NPRM for Administrative Rules for Claimant Representation and Provisions for Direct Payment to Entities (Marasco Decision), RIN 0960-AI22

Forms and Documents

Document Name	Status
Form SSA-1694 404.1735; 416.1535 - An entity is eligible for direct payment under certain circumstances - SSA-1694 (0960-0731) Form and Instruction	New
Form SSA-1696 404.1730(e)(2); 416.1530(e)(2) - A representative may rescind an assignment before the date on which we notify you of our first favorable determination or decision - SSA-1696 (0960-0527) Form and Instruction	New
Form SSA-1696 404.1720(f) 416.1520 (f) - A representative who is eligible for direct payment of an authorized fee may assign direct payment of the authorized fee to an entity that is eligible - SSA-1696 (0960-0527) Form and Instruction	New
Form SSA-1696 404.1707(a); 416.1507(a) - Your representative completes and signs our prescribed appointment form - SSA-1696 (0960-0527) Form and Instruction	New
Form SSA-1696 404.1707(a); 416.1507(a) - You [claimant] complete and sign our prescribed appointment form - SSA-1696 (0960-0527) Form and Instruction	New
Form SSA-1699 404.1705(c); 416.1505(c) - Your representative(s) must be registered with us in the manner we prescribe before you submit the appointment(s) - SSA-1699 (0960-0732) Form and Instruction	New
0960-NEW (Marasco NPRM ICR).docx Supporting Statement A	2023-08-04
Changes to the Administrative Rules for Claimant Representation and Provisions for Direct Payment to Entities (Marasco Decision)- RIN 0960-AI22.pdf Supporting Statement B	2023-08-04

IC Document Collections

IC ID	Document Title	Status
261468	404.1735; 416.1535 - An entity is eligible for direct payment under certain circumstances - SSA-1694 (0960-0731) Form and Instruction	New
261467	404.1730(e)(2); 416.1530(e)(2) - A representative may rescind an assignment before the date on which we notify you of our first favorable determination or decision - SSA-1696 (0960-0527) Form and Instruction	New
261466	404.1720(f) 416.1520 (f) - A representative who is eligible for direct payment of an authorized fee may assign direct payment of the authorized fee to an entity that is eligible - SSA-1696 (0960-0527) Form and Instruction	New
261465	404.1707(a); 416.1507(a) - Your representative completes and signs our prescribed appointment form - SSA-1696 (0960-0527) Form and Instruction	New
261464	404.1707(a); 416.1507(a) - You [claimant] complete and sign our prescribed appointment form - SSA-1696 (0960-0527) Form and Instruction	New
261460	404.1705(c); 416.1505(c) - Your representative(s) must be registered with us in the manner we prescribe before you submit the appointment(s) - SSA-1699 (0960-0732) Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202308-0960-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: SSA	Agency Tracking No:
Title: NPRM for Administrative Rules for Claimant Representation and Provisions for Direct Payment to Entities (Marasco Decision), RIN 0960-AI22
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/04/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	2,872,382	0
Time Burden (Hours)	276,394	0
Cost Burden (Dollars)	0	0

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Abstract: For some sections in the proposed rule, we previously accounted for the public reporting burdens under the following OMB approved information collections: 0960-0527 (SSA 1696, Appointment of Representative, which allows an individual to appoint a representative, and requires the representative’s agreement to serve as representative), 0960-0731 (SSA-1694, Request for Business Entity Taxpayer Information, which requests specific taxpayer data from representatives requesting a fee), and 0960 0732 (SSA-1699, Registration for Appointed Representative Services and Direct Payment, which requires the representatives to prove eligibility when they register with SSA and allows them to request a fee). However, the proposed rule also introduces new public reporting burdens under sections 20 CFR 404.1707, 404.1720, 404.1730, 404.1735, 416.1507, 416.1520, 416.1530, and 416.1535. Therefore, we are accounting for those new burdens under this information collection request. The proposed rule will also require all representatives to register with SSA under sections 20 CFR 404.1705 and 416.1505, which will increase the burden for the SSA-1699 (0960 0732). Upon OMB’s approval of the final rule, we will incorporate these new burdens under the current OMB approvals for the associated information collections. Respondents are applicants for, or recipients of, Social Security disability benefits (SSDI); SSI payments; or anyone pursuing a benefit or invoking a right under SSA programs, who are notifying SSA they have appointed someone to represent them in their dealings with SSA; any non-attorney representatives who need to sign the form; as well as individuals revoking their appointment of representative, and their representatives’ withdrawal of their acceptance of an appointment.

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Authorizing Statute(s): US Code: 42 USC 405 Name of Law: Social Security Law
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0960-AI22	Proposed rulemaking	88 FR 51747	08/04/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
404.1705(c); 416.1505(c) - Your representative(s) must be registered with us in the manner we prescribe before you submit the appointment(s) - SSA-1699 (0960-0732)	SSA-1699	Registration for Appointed Representative Services and Direct Payment
404.1707(a); 416.1507(a) - You [claimant] complete and sign our prescribed appointment form - SSA-1696 (0960-0527)	SSA-1696	Claimant's Appointment of a Representative
404.1707(a); 416.1507(a) - Your representative completes and signs our prescribed appointment form - SSA-1696 (0960-0527)	SSA-1696	Claimant's Appointment of a Representative
404.1720(f) 416.1520 (f) - A representative who is eligible for direct payment of an authorized fee may assign direct payment of the authorized fee to an entity that is eligible - SSA-1696 (0960-0527)	SSA-1696	Claimant's Appointment of a Representative
404.1730(e)(2); 416.1530(e)(2) - A representative may rescind an assignment before the date on which we notify you of our first favorable determination or decision - SSA-1696 (0960-0527)	SSA-1696	Claimant's Appointment of a Representative
404.1735; 416.1535 - An entity is eligible for direct payment under certain circumstances - SSA-1694 (0960-0731)	SSA-1694	Entity Registration and Taxpayer Information

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ICR Summary of Burden

	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	2,872,382	0	0	2,872,382	0	0
Annual Time Burden (Hours)	276,394	0	0	276,394	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The new proposed rule decreases the overall public reporting burden for these information collections. See question #12 for updated burden figures. As noted in #12 above, upon OMB approval of the final rule, we will update the burden figures in the associated information collections under 0960-0527, 0960-0731, and 0960-0732 to reflect these revised burdens.

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Annual Cost to Federal Government:

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.     Yes

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: 08/04/2023

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