20 CFR 404.1717, 404.1745-404.1799, and 20 CFR 416.1517, 416.1545-416.1599
A. Justification
Introduction/Authoring Laws and Regulations
Section 3 of the Social Security Disability Applicants Access to Professional Representation Act (PRA) of 2010, Public Law (Pub.L.) 111-142, permanently extends the direct payment provision of Section 303 of the Social Security Protection Act (SSPA) of 2004, Pub.L. 108-203. The PRA permits the Social Security Administration (SSA) to extend direct payment of approved fees from claimants’ past-due benefits to certain non-attorney representatives. Prior to the enactment of the SSPA and PRA, only attorneys could receive direct payment of SSA-approved fees. Under the PRA, non-attorneys must meet the following prerequisites to be eligible for direct payment of fees:
Have been awarded a bachelor’s degree from an accredited institution of higher education, or have equivalent qualifications derived from training and work experience if the individual does not have a bachelor’s degree;
Pass an examination testing knowledge of the relevant provisions of the Social Security Act (Act) and court decisions affecting the benefit programs under titles II and XVI of the Act;
Secure professional liability insurance or equivalent insurance to protect claimants in the event of malpractice by the non-attorney representative;
Pass a criminal background check; and
Demonstrate completion of continuing education courses, including courses in ethics and professional conduct, to enhance professional knowledge in matters related to entitlement to, or eligibility for, benefits based on disability under titles II and XVI of the Act.
The PRA, as did the SSPA, requires SSA to collect the information needed to determine if applicants have satisfied these prerequisites. Under the SSPA, we used the Social Security Administration Non-Attorney Representative Demonstration Project Application to collect applicants’ prerequisite information. SSA codified these rules in 20 CFR 404.1717, 404.1745-404.1799, and 20 CFR 416.1517, 416.1545-416.1599. The current Information Collection Request (ICR) is for a revised version of this form. We have revised the application to comply with the PRA and the Revisions to Direct Fee Payment Rules (RIN 0960-AH21), Regulation 3625I, whose provisions we are clearing in this ICR as well.
Description of Collection
The information we collect helps us determine whether an applicant has fulfilled the statutory prerequisites and regulatory requirements as listed in item number 1 above. To verify this information, we will collect the following items, in addition to the application:
a signed criminal background form, allowing us to conduct criminal background checks;
the examination document and score for applicants who take the examination,
professional or business liability insurance policies from applicants who pass the examination;
official college transcripts from applicants who pass the examination and possess a bachelor’s degree or higher
high school transcripts, diplomas, or GED certificates and proof (e.g., Internal Revenue Service Form W-2(s) and wage and tax statement(s)) of relevant professional experience from applicants who pass the examination, but do not possess a bachelor’s degree or higher
email messages, from eligible non-attorneys, which certify the completion of a required continuing education course.
Every year, SSA will evaluate the applications, conduct verification investigations, and issue recommendations regarding applicants’ eligibility to sit for the examination and eligibility to receive direct payment. In addition, one of the requirements for direct payment is the completion of continuing education credits. To meet these credits, eligible non-attorneys will have to view training guides and materials, including but not limited to PowerPoint presentations, or Webinars, on ethics, professional conduct, disability listings, etc. which SSA will make available on the Social Security Website. They will certify they have taken the training by sending us an email message acknowledging their completion of the training within a specified period as directed by us. The respondents are non-attorneys who want to receive direct payment of their fees for representational services before SSA.
Use of Information Technology to Collect the Information
The Statement of Work that will cover the contract for this project will state that the contractor must collect the information using a paper questionnaire form since a wet signature is required on the application. The paper form will be available for print on the contractor’s Internet website. Applicants will mail or deliver the signed paper form to the contractor.
We expect 100 percent of eligible non-attorneys to view the continuing education credit training materials or guides on the internet and confirm the viewing with an email or other electronic message.
Why We Cannot Use Duplicate Information
The nature of the information we are collecting and the manner in which we are collecting it preclude duplication. SSA does not use another collection instrument to obtain similar data.
Minimizing Burden on Small Respondents
This collection does not affect small businesses or other small entities.
Consequence of Not Collecting Information or Collecting it Less Frequently If we do not use the application, the applicants would have no way to apply to become eligible to receive direct payment. This would be in violation of regulations at 5 CFR 1320.5. Applicants must timely submit their applications during the yearly application period within the time we prescribe. There are no technical or legal obstacles to burden reduction.
Special Circumstance
To limit the time required to determine eligibility, applicants have a prescribed period to submit their applications during the yearly application period. Applicants have 30 calendar days after the close of the application period to correct any application defects. There are no other special circumstances that would cause SSA to conduct this information collection in a manner inconsistent with 5 CFR 1320.5.
Solicitation of Public Comment and Other Consultations with the Public
SSA published the Interim Final Rule in the Federal Register Notice on July 28, 2011 at 76 FR 45184, and we received no public comments. SSA did not conduct outside consultations with members of the public.
Payment or Gifts to Respondents
SSA does not provide payments or gifts to the respondents for providing this information.
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.
Justification for Sensitive Questions
The information collection does not contain any questions of a sensitive nature.
Estimates of Public Reporting Burden –
The projected number of new and existing respondents may vary because of the eligibility criteria for non-attorneys to receive direct payment. However, we present the current burden information in the chart below:
The total burden for this ICR is 976 hours. This figure represents burden hours and we did not calculate a separate cost burden.
Annual Cost to the Respondents
This collection imposes a one-time application fee of $1000 per applicant. Since we estimate approximately 200 applicants per year, the total annual cost to the applicants is $200,000.
Annual Cost To Federal Government
The annual cost to the Federal Government is approximately $500,000. This estimate is a projection of the cost of paying the contractor who is responsible for collecting the information and verifying respondents’ eligibility for the demonstration project.
15. Program Changes or Adjustments to the Information Collection Request – The burden increase stems from the increase in the number of existing respondents and of the inclusion activities associated with the application process and continued eligibility for direct payment as a non-attorney representative. In addition, we will no longer collect the application electronically. The addendum provides detailed explanation about the change in the burden hours.
16. Plans for Publication Information Collection Results
SSA will not publish the results of the information collection.
17. Displaying the OMB Approval Expiration Date
SSA is not requesting an exception to the requirement to display an expiration date.
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).
B. Collections of Information Employing Statistical Methods
SSA does not use statistical methods for this information collection.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | Title of Information Collection and Form Number(s) |
| Author | Naomi |
| File Modified | 0000-00-00 |
| File Created | 2021-02-01 |