[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Proposed Rules]
[Page 12923-12925]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-23]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA 2008-0007]
RIN 0960-AG70
Representative Payment Under Titles II, VIII and XVI of the
Social Security Act
AGENCY: Social Security Administration.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: We propose to amend our rules governing how we investigate
representative payee applicants. Under these proposed rules, any payee
who has previously satisfied the payee investigation process including
a face-to-face interview and is currently serving as a payee, need not
appear for another face-to-face interview when making a subsequent
application to become a payee, unless we determine, within our
discretion, that a new face-to-face interview is necessary. This change
would streamline our representative payee application process, thereby
allowing payee applicants to become qualified in a shorter timeframe
when they have already been investigated. This should expedite the
payment of benefits in certain representative payee situations. It will
also reduce the burden to the public and reduce traffic in our field
offices when a payee applicant has already satisfied the face-to-face
interview required by law.
DATES: To be sure that we consider your comments, we must receive them
no later than May 12, 2008.
ADDRESSES: You may submit comments by one of four methods--Internet,
facsimile, regular mail, or hand-delivery. Please do not submit the
same comments multiple times or by more than one method. Regardless of
which of the following methods you choose, please state that your
comments refer to Docket No. SSA-2008-0007 to ensure that we can
associate your comments with the correct regulation:
1. Federal eRulemaking portal at http://www.regulations.gov. (This
is the most expedient method for submitting your comments, and we
strongly urge you to use it.) In the Comment or Submission section of
the webpage, type ``SSA-2008-0007'', select ``Go'', and then click
``Send a Comment or Submission.'' The Federal eRulemaking portal issues
you a tracking number when you submit a comment.
2. Telefax to (410) 966-2830.
3. Letter to the Commissioner of Social Security, P.O. Box 17703,
Baltimore, Maryland 21235-7703.
4. Deliver your comments to the Office of Regulations, Social
Security Administration, 922 Altmeyer Building, 6401 Security
Boulevard, Baltimore, Maryland 21235-6401, between 8 a.m. and 4:30 p.m.
on regular business days.
All comments are posted on the Federal eRulemaking portal, although
they may not appear for several days after receipt of the comment. You
may also inspect the comments on regular business days by making
arrangements with the contact person shown in this preamble.
Caution: Our policy for comments we receive from members of the
public is to make them available for public viewing in their entirety
on the Federal eRulemaking portal at http://www.regulations.gov.
Therefore, you should be careful to include in your comments only
information that you wish to make publicly available on the Internet.
We strongly urge you not to include any personal information, such as
your Social Security number or medical information, in your comments.
FOR FURTHER INFORMATION CONTACT: Jerome Albanese, Office of
Regulations, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (404) 562-1024, for information about this
notice. For information on eligibility or filing for benefits, call our
national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or
visit our Internet site, Social Security Online, at http://
www.socialsecurity.gov.
SUPPLEMENTARY 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.
Background
Under the authority of sections 205(j), 807 and 1631(a)(2) of the
Social Security Act (the Act), we select a representative payee for
certain persons eligible for Social Security benefits under title II of
Act, special veteran's benefits (SVBs) under title VIII of the Act, or
supplemental security income under title XVI of the Act. We select a
representative payee if we believe that payment through a payee rather
than direct payment of benefits is in the interest of that beneficiary.
Subpart U of part 404, subpart F of part 408, and subpart F of part 416
of our regulations explain the procedures that we follow in determining
whether to make representative payment and in selecting a
representative payee under the title II, VIII and XVI programs.
[[Page 12924]]
Based on 205(j)(2), 807(b) and 1631(a)(2)(B) of the Act, our
current rules at Sec. Sec. 404.2024 and 416.624 require that, before
selecting an individual or organization to act as a person's
representative payee, we will investigate a payee applicant to
determine the applicant's suitability. Section 408.624 adopts these
investigatory requirements for SVBs by cross-reference to Sec.
404.2024.
An investigation includes, among other things, a face-to-face
interview unless it is impracticable to do so. The Act at
205(j)(2)(A)(i), 807(b)(1)(A) and 1631(a)(2)(B)(i)(I) states that we
conduct a face-to-face interview with a payee applicant to the extent
practicable. Based on this authority, our current rules at Sec. Sec.
404.2024 and 416.624 indicate that we generally conduct a face-to-face
interview with a payee applicant each time they file to become a payee,
regardless of whether the payee has already satisfied the investigation
and undergone a prior face-to-face interview.
Our current rules at Sec. Sec. 404.2024(b) and 416.624(b) appear
to provide only one exception to the requirement for holding a face-to-
face interview, and that is when such an interview is impracticable.
These sections explain that a face-to-face interview is impracticable
if conducting one would cause undue hardship, such as when a payee
applicant would have to travel a great distance to the field office.
Our current rules also indicate that we may decide it is impracticable
to require subsequent face-to-face interviews for organizational payees
that are known by our field office as suitable payees. We base this
decision on the organization's past performance, recent contacts, and
the organization's knowledge of and compliance with our reporting
requirements.
Explanation of Changes
We propose to eliminate the requirement that we conduct a face-to-
face interview before selecting an individual or organization to be a
representative payee if we have already conducted a face-to-face with
that payee and the payee is qualified and currently acting as a payee.
However, we would retain discretionary authority to require a
subsequent face-to-face interview of any payee applicant. In this
notice of proposed rulemaking, we have proposed revisions to Sec. Sec.
404.2024(b) and 416.624(b) that would accomplish these rule changes.
We propose adding a new paragraph (c), ``Impracticable,'' to
Sec. Sec. 404.2024(c) and 416.624(c). This new paragraph would contain
the first three sentences of current Sec. Sec. 404.2024(b) and
416.624(b), with editorial changes. We are not proposing any
substantive changes to this text.
Clarity of These Proposed Rules
Executive Order (E.O.) 12866, as amended, requires each agency to
write all rules in plain language. In addition to your substantive
comments on these final rules, we invite your comments on how to make
them easier to understand.
For example:
Have we organized the material to suit your needs?
Are the requirements in the rules clearly stated?
Do the rules contain technical language or jargon that
isn't clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rules easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rules easier to
understand?
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,
and summarize and respond to the public comments. Until the effective
date of any final rules, we will continue to use our current rules.
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 criteria for a
significant regulatory action under E.O. 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. Therefore, a
regulatory flexibility analysis as provided in the Regulatory
Flexibility Act, as amended, is not required.
Paperwork Reduction Act
These regulations impose no reporting or recordkeeping requirements
subject to OMB clearance.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; 96-006,
Supplemental Security Income; 96-020, Special Benefits for Certain
World War II Veterans.)
List of Subjects
20 CFR Part 404
Administrative practice and procedure; Blind; Disability benefits;
Old-Age, Survivors, and Disability Insurance; Reporting and
recordkeeping requirements; Social Security.
20 CFR Part 416
Administrative practice and procedure; Aged; Blind, Disability
benefits; Public assistance programs; Reporting and recordkeeping
requirements; Supplemental Security Income (SSI).
Dated: March 3, 2008.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the preamble, we propose to amend
subpart U of part 404 and subpart F of part 416 of chapter III of title
20 of the Code of Federal Regulations as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950-)
Subpart U--[Amended]
1. The authority citation for subpart U continues to read as
follows:
Authority: Secs. 205 (a), (j), and (k), and 702(a)(5) of the
Social Security Act (42 U.S.C. 405(a), (j), and (k), and 902(a)(5)).
2. Amend Sec. 404.2024 by revising paragraphs (a)(1) and (b) and
by adding new paragraph (c) as follows:
Sec. 404.2024 How do we investigate a representative payee applicant?
* * * * *
(a) * * *
(1) Conduct a face-to-face interview with the payee applicant
unless it is impracticable as explained in paragraph (c) of this
section.
* * * * *
(b) Subsequent face-to-face interviews. After holding a face-to-
face interview with a payee applicant, subsequent face-to-face
interviews are not required if that applicant continues to be qualified
and currently is acting as a payee, unless we determine, within our
discretion, that a new face-to-face interview is necessary. We base
this decision on the payee's past performance and knowledge of and
compliance with our reporting requirements.
(c) Impracticable. We may consider a face-to-face interview
impracticable if it
[[Page 12925]]
would cause the payee applicant undue hardship. For example, the payee
applicant would have to travel a great distance to the field office. In
this situation, we may conduct the investigation to determine the payee
applicant's suitability to serve as a representative payee without a
face-to-face interview.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart F--[Amended]
1. The authority citation for subpart F continues to read as
follows:
Authority: Secs. 702(a)(5), 1631(a)(2) and (d)(1) of the Social
Security Act (42 U.S.C. 902(a)(5) and 1383(a)(2) and (d)(1)).
2. Amend Sec. 416.624 by revising paragraphs (a)(1) and (b) and by
adding new paragraph (c) as follows:
Sec. 416.624 How do we investigate a representative payee applicant?
* * * * *
(a) * * *
(1) Conduct a face-to-face interview with the payee applicant
unless it is impracticable as explained in paragraph (c) of this
section.
* * * * *
(b) Subsequent face-to-face interviews. After holding a face-to-
face interview with a payee applicant, subsequent face-to-face
interviews are not required if that applicant continues to be qualified
and currently is acting as a payee, unless we determine, within our
discretion, that a new face-to-face interview is necessary. We base
this decision on the payee's past performance and knowledge of and
compliance with our reporting requirements.
(c) Impracticable. We may consider a face-to-face interview
impracticable if it would cause the payee applicant undue hardship. For
example, the payee applicant would have to travel a great distance to
the field office. In this situation, we may conduct the investigation
to determine the payee applicant's suitability to serve as a
representative payee without a face-to-face interview.
[FR Doc. E8-4781 Filed 3-10-08; 8:45 am]
BILLING CODE 4191-02-P