Incorporation by Reference of Oral Findings of Fact and Rationale in Wholly Favorable Written Decisions
Revision of a currently approved collection
No
Regular
03/23/2026
Requested
Previously Approved
36 Months From Approved
04/30/2026
622
2,500
207
833
0
0
If an administrative law judge (ALJ) makes a wholly favorable oral decision, including all the findings and rationale for the decision for a claimant of Title II or Title XVI payments, at an administrative appeals hearing, the ALJ sends a Notice of Decision (Form HA-82), as the records from the oral hearing preclude the need for a written decision. We call this the incorporation-by-reference process. In addition, the regulations for this process state that if the involved parties want a record of the oral decision, they may submit a written request for these records. SSA collects identifying information under the aegis of Sections 20 CFR 404.953 and 416.1453 of the Code of Federal Regulations to determine how to send interested individuals written records of a favorable incorporation-by-reference oral decision made at an administrative review hearing. Since there is no prescribed form to request a written record of the decision, the involved parties send SSA their contact information and reference the hearing for which they would like a record. The respondents are applicants for Disability Insurance Benefits and SSI payments, or their representatives, to whom SSA gave a wholly favorable oral decision under the regulations cited above.
US Code:
42 USC 1383
Name of Law: The Social Security Act
US Code:
42 USC 405
Name of Law: The Social Security Act
US Code:
42 USC 902
Name of Law: The Social Security Act
When we last cleared this IC in 2023, the burden was 208 hours. However, we are currently reporting a burden of 52 hours. This change stems from a decrease in the number of responses from 2,500 to 622. In addition this decrease stems from a reduction of bench decisions issued to respondents. 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.
* Note: The total burden reflected in ROCIS is 207, while the burden cited in #12 of the Supporting Statement is 52. This discrepancy is because the ROCIS burden reflects the learning costs. In contrast, the chart in #12 of the Supporting Statement reflects actual burden.
$6,135
No
No
No
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.
03/23/2026
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Notice of Bench Decision - HA-82