Request for Hearing By Administrative Law Judge

Forms and Documents

Document Name	Status
Form HA-501 (MSSICS Scr Request for Hearing By Administrative Law Judge--Paper/MCS Version Form	Modified
Form i501 (Internet Ver Request for Hearing By Administrative Law Judge--Internet Version (i501) Form and Instruction	Modified
Addendum - 0269.docx Supplementary Document	2012-01-31
Supporting Statement - 0269.docx Supporting Statement A	2012-01-31

IC Document Collections

IC ID	Document Title	Status
9174	Request for Hearing By Administrative Law Judge--Paper/MCS Version Form	Modified
180726	Request for Hearing By Administrative Law Judge--Internet Version (i501) Form and Instruction	Modified

ICR Details

OMB Control No: 0960-0269	ICR Reference No: 201111-0960-007
Status: Historical Active	Previous ICR Reference No: 201110-0960-010
Agency/Subagency: SSA	Agency Tracking No:
Title: Request for Hearing By Administrative Law Judge
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/01/2012
	Date Received in OIRA: 01/31/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2015	36 Months From Approved	09/30/2014
Responses	669,469	0	669,469
Time Burden (Hours)	57,952	0	58,579
Cost Burden (Dollars)	0	0	0

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Abstract: When SSA denies applicants' or beneficiaries' requests for new or continuing benefits, those applicants or beneficiaries are entitled to request a hearing to appeal the decision. To request a hearing, individuals use Form HA–501, the associated Modernized Claims System (MCS) or Modernized Supplemental Security Income Claims System (MSSICS) interview, or the Internet application (i501). SSA uses the information to determine if the individual filed the request within the prescribed time; is the proper party; and has taken the steps necessary to obtain the right to a hearing. SSA also uses the information to determine the individual's reason(s) for disagreeing with SSA's prior determinations in the case; if the individual has additional evidence to submit; if the individual wants an oral hearing or a decision on-the-record; and whether the individual has (or wants to appoint) a representative. The respondents are Social Security benefit applicants and recipients who want to appeal SSA's denial of their request for new or continued benefits and Medicare Part B recipients who must pay the Medicare Part B Income-Related Monthly Adjustment Amount.

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Authorizing Statute(s): PL: Pub.L. 108 - 173 1350 & 931 Name of Law: Medicare Modernization Act of 2003
   PL: Pub.L. 106 - 169 251 & 809 Name of Law: Foster Care Independence Act of 1999
   PL: Pub.L. 103 - 296 105(a)(2)(B) Name of Law: Social Security Independence and Program Improvements Act
   US Code: 42 USC 405 Name of Law: Social Security Act
   US Code: 42 USC 1320c-4 Name of Law: Social Security Act
   US Code: 42 USC 1383 Name of Law: Social Security Act
   US Code: 42 USC 1395ff Name of Law: Social Security Act
   US Code: 42 USC 1395r Name of Law: Social Security Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 74838	12/01/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 4857	01/31/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Request for Hearing By Administrative Law Judge--Paper/MCS Version	HA-501, HA-501 (MCS Screens), HA-501 (MSSICS Screens)	Request for Hearing By Administrative Law Judge ,   Request for Hearing By Administrative Law Judge ,   Request for Hearing By Administrative Law Judge
Request for Hearing By Administrative Law Judge--Internet Version (i501)	i501 (Internet Version of HA-501)	Request for Hearing By Administrative Law Judge

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ICR Summary of Burden

	Total Approved	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	669,469	669,469	0	0	0	0
Annual Time Burden (Hours)	57,952	58,579	0	-627	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: When we last cleared the i501 portion of this IC in November 2011, the burden was 53,000 hours. This change stemmed from a decrease in the number of minutes it takes to complete the i501 due to screen changes that reduced and clarified the instructions. When we cleared the entire IC collection in September 2011, the burden was 206,978 hours. However, we are currently reporting a burden of 57,952 hours. This change stems from the decreased time due to the screen changes in November 2011 as well as the projected increase in the number of respondents who will complete the i501. We also expect a decrease in the burden hours because claimant representatives who file a request for hearing by an administrative law judge and request direct fee payment on the matter will be required to use the i501, which takes less time to complete.

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Annual Cost to Federal Government: $55,000

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

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Common Form ICR:  No

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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: 01/31/2012

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