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
table that charts list comparision
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 individualâs 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 individualâs acquired skills and knowledge may become less relevant over time after they have stopped performing previous work. In addition, as we largely rely on individualsâ 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 â 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