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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Supporting Statement - 0769 (Final).docx	Supporting Statement A	Uploaded 2023-02-28	Repair queued

IC Document Collections

Information collection document groups

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: 202210-0960-008
Status: Historical Active	Previous ICR Reference No: 201908-0960-006
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: 04/17/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/28/2023
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2026	36 Months From Approved	05/31/2023
Responses	57,600	0	81,463
Time Burden (Hours)	72,960	0	61,097
Cost Burden (Dollars)	0	0	0

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Abstract: Prior to the personal conference, SSA provides the opportunity for the individual to review the information in their file that we used to make the overpayment and waiver determinations. SSA technicians send respondents a notice informing them of their overpayment and their ability to request review of their information via a personal conference. In addition, the notice explains that the respondent can provide additional documents to support their claim for waiver of their overpayment. SSA employees conduct the personal conferences mentioned above as one-time face-to-face, telephone, or video conference interviews. At the time of the conference, overpaid individuals may provide documents to support their contention they: • are without fault in causing the overpayment, • believe the overpayment is unfair, or • do not have the ability to repay the debt. Respondents may submit a personal statement, provide new or updated information, or 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 (OMB #0960-0037). If respondents decide not to attend the personal conference, SSA makes a final waiver decision based on available information. SSA does not track the percentage of individuals who attend their conference via a face-to-face meeting, telephone, or video conference. The respondents are 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:
	87 FR 71734	11/23/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 10614	02/21/2023
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

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

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ICR Summary of Burden

table that charts list 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	57,600	81,463	0	0	-23,863	0
Annual Time Burden (Hours)	72,960	61,097	0	0	11,863	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 2019, the burden was 61,097 hours. However, we are currently reporting a burden of 43,201 hours. This change stems from a decrease in the number of responses from 81,463 to 57,600. The number of responses changed due to SSA implementing a streamlined waiver process, which allows technicians to only approve waiver requests. Therefore, a personal conference is not necessary. There is no change to the burden time per response. These figures represent current Management Information data. Note: The total burden reflected in ROCIS is 101,760, while the burden cited in #12 of the Supporting Statement is 43,201. This discrepancy is because the ROCIS burden reflects the following components: field office & teleservice center waiting time, travel time, and learning costs. In contrast, the chart in #12 of the Supporting Statement reflects actual burden.

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Annual Cost to Federal Government: $1,179,648

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: 02/28/2023

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