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

Forms and Documents

Document	Type	Status	Availability
Supporting Statement - 0769 (Final).docx	Supporting Statement A	Uploaded 2020-05-21	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
183680	Title XVI - Personal Conference: 416.557(c)(3) and 416-557(d)(8)		Modified
183678	Title II - Personal Conference: 404.506(e)(3) and 404-506(f)(8)		Modified

ICR Details

OMB Control No: 0960-0769	ICR Reference No: 201908-0960-006
Status: Active	Previous ICR Reference No: 201608-0960-003
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 with change	Conclusion Date: 05/22/2020
	Date Received in OIRA: 12/16/2019
Terms of Clearance: The agency made minor revisions to the supporting statement to improve clarity.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2023	36 Months From Approved	05/31/2020
Responses	81,463	0	76,127
Time Burden (Hours)	61,097	0	38,064
Cost Burden (Dollars)	0	0	0

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Abstract: SSA employees conduct personal conferences when we cannot approve a request for a waiver of recovery of Title II or Title XVI overpayments by means of one-time face to face, telephone, or video conference interviews. At the time of the conference, the overpaid recipients may provide documents to support their contention they are without fault in causing the overpayment, and do not have the ability to repay the debt. They may submit a personal statement or gather and present any previously submitted documentation or forms related to their case during their conference. For instance, they may present the SSA-795, Statement of Claimant or Other Person (OMB #0960-0045); or the SSA-632, Request for Waiver of Overpayment Recovery or Change in Repayment Rate (OMB #0960 0037). If respondents decide not to attend the personal conference, SSA makes a final waiver decision based on available information. The respondents are overpaid beneficiaries or SSI recipients for whom SSA denied their initial request for a waiver of recovery of an overpayment, thus requiring a personal conference with them when SSA cannot approve the waiver.

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

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 48694	09/16/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 66262	12/03/2019
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Title XVI - Personal Conference: 416.557(c)(3) and 416-557(d)(8)
Title II - Personal Conference: 404.506(e)(3) and 404-506(f)(8)

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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	81,463	76,127	0	0	5,336	0
Annual Time Burden (Hours)	61,097	38,064	0	0	23,033	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: No

Burden Reduction Due to:

Short Statement: When we last cleared this IC in 2017, the burden was 38,064 hours. However, we are currently reporting a burden of 61,097 hours. This change stems an increase in the time per response from 30 to 45 minutes, as well as an increase in the number of responses from 76,127 to 81,463. We adjusted the time per response to account for the folder review conducted with the overpaid individual prior to the personal conference (see 20 CFR 404.506(c)-(d)).

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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Common Form ICR:  No

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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: 12/16/2019

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