Conducting Personal Conferences When Waiver of Recovery of a Title II or Title XVI Overpayment Cannot be Approved

Forms and Documents

Document Name	Status
Supporting Statement - 0769.docx Supporting Statement A	2016-11-24

IC Document Collections

IC ID	Document Title	Status
183681	20 CFR 516.557(d)(8) Other-Regulation Section	Removed
183680	20 CFR 416.557(c)(3) and 416-557(d)(8)	Modified
183679	20 CFR 404.506(f)(8) Other-Regulation Section	Removed
183678	20 CFR 404.506(e)(3) and 404-506(f)(8)	Modified

ICR Details

OMB Control No: 0960-0769	ICR Reference No: 201608-0960-003
Status: Historical Active	Previous ICR Reference No: 201309-0960-008
Agency/Subagency: SSA	Agency Tracking No:
Title: Conducting Personal Conferences When Waiver of Recovery of a Title II or Title XVI Overpayment Cannot be Approved
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/16/2017
	Date Received in OIRA: 11/24/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2020	36 Months From Approved	03/31/2017
Responses	76,127	0	103,801
Time Burden (Hours)	38,064	0	51,901
Cost Burden (Dollars)	0	0	0

---

Abstract: SSA conducts personal conferences when we cannot approve a waiver of recovery of a Title II or Title XVI overpayment. The Social Security Act (Act) and our regulatory citations require SSA to give overpaid Social Security beneficiaries and Supplemental Security Income (SSI) recipients the right to request a waiver of recovery and automatically schedule a personal conference if we cannot approve their request for waiver of overpayment. We conduct these conferences face-to-face, via telephone, or through video teleconferences. Social Security beneficiaries and SSI recipients or their representatives may provide documents to demonstrate they are without fault in causing the overpayment and do not have the ability to repay the debt. They may submit these documents by completing Form SSA 632, Request for Waiver of Overpayment Recovery (OMB No. 0960-0037); Form SSA 795, Statement of Claimant or Other Person (OMB No. 0960-0045); or through a personal statement submitted by mail, telephone, personal contact, or other suitable method, such as fax or email. This information collection satisfies the requirements for request for waiver of recovery of an overpayment, and allows individuals to pursue further levels of administrative appeal via personal conference. Respondents are Social Security beneficiaries and SSI recipients or their representatives seeking reconsideration of an SSA waiver decision.

---

Authorizing Statute(s): US Code: 42 USC 1383 Name of Law: Social Security Act
   US Code: 31 USC 3720a Name of Law: Social Security Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 59261	08/29/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 76407	11/02/2016
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
20 CFR 416.557(c)(3) and 416-557(d)(8)
20 CFR 404.506(e)(3) and 404-506(f)(8)
20 CFR 516.557(d)(8)
20 CFR 404.506(f)(8)

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	76,127	103,801	0	-51,901	24,227	0
Annual Time Burden (Hours)	38,064	51,901	0	-25,951	12,114	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The reduction in the burden estimate is due to a more accurate estimate from previous years of the number of personal conferences SSA completed annually. The previous data reported was based on rough estimates of the number of overall waivers denied using the assumption that all denied waivers required a personal conference. The current data more accurately reflects the number of waivers processed that required a personal conference before SSA could properly grant or deny the waiver, since we do not require a personal conference in all instances. We also removed ICs in ROCIS to group like regulation sections together (Title II and Title XVI). This shows a change in ROCIS; however, it does not show the cause for the decrease (as explained above).

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/24/2016

---