Supporting Statement for the HA-82
Notice of Bench Decision
20 CFR Parts 404.953 and 416.1453
OMB No. 0960-0694
Justification
Introduction/Authoring Laws and Regulations
Section 702(a)(5) of the Social Security Act (Act) allows the Commissioner of the Social Security Administration (SSA) to implement the rules and regulations necessary to administer Title II and Title XVI Social Security programs. Sections 205(a) and 1631(d) of the Act require the Commissioner to regulate the collection and furnishing of evidence necessary to determine entitlement to Titles II and XVI payments. As part of the entitlement determination process, SSA must give reasonable notice and opportunity for a hearing if applicants for benefits request one, and, if a hearing is held, SSA must make a decision on the basis of evidence produced there (sections 205(b)(1) and 1631(c)(1)(A) of the Act). Both the Act and SSA’s regulations discuss the administrative review process for determining entitlement to payments. The regulations also discuss the processes for reviewing disputed claims: in such cases, we hold hearings before administrative law judges (ALJs) employed by SSA’s Office of Hearings Operations (OHO). 20 CFR 404.953 and 416.1453 of the Code of Federal Regulations (Code) state that the records from the oral hearing preclude the need for a written decision if an ALJ makes a fully favorable oral decision for a claimant at an administrative appeals hearing that includes all the findings and the rationale for the decision. We call this process the incorporation‑by‑reference process. These regulations also state that if the involved parties want a record of the oral decision, they may submit a written request.
Description of Collection
SSA collects identifying information under the aegis of sections 20 CFR 404.953 and 416.1453 of the Code to determine how to send interested individuals written records of a favorable incorporation-by-reference oral decisions made at an administrative law judge hearing. Since there is no form the public can use to request a written record of the decision, the involved parties send SSA their contact information and reference the hearing for which they would like a record. SSA employees collect the information only once. The respondents are applicants for Disability Insurance Benefits and Supplemental Security Income payments based on disability, or their representatives as applicable, who recieved a fully favorable oral decision under the regulations cited above.
Use of Information Technology to Collect the Information
There is no standardized form for collecting this information. Instead, when SSA provides notice to respondents indicating they have received a fully favorable decision via the HA-82, the letter includes directions on how to contact us to obtain a written record of the oral decision. While we do not have a standard form, we do accept responses through fax, in addition to written requests.
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.
Minimizing Burden on Small Respondents
This collection does not affect small businesses or other small entities.
Consequence of Not Collecting Information or Collecting it Less Frequently
If SSA did not conduct this information collection, parties wishing to request written records of incorporation-by-reference oral rulings would have no means of doing so. This would be a violation of claimants’ rights, and would compromise the integrity of the incorporation-by-reference procedure. Since we only collect the information when a claimant requests a written record of an incorporation-by-reference oral procedure, we cannot collect it less frequently. There are no technical or legal obstacles that prevent burden reduction.
Special Circumstances
There are no special circumstances that would cause SSA to conduct this information collection in a manner inconsistent with 5 CFR 1320.5.
Solicitation of Public Comment and Other Consultations with the Public
The 60-day advance Federal Register Notice published on September 16, 2019 at 84 FR 48694, and we received no public comments. SSA published the second Notice on December 3, 2019, at 84 FR 66262. If we receive comments in response to the 30‑day Notice, we will forward them to OMB. We did not consult with the public in the revision of this form.
Payment or Gifts to Respondents
SSA does not provide payments or gifts to the respondents.
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.
Justification for Sensitive Questions
The information collection does not contain any questions of a sensitive nature.
Estimates of Public Reporting Burden
Per our current management information data, approximately 2,500 respondents take 5 minutes each to request a copy of the incorporation-by-reference procedure:
Modality of Completion |
Number of Respondents |
Frequency of Response |
Average Burden Per Response (minutes) |
Estimated Total Annual Burden (hours) |
Average Hourly Wage (dollars)* |
Total Annual Opportunity Cost (dollars)** |
HA-82 |
2,500 |
1 |
5 |
208 |
$10.22* |
$2,126** |
* We based this figure on average Disability Insurance payment 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.
The total estimated burden for this ICR is 208 hours (reflecting SSA management information data), which results in an associated theoretical (not actual) opportunity cost financial burden of $2,126. This figure represents the theoretical amount a respondent could have earned during the time they completed the form. SSA does not actually charge respondents to complete our applications.
Annual Cost to the Respondents (Other)
This collection does not impose a known cost burden on the respondents.
Annual Cost To Federal Government
The annual cost to the Federal Government is approximately $40,000. This estimate accounts for costs from the following areas: (1) designing, printing, and distributing the HA-82 printout (with the information respondents request in writing); (2) SSA employee (e.g., field office, 800 number, DDS staff) information collection and processing time; and (3) updating, and maintenance costs for email and fax systems. Since the information we collect through these regulations is not associated with a form, but, rather, is through a written request for the data, SSA cannot account for any costs for this regulation through a form.
Program Changes or Adjustments to the Information Collection Request
There are no changes to the public reporting burden.
Plans for Publication Information Collection Results
SSA will not publish the results of the information collection.
Displaying the OMB Approval Expiration Date
SSA is not requesting an exception to the requirement to display the OMB approval expiration date.
Exceptions 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).
Collections of Information Employing Statistical Methods
SSA does not use statistical methods for this information collection.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | 326628 |
| File Modified | 0000-00-00 |
| File Created | 2021-01-15 |