Statement From Excluded Medical Sources of Evidence
Revision of a currently approved collection
No
Regular
07/31/2026
table that charts list comparision
Requested
Previously Approved
36 Months From Approved
07/31/2026
2,710
600
903
200
0
0
Section 812 of the Bipartisan Budget Act of 2015 (BBA), âExclusion of certain medical sources of evidence,â mandates that SSA exclude evidence in disability decisions from certain medical sources. BBA Section 812 amended section 223(d)(5) of the Social Security Act (Act) by adding a subsection âC.â Section 223(d)(5)(C)(i) of the Act, as amended, requires SSA to exclude evidence (except for good cause) from medical sources: (1) convicted of a felony under sections 208 or 1632 of the Act; (2) excluded from participating in any Federal health care program under section 1128 of the Act; or (3) imposed with a civil monetary penalty (CMP), assessment, or both, for submitting false evidence, under section 1129 of the Act. We also implemented section 223(d)(5)(C), as amended, through regulations at 20 CFR 404.1503b and 416.903b of the Code of Federal Regulations. These regulations require excluded medical sources to self-report their excluded status, in writing, each time they submit evidence related to a claim for benefits under Titles II or XVI of the Act. Excluded medical sourcesâ duty to self-report their excluded status applies to evidence they submit to SSA directly, or through a representative, claimant, or other individual or entity. As needed, SSA informs the medical sources we suspect should be excluded of these requirements through a Fact Sheet we send to them via mail, or which they can find on our website where we list the regulatory requirements under BBA section 812. In addition, along with the Fact Sheet and website, we provide sample statements as templates the affected medical sources can use to create their own written statements as required under our regulations. The respondents for this collection are medical sources that: (1) meet one of the exclusionary categories set forth in section 223(d)(5)(C)(i) of the Act, as amended; (2) furnish evidence related to a claim for benefits under Titles II or XVI of the Act; and (3) had failed to self-identify as an excluded source of medical evidence as required in section 223(d(5)(C)(i).
When we cleared the this ICR in 2023, the burden was 200 hours. However, we are currently reporting a burden of 903 hours. This change stems from both an increase in individuals reported to us who are initially identified as excluded sources of evidence â currently estimated at 2,670 (to whom we send the Fact Sheet informing them of their excluded status and our rules regarding the required statement), but also an overall decrease in the number of respondents who submit medical evidence without the required statement â currently estimated at 40 (to whom we send the follow-up notice). This demonstrates that there are fewer individuals who are either unfamiliar with our rules regarding the statement or who do not comply with our rules upon learning of them. Although the overall number of individuals identified as excluded sources has increased (which largely accounts for the increased annual cost to the Federal government due to the need to initially send the Fact Sheets), SSA continues to observe fewer excluded sources who submit evidence to us either without the required statement, or who submit evidence at all, as the years progress. These figures represent current Management Information data.
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.