Social Security
Administration Eligible Non-Attorney Representative
Revision of a currently approved collection
No
Regular
08/26/2020
Requested
Previously Approved
36 Months From Approved
01/31/2021
4,179
2,065
2,091
976
468,000
200,000
Section 3 of the Social Security
Disability Applicants Access to Professional Representation Act
(PRA) of 2010, Public Law (Pub.L.) 111-142, enacted on February 27,
2010 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. The PRA, as did
the SSPA, requires us to collect the information needed to
determine if applicants have satisfied the prerequisites. Under the
SSPA, we used the Social Security Administration Non-Attorney
Representative Demonstration Project Application to collect
applicants' prerequisite information. We are revising the
application to comply with the PRA and the Revisions to Direct Fee
Payment Rules (RIN 0960-AH21). To help us determine whether an
applicant has fulfilled the statutory prerequisites and regulatory
requirements of the PRA, we collect the following items from
applicants: 1) A signed criminal background form, from all
applicants, that allows us to conduct criminal background checks;
2) the examination document and score for applicants who take the
examination, 3) professional or business liability insurance
policies from applicants who pass the examination; 4) 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) 5) email
messages, from eligible non-attorneys, that certify the completion
of a required continuing education course. We require applicants to
submit their application forms directly to a contractor we hired to
assist with the management of the prerequisites for direct payment.
Every year, the contractor evaluates the applications, conducts
verification investigations, and issues recommendations to us
regarding applicants' eligibility to sit for the examination and
eligibility to receive direct payment. The respondents are
non-attorneys who want to receive direct payment of their fees for
representational services before SSA.
PL:
Pub.L. 111 - 142 3 Name of Law: Social Security Disability
Applicants Access to Professional Representation Act of 2010
PL:
Pub.L. 108 - 203 205 and 303 Name of Law: Social Security
Protection Act of 2004
When we last cleared this IC in
2017, the burden was 2,065 hours. However, we are currently
reporting a burden of 4,179 hours. This change stems an increase in
the number of responses from 976 to 2,091. There is no change to
the burden time per response. Although the number of responses
changed, SSA did not take any actions to cause this change. These
figures represent current Management Information data.
$107,142
No
Yes
Yes
No
No
No
No
Faye Lipsky 410 965-8783
faye.lipsky@ssa.gov
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:
(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;
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.