Intermediate Improvement to
the Disability Adjudication Process: Including How We Consider Past
Work - RIN 0960-AI83
New
collection (Request for a new OMB Control Number)
No
Regular
10/02/2023
Requested
Previously Approved
36 Months From Approved
4,040,459
0
4,593,499
0
0
0
The Social Security Act (Act),
sections 42 U.S.C. 423(d)(1)(A) and 1382c(a)(3)(A)-(B), define
disability as the inability to engage in any substantial gainful
activity (SGA) by reason of any medically determinable physical or
mental impairment (MDI) which can be expected to result in death,
or which has lasted or can be expected to last for a continuous
period of not less than 12 months. The Act in section 42 U.S.C.
1382c(a)(3)(C), also states that an individual shall be determined
to have a disability only if their physical or mental impairment(s)
are of such severity that they are not only unable to do their
previous work but cannot, considering their age, education, and
work experience, engage in any other kind of substantial gainful
work which exists in the national economy, regardless of whether
such work exists in the immediate area in which they live, or
whether a specific job vacancy exists for them, or whether they
will be hired if they apply for work. SSA uses a five-step
sequential evaluation process to determine whether an individual is
disabled, as explained under sections 20 CFR 404.1520 and 416.920
of the Code of Federal Regulations (Code). We evaluate at each step
in the process to determine if the individual is disabled, and then
go to the next step of the sequential evaluation process and
continue in this way until we either find the individual disabled
or find they do not meet our disability requirements. Under our
proposed rule, Changes to the Intermediate Improvement to the
Disability Adjudication Process: Including How We Consider Past
Work, we propose to revise sections 20 CFR 404.1560, 404.1565,
416.960, and 416.965 of the Code to reduce the relevant work period
from the current 15 years to 5 years. In many cases, this revision
will reduce the number of jobs in an individual’s work history that
we will consider at step four of the sequential evaluation process
when we determine whether an individual can perform their PRW. We
expect that this change will more accurately reflect how an
individual’s acquired skills and knowledge may become less relevant
over time after they have stopped performing previous work. In
addition, as we largely rely on individuals’ self-reporting for
information about past work, and we find that self-reported
information is often less accurate and complete with the passage of
time. In addition, this proposal will reduce the information
collection burden on individuals by reducing, on average, the
number of jobs about which they must provide us with information.
We anticipate that requesting work history ending at the 5-year
mark will be significantly less burdensome than the current longer
work history. We use different forms to collect the work history
information necessary for the type and level of adjudication of a
claim. Therefore, we anticipate a burden reduction for each of
these forms when using a 5-year relevant work period. Under the
Notice of Proposed Rule Making for the Changes to the Intermediate
Improvement to the Disability Adjudication Process: Including How
We Consider Past Work, we anticipate reducing the amount of PRW
needed for the following information collections: 0960-0300,
HA-4633, Claimant's Work Background; 0960-0578, SSA-3369, Work
History Report; and 0960-0579, SSA-3368, Disability Report – Adult.
We anticipate this will result in a reduction in the overall burden
for these information collections. Respondents are applicants for,
or recipients of, Social Security disability benefits (SSDI); SSI
payments; or their representatives.
The new proposed rule decreases
the overall public reporting burden for these information
collections. See question #12 for updated burden figures. As noted
in #1 and #12 above, upon OMB approval of the final rule, we will
update the burden figures in the associated information collections
under 0960-0300, 0960-0578, and 0960-0579 to reflect these revised
burdens. * Note: The total burden reflected in ROCIS is 4,593,499,
while the burden cited in #12 of the Supporting Statement is
4,135,980. This discrepancy is because the ROCIS burden reflects
the field office and telephone waiting time. In contrast, the chart
in #12 of the Supporting Statement reflects actual burden.
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.
Form SSA-3368 0960-0579 SSA-3368 (Paper Form) 410.1560 416.960
0960-NEW (PRW NPRM ICR) - Addendum.docx
0960-0579 i3368 (Internet Screens), 401.1560, 404.1565, 416.960, and 416.965