Supporting Statement - 0416

Supporting Statement for Form SSA-8203-BK

Statement for Determining Continuing Eligibility for

Supplemental Security Income Payment

20 CFR 416.204

OMB No. 0960-0416

1. Justification

1. Introduction/Authoring Laws and Regulations

Title XVI, part A, section 1611(c)(1) of the Social Security Act requires that “… eligibility for and the amount of [Supplemental Security Income (SSI))] benefits …shall be redetermined at such time or times as may be provided by the [Commissioner].” Subpart B, 20 CFR 416.204, of the Code of Federal Regulations provides that the Social Security Administration (SSA) will make redeterminations (RZs) periodically on a scheduled basis or when individuals inform SSA of a change that would affect an SSI recipient’s continued eligibility or payment amount.

2. Description of Collection

For High Error Profile (HEP) RZ cases, SSA employees conduct telephone or face to face interviews with SSI recipients and/or their representative payees and document the information gathered during the interview on Form SSA-8203-BK. We use information from the SSA-8203-BK to determine whether SSI recipients have met and continue to meet all statutory and regulatory requirements for SSI eligibility, and whether they have been and are still receiving the correct payment amount. Periodic collection of this information is the only way SSA can make these determinations, and collection of this information is mandatory under the law. The respondents are SSI recipients or their representative payees.

3. Use of Information Technology to Collect the Information

SSA also collects this information during personal interviews by using the computerized Modernized SSI Claims System (MSSICS), which documents information SSA gathers from the recipient and provides printed redetermination output for the recipient’s signature. While we redetermine more than 80 percent of the HEP cases using MSSICS at this time, we continue to redetermine approximately 20 percent of cases using the paper form. We conduct electronic interfaces with records of other government entities to determine whether there are conflicts between the information we have in our system of records and the records of other government entities; however, we must verify any conflicting information we get through these sources with the SSI recipient. Under the current agency’s Government Paperwork Elimination Act (GPEA) plan, we have not scheduled the SSA-8203-BK for complete electronic implementation because of the high risk of payment error.

4. Why We Cannot Use Duplicate Information

Some, but not all, of the information SSA collects on Form SSA-8203-BK we also collect on Form SSA-8202-BK. SSA uses Form SSA-8202-BK to conduct RZs on middle-error and low-error profile (MEP and LEP) RZ cases either during personal contact interviews that SSA field office personnel (for MEPs) conduct, or as a self-help form that the respondent completes without assistance from SSA employees (for LEPs). The SSA-8202-BK does not elicit enough information to make accurate determinations of continuing eligibility and payment amount in HEP RZ cases.

In summary, we use the two forms for different purposes. There is no other similar information or data that SSA can use or modify for this purpose.

5. Minimizing Burden on Small Respondents

This collection does affect small businesses or other small entities.

6. Consequence of Not Collecting Information or Collecting it Less Frequently

Since the collection of this information is mandatory, SSA must collect it. In addition, if we conducted the HEP RZs less frequently, or collected the information using a less detailed form, potential eligibility or events affecting payments might remain undetected for an extended period of time. Underpayments would adversely affect recipients, which would deprive them of necessary funds owed to them, and by overpayments, which would result in collection activities. There are no technical or legal obstacles that prevent burden reduction.

7. Special Circumstances

There are no special circumstances that would cause SSA to conduct this information collection in a manner inconsistent with 5 CFR 1320.5.

8. Solicitation of Public Comment and Other Consultations with the Public

The 60-day advance Federal Register Notice published on November 17, 2009 at 74 FR 59336, and SSA has received no public comments. The second Notice published on January 22, 2010, at 75 FR 3778. If we receive any comments in response to the 30-day Notice, we will forward them to OMB. There have been no outside consultations with members of the public.

9. Payment or Gifts to Respondents

SSA provides no payment or gifts to the respondents.

10. Assurances of Confidentiality

SSA protects and holds confidential the information it collects in accordance with 42 U.S.C. 1306, 20 CFR 401 and 402, 5 U.S.C. 552 (Freedom of Information Act), 5 U.S.C. 552a (Privacy Act of 1974), and OMB Circular No. A-130.

11. Justification for Sensitive Questions

The information collection does not contain any questions of a sensitive nature.

12. Estimates of Public Reporting Burden

The chart below represents the estimated annual burden associated with this collection activity:

Collection Method	Number of Respondents	Frequency of Response	Average Burden per Response (minutes)	Estimated Annual Burden (hours)
MSSICS	94,568	1	20	31,523
MSSICS/ Signature Proxy	31,522	1	19	9,982
Paper	31,522	1	20	10,507
Totals	157,612			52,012

The total burden represents burden hours, and SSA calculated no separate cost burden.

13. Annual Cost to the Respondents (Other)

There is no known cost burden to the respondents.

14. Annual Cost To Federal Government

The annual cost to the Federal Government is approximately $7 million, which includes printing, postage, envelopes, and SSA staff time. However, according to SSA’s quality assurance dollar impact data, the benefit achieved in terms of prevented/collected overpayments and paid/prevented underpayments is approximately $21 million.

15. Program Changes or Adjustments to the Information Collection Request

The 4,382 hour decrease in the public reporting burden reflects the selection of fewer redeterminations profiled due to SSA’s reduced budget.

16. Plans for Publication Information Collection Results

SSA will not publish the results of the information collected.

17. Displaying the OMB Approval Expiration Date

OMB granted SSA an exemption from the requirement to print the OMB expiration date on its program forms. SSA produces millions of public-use forms with life cycles exceeding those of an OMB approval. Since SSA does not periodically revise and reprint its public-use forms (e.g., on an annual basis), OMB granted this exemption so SSA would not have to destroy stocks of otherwise useable forms with expired OMB approval dates, avoiding Government waste.

18. Exceptions to Certification Statement

SSA is not requesting an exception to the certification requirements at 5 CFR 1320.9 and related provisions at 5 CFR 1320.8(b)(3).

2. Collection of Information Employing Statistical Methods

SSA does not use statistical methods for this information collection.