View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0960-0671
ICR Reference No:
201306-0960-004
Status:
Historical Inactive
Previous ICR Reference No:
201206-0960-010
Agency/Subagency:
SSA
Agency Tracking No:
Title:
Acknowledgement of Receipt (Notice of Hearing)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Preapproved
Conclusion Date:
10/29/2013
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/27/2013
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2016
36 Months From Approved
06/30/2016
Responses
2,654,000
0
900,000
Time Burden (Hours)
970,966
0
450,000
Cost Burden (Dollars)
0
0
0
Abstract:
We use the information obtained on these completed forms to manage the means by which SSA conducts the hearing before an administrative law judge (ALJ) and the scheduling of the hearing with the ALJ. SSA will use Form HA-55 as a way for the claimants to opt-out of an appearance via video teleconferencing for their hearing with the ALJ. If they choose not to make their appearance via video teleconferencing, they must return the HA-55 to SSA within 30 days of receiving the notice, prior to SSA scheduling the hearing. SSA will then schedule the claimant's appearance via an in-person hearing, unless we need to schedule a phone teleconference due to location, or the claimant changes residences while the request for hearing is pending. If the claimant changes residences, we will retain the right to determine if the claimant will appear at the hearing via video teleconferencing. SSA uses Form HA-504 (both versions) to acknowledge the claimants will appear for their hearing with an ALJ; establish the time and place of the hearing; and remind claimants to gather evidence in support of their claim. The difference between the HA-504 and the HA-504-OP1 is the language used for the selection checkboxes as determined by the type of appearance for the hearing (in-person or phone teleconference). SSA determines which version of the form to use based on where the claimant lives, and the location of the ALJ and experts involved in the case. We schedule a claimant's appearance by phone if it is not possible to schedule an appearance in-person or through video teleconference (because the respondent already opted out of the video teleconference). Depending on the claimant's response, the ALJ will either: 1) prepare for the hearing as scheduled; or 2) reschedule the hearing for a different date or location. The cover letter for the HA-504, the HA-L83, will also explain the claimants' need to notify SSA of their wish to object no later than five days prior to the hearing or 30 days after they receive the HA 504. SSA uses Form HA-510 for the claimant to document that they waive their right to receive the Notice of Hearing as specified in the HA-L83 cover letter for the HA-504, Notice of Hearing. We typically use this form when there is a last minute available opening on the ALJ's schedule due to a cancellation or postponement of a hearing. If the claimants agree to fill the time slot to have their hearings earlier, then the claimants would also agree to waive the requirement to receive the hearing notice 20 days (or 75 days in Region 1) prior to the scheduled hearing. In those cases, the claimant fills out Forms HA-510 and HA-504 prior to the hearing. The respondents are applicants for Social Security disability payments who request a hearing to appeal an unfavorable entitlement or eligibility determination.
Authorizing Statute(s):
US Code:
42 USC 405
Name of Law: Social Security Act
US Code:
42 USC 1383
Name of Law: Social Security Act
Citations for New Statutory Requirements:
US Code: 42 USC 401, 404, 405, 421, 423, & 405 Name of Law: Social Security Act
US Code: 42 USC 902, 1381, 1381a, 1383, &1383b Name of Law: Social Security Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0960-AH37
Proposed rulemaking
78 FR 38610
06/27/2013
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
5
IC Title
Form No.
Form Name
Acknowledgement of Receipt (Notice of Hearing) - HA-504 (without teleconferencing)
HA-504
Acknowledgement of Receipt (Notice of Hearing)
Acknowledgement of Receipt (Notice of Hearing) - HA-504-OP1 (telephone hearing)
HA-504-OP2
Acknowledgement of Receipt (Notice of Hearing)
Acknowledgement of Receipt (Notice of Hearing) - HA-504-OP1 (without teleconferencing)
HA-504-OP1
Acknowledgement of Receipt (Notice of Hearing)
Acknowledgement of Receipt (Notice of Hearing) Cover Letter - HA-L83
Objection to Appearing by Video Teleconferencing
HA-55
Objection to Appearing by Video Teleconferencing
Waiver of Written Notice of Hearing - HA-510
HA-510
Waiver of Written Notice of Hearing
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
2,654,000
900,000
1,753,000
0
1,000
0
Annual Time Burden (Hours)
970,966
450,000
520,466
0
500
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:
To accommodate the new regulations, we revised the HA-504, removed the HA 504 OP1, renamed the current HA-504-OP2 (changed to "HA-504-OP1"), created a new form, the HA-55, and added the HA-510, which is currently in-use without OMB approval, to this information collection request (see Addendum for further details). The new Form HA 55 and the Form HA-510, which covers revised regulation citations 404.938(a); 405.316(a); and 416.1438(a), increase the public reporting burden, as do new Regulation citations 404.936(e), 416.1436(e), which we will cover under revised language in the HA-504 cover letter, the HA-L83. Through this information collection request, we are also brining the HA 510 into compliance with the Paperwork Reduction Act. See #12 above for updated burden figures. In addition, we increased the burden for the HA-504 due to an increase in the number of annual respondents.
Annual Cost to Federal Government:
$264,786
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
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?
Uncollected
Agency Contact:
Faye Lipsky 410 965-8783 faye.lipsky@ssa.gov
Common Form ICR:
No
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:
06/27/2013
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