Rules of Conduct and Standards of Responsibility for Appointed Representatives

ICR 202101-0960-007

OMB: 0960-0804

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2021-06-07
ICR Details
0960-0804 202101-0960-007
Received in OIRA 201807-0960-001
SSA
Rules of Conduct and Standards of Responsibility for Appointed Representatives
Revision of a currently approved collection   No
Regular 06/07/2021
  Requested Previously Approved
36 Months From Approved 07/31/2021
43,672 43,720
3,639 3,643
0 0

Individuals appointed to represent claimants before SSA must report to SSA in writing whenever one of the following situations in our revised regulations occurs: • 20 CFR 404.1740(b)(5) and 416.1540(b)(5) – This regulatory section requires representatives to disclose to SSA in writing, at the time a medical or vocational opinion is submitted to SSA, or as soon as the representative is aware of the submission to us, if the representative’s employee or any individual contracting with the representative drafted, prepared, or issued a medical or vocational opinion about a claimant’s disability, or if the representative referred or suggested that the claimant seek an examination from, treatment by, or the assistance of the individual providing opinion evidence; • 20 CFR 404.1740(b)(6) and 416.1540(b)(6) – This regulatory section requires representatives to disclose to SSA immediately if the representative discovers that his or her services are or were used by the claimant to commit fraud against SSA; • 20 CFR 404.1740(b)(7) and 416.1540(b)(7) – This regulatory section requires representatives to disclose to SSA whether the representative is or has been disbarred or suspended from any bar or court to which he or she was previously admitted to practice, including instances in which a bar or court took administrative action to disbar or suspend the representative in lieu of disciplinary proceedings; If the disbarment or suspension occurs after the appointment of the representative, the representative will immediately disclose the disbarment or suspension to SSA; • 20 CFR 404.1740(b)(8) and 416.1540(b)(8) – This regulatory section requires representatives to disclose to SSA whether the representative is or has been disqualified from participating in or appearing before any Federal program or agency, including instances in which a Federal program or agency took administrative action to disqualify the representative in lieu of disciplinary proceedings. If the disqualification occurs after the appointment of the representative, the representative will immediately disclose the disqualification to SSA; and • 20 CFR 404.1740(b)(9) and 416.1540(b)(9) – This regulatory section requires representatives to disclose to SSA whether the representative has been removed from practice or suspended by a professional licensing authority for reasons that reflect on the representative’s character, integrity, judgment, reliability, or fitness to serve as a fiduciary. If the removal or suspension occurs after the appointment of the representative, the representative will immediately disclose the removal or suspension to SSA. A representative’s obligation to report these events is ongoing, and a representative must report any time one or more of these events occurs. We consider this information essential to ensure the integrity of our administrative process and to safeguard the rights of all claimants. Representatives must notify SSA in writing, but there is no prescribed format for these reports. The respondents are individuals appointed to represent claimants before SSA.

US Code: 42 USC 1386 Name of Law: Social Security Act
   US Code: 42 USC 405 Name of Law: Social Security Act
   US Code: 42 USC 406 Name of Law: Social Security Act
  
US Code: 42 USC 405 Name of Law: Social Security Act
US Code: 42 USC 406 Name of Law: Social Security Act
US Code: 42 USC 1386 Name of Law: Social Security Act

Not associated with rulemaking

  86 FR 12068 03/01/2021
86 FR 29348 06/01/2021
No

  Total Request 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 43,672 43,720 0 0 -48 0
Annual Time Burden (Hours) 3,639 3,643 0 0 -4 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
When we last cleared this IC in 2018, the burden was 3,643 hours. However, we are currently reporting a burden of 3,639 hours. This change stems a decrease in the number of responses from 43,720 to 43,672. There is no change to the burden time per response. Although the number of responses changed, SSA did not take any actions to cause this change. These figures represent current Management Information data.

$104,839
No
    No
    No
No
No
No
No
Faye Lipsky 410 965-8783 [email protected]

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
06/07/2021


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