Incorporation by Reference of Oral Findings of Fact and Rationale in Wholly Favorable Written Decisions

Forms and Documents

Document Name	Status
Notice of Bench Decision.doc Supplementary Document	2009-01-22
Justification for the Non-Substantive Change to 0960-0694.doc Justification for No Material/Nonsubstantive Change	2009-01-21
Supporting Statement--0694.doc Supporting Statement A	2007-11-14

IC Document Collections

IC ID	Document Title	Status
9748	Incorporation by Reference of Oral Findings of Fact and Rationale in Wholly Favorable Written Decisions Instruction	Unchanged

ICR Details

OMB Control No: 0960-0694	ICR Reference No: 200901-0960-006
Status: Historical Active	Previous ICR Reference No: 200709-0960-014
Agency/Subagency: SSA	Agency Tracking No:
Title: Incorporation by Reference of Oral Findings of Fact and Rationale in Wholly Favorable Written Decisions
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/25/2009
	Date Received in OIRA: 01/22/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2010	12/31/2010	12/31/2010
Responses	2,500	0	2,500
Time Burden (Hours)	208	0	208
Cost Burden (Dollars)	0	0	0

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Abstract: Sections 20 CFR 404.953 and 416.1453 of our regulations state that if an Administrative Law Judge makes a wholly favorable oral decision for a claimant of Title II or Title XVI payments at an administrative appeals hearing, and if this oral decision includes all findings and the rationale for the decision, the records from the oral hearing preclude the need for a written decision. This is known as the incorporation-by-reference process. These regulations also state that if the involved parties want a record of the oral decision, they may submit a written request for these records.

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Authorizing Statute(s): US Code: 42 USC 902 Name of Law: null
   US Code: 42 USC 405 Name of Law: null
   US Code: 42 USC 1383 Name of Law: null
  

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:
	72 FR 46529	08/20/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 59132	10/18/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Incorporation by Reference of Oral Findings of Fact and Rationale in Wholly Favorable Written Decisions

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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	2,500	2,500	0	0	0	0
Annual Time Burden (Hours)	208	208	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The reduction in the number of annual burden hours by half is based on SSA’s experiences during the past three years. The estimate given in 2004 was based on SSA’s projections and not on experience. Now that we have experience to work with, we have lowered our numbers to reflect our current knowledge of the response rate.

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Annual Cost to Federal Government: $40,000

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]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

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: 01/22/2009

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