View Information Collection Request (ICR) Package

OMB Control No: 0960-0834	ICR Reference No: 202309-0960-005
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: SSA	Agency Tracking No:
Title: Intermediate Improvement to the Disability Adjudication Process: Including How We Consider Past Work - RIN 0960-AI83
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 11/30/2023
	Date Received in OIRA: 10/02/2023
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

Abstract: 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.

Authorizing Statute(s): US Code: 42 USC 423(d)(1)(A) Name of Law: Social Security Act
US Code: 42 USC 1382c(a)(3)(A)-(C) Name of Law: Social Security Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0960-AI83	Proposed rulemaking	88 FR 67135	09/29/2023

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

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 #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.

Annual Cost to Federal Government: $0

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. No

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. 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? No

Agency Contact: Faye Lipsky 410 965-8783 faye.lipsky@ssa.gov

View ICR - OIRA Conclusion