Federal Register: December 17, 2008 (Volume 73, Number 243)
DOCID: fr17de08-18 FR Doc E8-29951
SOCIAL SECURITY ADMINISTRATION
Social Security Administration
CFR Citation: 20 CFR Part 404
Docket ID: [Docket No. SSA-2007-0058]
RIN ID: RIN 0960-AG58
NOTICE: PROPOSED RULES
DOCID: fr17de08-18
DOCUMENT ACTION: Notice of proposed rulemaking.
SUBJECT CATEGORY:
Use of Date of Written Statement as Filing Date
DATES: To be sure that your comments are considered, we must receive them by February 17, 2009.
DOCUMENT SUMMARY:
We propose to revise our rules for protective filing after we receive a written statement of intent to claim Social Security benefits under title II of the Social Security Act (the Act). Specifically, we propose to revise from 6 months to 60 days the time period during which you must file an application for benefits after the date of a notice we send explaining the need to file an application. We are proposing this revision to make the time period used in the title II program consistent with the time period used in other programs we administer under the Act. We believe that eliminating the difference between the time periods in the programs we administer would make it easier for the public to understand and follow our rules.
SUMMARY:
Use of Date of Written Statement as Filing Date,
SUPPLEMENTAL INFORMATION
Electronic Version
The electronic file of this document is available on the date of
publication in the Federal Register at http://www.gpoaccess.gov/fr/ index.html.
What rules are we proposing to revise?
Time Period To File an Application after Submitting a Written Statement of Intent To Claim Benefits
We propose to revise our regulations at Sec. 404.630(c), which explain when we will use the date of a written statement as your filing date for Social Security benefits under title II of the Act. We will use the date a written statement indicating your intent to claim benefits is filed with us as the date of your application for benefits if certain requirements are met. Under our current regulations, you must file the application for benefits within 6 months after the date of a notice we send advising you of the need to file an application. We propose to revise the time period to 60 days after the date of such notice.
Why are we proposing to change our rules?
As stated above, our current protective filing rules under title II allow us to protect your intent to file for a 6month period Our current rules also allow for protective filing in the supplemental security income program under title XVI of the Act and the special veterans benefits program under title VIII of the Act. However, the time period in which an application must be filed in those programs is 60 days after the date of the notice we send advising you of the need to file an application.
Our program experience has shown that the public may be confused by
the difference in time periods for protective filing in the programs we
administer, and this confusion may cause them to lose benefits. This is
especially true when claimants indicate they intend to file concurrent
applications for more than one program, usually under titles II and XVI of the Act. The proposed
[[Page 76574]]
change to the time period in which to file an application for benefits
under title II would simplify program policies by making the time
period consistent across the programs we administer under the Act.
The change we are proposing would also help streamline procedures for our field office employees who currently use separate protective filing procedures for claims under title II and title XVI. For instance, the proposed revision could reduce the need for separate notices for each program, providing instead for a single, combined notice. The time savings for field office employees would allow them to process additional claims, and thereby allow us to provide better public service. Ultimately, this change would benefit all applicants for Social Security benefits.
By making the filing period 60 days for title II, we encourage applicants to pursue claims promptly, which can reduce overall case processing time and ultimately provide benefits in a shorter period of time.
Moreover, expanded and updated methods of filing, including Internet applications, provide an opportunity to apply promptly, which we believe lessens the need for a 6month protective filing period. What programs would these proposed rules affect?
These proposed rules would affect claims for Social Security benefits under title II of the Act. In addition, to the extent that Medicare entitlement is based on whether you qualify for benefits under title II, these proposed rules would also affect the Medicare program. What is our authority to make rules and set procedures for determining whether a person qualifies for benefits under title II of the Act?
Section 205(a) of the Act provides that:
The Commissioner of Social Security shall have full power and authority to make rules and regulations and to establish procedures, not inconsistent with the provisions of this title, which are necessary or appropriate to carry out such provisions, and shall adopt reasonable and proper rules and regulations to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits hereunder.
When will we start to use these rules?
We will not use these rules until we evaluate the public comments we receive on them, determine whether they should be issued as final rules, and issue final rules in the Federal Register. If we publish final rules, we will explain in the preamble how we will apply them. We will also summarize and respond to any public comments. Until the effective date of any final rules, we will continue to use our current rules.
Clarity of These Proposed Rules
Executive Order 12866, as amended, requires each agency to write
all rules in plain language. In addition to your substantive comments
on these proposed rules, we invite your comments on how to make them easier to understand.
For example:
Regulatory Procedures
Executive Order 12866, as Amended
We have consulted with the Office of Management and Budget (OMB) and determined that these proposed rules meet the requirements for a significant regulatory action under Executive Order 12866, as amended. Thus, they were subject to OMB review.
Regulatory Flexibility Act
We certify that these proposed rules would not have a significant economic impact on a substantial number of small entities because they would affect only individuals. Thus, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required.
Paperwork Reduction Act
These proposed rules contain reporting requirements in section
Sec. 404.630. These rules changes the protective filing period from 6
months to 60 days for title II claims. We previously accounted for this
public reporting burden in the Information Collection Requests for an
existing form the public uses to submit the information to SSA.
Consequently, we are inserting a 1hour placeholder burden in this section.
Number of Average burden
Regulation section Description of public respondents Frequency of per response Estimated annual burden
reporting requirement (annually) response (minutes)
Sec. 404.630..................... When members of the public ................ ................ ................ 1 hour (placeholder burden).
state their intent to
claim title II Social
Security benefits, SSA sends them a notice
telling them they must
file an application for these benefits. This
regulation section changes
the time period in which
they are required to file
the application from six months to 60 days..
Total.......................... N/A........................ ................ N/A N/A 1
SSA is submitting an Information Collection Request for clearance
of this regulation section to OMB. We are soliciting comments on the
burden estimate; the need for the information; its practical utility;
ways to enhance its quality, utility, and clarity; and ways to minimize
the burden on respondents, including the use of automated techniques or
other forms of information technology. If you would like to submit comments, please send them to the following locations:
Office of Management and Budget, Attn: Desk Officer for SSA, Fax
Number: 2023956974, Email address: OIRA_Submission@omb.eop.gov; [[Page 76575]]
Social Security Administration, Attn: Reports Clearance Officer, 1333
Annex, 6401 Security Blvd., Baltimore, MD 212350001, Fax Number: 410
9656400, Email: OPLM.RCO@ssa.gov.
You can submit comments for up to 60 days after the publication of
this notice; however, your comments will be most useful if you send
them to SSA within 30 days of publication. To receive a copy of the OMB
clearance package, contact the SSA Reports Clearance Officer using any
of the above contact methods. We prefer to receive comments by email or fax.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social SecuritySurvivors Insurance.)
List of Subjects in 20 CFR Part 404
Administrative practice and procedure; Blind, Disability benefits;
OldAge, Survivors, and Disability Insurance; Reporting and recordkeeping requirements; Social Security.
Dated: September 18, 2008.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the preamble, we propose to amend
subpart G of part 404 of chapter III of title 20 of the Code of Federal Regulations as set forth below:
PART 404FEDERAL OLDAGE, SURVIVORS AND DISABILITY INSURANCE (1950 )
Subpart G[Amended]
1. The authority citation for subpart G continues to read as follows:
Authority: Secs. 202 (i), (j), (o), (p), and (r), 205(a), 216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act (42 U.S.C. 402 (i), (j), (o), (p), and (r), 405(a), 416(i)(2), 423(b), 428(a), and 902(a)(5)).
2. Amend Sec. 404.630(c) by revising the first sentence to read as follows:
Sec. 404.630 Use of date of written statement as filing date. * * * * *
(c) The claimant files an application with us on an application
form as described in Sec. 404.611, or one is filed for the claimant by
a person described in Sec. 404.612, within 60 days after the date of a
notice we will send advising of the need to file an application. * * * * * * * *
[FR Doc. E829951 Filed 121608; 8:45 am]
BILLING CODE 419102P
FOR FURTHER INFORMATION CONTACT
Martin Sussman, Office of Regulations, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 212356401. Call (410) 9651767 for further information about these proposed rules. For information on eligibility or filing for benefits, call our national tollfree number 18007721213 or TTY 1800325 0778, or visit our Internet Web site, Social Security Online, at http:/ /www.socialsecurity.gov.