Employment Relationship Questionnaire

Forms and Documents

Document Name	Status
Form SSA-7160-F4 Employment Relationship Questionnaire Form	Modified
Form SSA-7160-F4 State, Local and Tribal Government Form	Removed
Form SSA-7160-F4 Private Sector Form	Removed
Addendum - 0040 (Final).docx Supplementary Document	2021-09-30
Supporting Statement - 0040 (Final).docx Supporting Statement A	2021-09-30

IC Document Collections

IC ID	Document Title	Status
8948	Employment Relationship Questionnaire Form	Modified
45416	State, Local and Tribal Government Form	Removed
45415	Private Sector Form	Removed

ICR Details

OMB Control No: 0960-0040	ICR Reference No: 202109-0960-008
Status: Received in OIRA	Previous ICR Reference No: 201804-0960-006
Agency/Subagency: SSA	Agency Tracking No:
Title: Employment Relationship Questionnaire
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/30/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2021
Responses	45	16,000
Time Burden (Hours)	19	6,666
Cost Burden (Dollars)	0	0

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Abstract: When SSA needs information to determine a worker’s employment status to maintain a worker’s earning records, the agency uses Form SSA-7160, Employment Relationship Questionnaire, to determine the existence of an employer-employee relationship. We use the information to develop the employment relationship; specifically, to determine whether a beneficiary is self employed or an employee. The respondents are individuals, households, businesses, and state or local governments seeking to establish their status as employees, and their alleged employers.

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Authorizing Statute(s): US Code: 42 USC 405 Name of Law: Social Security Act
   US Code: 42 USC 410 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:
	86 FR 40221	07/27/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 54007	09/29/2021
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
Employment Relationship Questionnaire	SSA-7160-F4	Employment Relationship Questionnaire
Private Sector	SSA-7160-F4	Employment Relationship Questionnaire
State, Local and Tribal Government	SSA-7160-F4	Employment Relationship Questionnaire

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ICR Summary of Burden

	Total Request	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	45	16,000	0	0	-15,955	0
Annual Time Burden (Hours)	19	6,666	0	0	-6,647	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: We are showing a large decrease in the use of this form since we last reported usage in 2018. There are two reasons for this decrease: 1) there has been a significant decrease in the need for Form SSA-7160, and 2) our previously reported numbers were based on old, and possibly inaccurate management information data. We have since updated SSA’s system to allow us to better calculate the usage of this form and have found that we overestimated the use when we reported it last. Finally, we also note that our new system does not require the field office to record the type of respondent; therefore, we are reporting the burden data in one IC that covers all the respondents. While the number of respondents has decreased, SSA did not take any actions to cause this change. These figures represent current management information data.

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Annual Cost to Federal Government: $13,356

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

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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: 09/30/2021

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