plans for Publication Information Collection Results

SSA will not publish the results of the information collection.


  1. Displaying the OMB Expiration Date

Paper Form

OMB granted SSA an exemption from the requirement to print the OMB expiration date on its program forms. SSA produces millions of public-use forms with life cycles exceeding those of an OMB approval. Since SSA does not periodically revise and reprint its public-use forms (e.g., on an annual basis), OMB granted this exemption so that SSA would not have to destroy stocks of otherwise useable forms with expired OMB approval dates, avoiding Government waste.


Internet-Based Application

SSA is not requesting an exception to the requirement to display the OMB approval expiration date.


  1. Exception to Certification Statement

SSA is not requesting an exception to the certification requirements at 5 CFR 1320.9 and related provisions at 5 CFR 1320.8(b)(3).


B. Collections of Information Employing Statistical Methods


SSA did not use statistical methods for this information collection.

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File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleSUPPORTING STATEMENT FOR FORM HA-4632,
Author326628
File Modified0000-00-00
File Created2021-01-21

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