SOCIAL SECURITY ADMINISTRATION NOTICE OF SYSTEM OF RECORDS REQUIRED BY THE PRIVACY ACT OF 1974

System number: 60-0014

System name: 

        Curriculum Vitae and Professional Qualifications of Medical and Vocational Experts (Resumes), Social Security Administration, Office of Hearings and Appeals.

Security classification: 

        None.

System location: 

          Curriculum Vitae and Professional Qualifications are procured and maintained by the appropriate OHA regional office (see Appendix F for address information).

        Social Security Administration 

          Office of Hearings and Appeals 

          Medical and Vocational Expert Services Staff          

          5107 Leesburg Pike 

          Falls Church, VA 22041

        The records are maintained and used by each hearing office when expert testimony is needed (see Appendix F for address information).

Categories of individuals covered by the system: 

        Medical and vocational experts employed under the Blanket Purchase Agreement (BPA) with OHA to provide expert witness services to OHA.

Categories of records in the system: 

          Curriculum vitae and professional qualifications (Resumes).

Authority for maintenance of the system: 

          Sections 205, 1631(d)(1), and Titles XV and XVIII of the Social Security Act (the Act), as amended, and section 413(b) of the Federal Coal Mine Health and Safety Act, as amended. 

Purpose(s): 

          The records in this system are maintained electronically and/or in paper format and are reproduced as appropriate for use as an exhibit in individual cases.  The Administrative Law Judge (ALJ) or Appeal Council (AC) member uses the information to demonstrate the medical or vocational expert’s professional background and expertise.

Routine uses of records maintained in the system, including categories of users and the purposes of such uses: 

          Disclosure may be made for routine uses as indicated below.  However, disclosure of any information constituting “returns or return information” within the scope of the Internal Revenue Code will not be disclosed unless disclosure is authorized by that statute.

     1. To a congressional office in response to an inquiry from that office made at the request of the subject of a record.

     2. To the Department of Justice (DOJ), a court or other tribunal, or another party before such tribunal when:

                a) SSA, or any component thereof; or

                b) any SSA employee in his/her official capacity; or

         c) any SSA employee in his/her individual capacity where DOJ (or SSA where it is authorized to do so) has agreed to represent the employee; or

                d) the United States or any agency thereof where SSA determines that the litigation is likely to affect the operations of SSA or any of its components, is a party to litigation or has an interest in such litigation, and SSA determines that the use of such records by DOJ, the court or other tribunal is relevant and necessary to the litigation, provided, however, that in each case, SSA determines that such disclosure is compatible with the purpose for which the records were collected. Wage and other information which are subject to the disclosure provisions of the Internal Revenue Code (IRC) (26 U.S.C. § 6103) will not be disclosed under this routine use unless disclosure is expressly permitted by the IRC.

     3. To parties to a hearing, as a matter of due process.

     4. To the claimant (who would be a third party in this instance), as a matter of due process.

     5. Information may be disclosed to contractors and other Federal agencies, as necessary, for the purpose of assisting SSA in the efficient administration of its programs.  We contemplate disclosing information under this routine use only in situations in which SSA may enter into a contractual or similar agreement with a third party to assist in accomplishing an agency function relating to this system of records.

     6. To student volunteers and other workers, who technically do not have the status of Federal employees, when they are performing work for SSA as authorized by law, and they need access to personally identifiable information in SSA records in order to perform their assigned Agency functions.

     7. Non-tax return information which is not restricted from disclosure by Federal law may be disclosed to the General Services Administration (GSA) and the National Archives and Records Administration (NARA) for the purpose of conducting records management studies with respect to their duties and responsibilities under 44 U.S.C. § 2904 and § 2906, as amended by NARA Act of 1984.

     8.  We may disclose information to appropriate Federal, State, and local agencies, entities, and persons when (1) we suspect or confirm that the security or confidentiality of information in this system of records has been compromised; (2) we determine that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs of SSA that rely upon the compromised information; and (3) we determine that disclosing the information to such agencies, entities, and persons is necessary to assist in our efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. SSA will use this routine use to respond only to those incidents involving an unintentional release of its records.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

Storage: 

          Records are maintained in electronic and/or in paper format (e.g., folders in filing cabinets).

Retrievability: 

          Records are retrieved by the name of the individual.

Safeguards: 

          System security is maintained in accordance with the Systems Security Handbook.  Access to and use of both the paper and electronic records are limited to those persons whose official duties require such access.  All employees are instructed in SSA confidentiality rules as part of their initial orientation training.  (See Appendix G for additional information relating to safeguards SSA employs to protect personal information.)

Retention and disposal: 

          Paper records are maintained as long as the medical or vocational expert is under a BPA after which the paper records are disposed of by shredding.  Electronic records are erased when no longer needed.

 System Manager(s) and address: 

        Associate Commissioner 

          Office of Hearings and Appeal 

          Social Security Administration

          5107 Leesburg Pike 

          Falls Church, VA 22041

Notification procedure: 

          An individual can determine if this system contains a record pertaining to him/her by writing to the appropriate hearing office (see Appendix F for address information) or to the address below:

        Social Security Administration 

          Office of Hearings and Appeals 

          Vocational, Medical and Medicare Expert Staff 

          5107 Leesburg Pike 

          Falls Church, VA 22041

        An individual can determine if this system contains a record about him/her by writing to the systems manager(s) at the above address and providing his/her name, SSN, and indicate whether he or she is a medical or vocational expert (Furnishing the SSN is voluntary, but it will make searching for an individual’s record easier and avoid delay), or other information that may be in the system of records that will identify him/her.  An individual requesting notification of records in person should provide the same information, as well as provide an identity document, preferably with a photograph, such as a driver’s license or some other means of identification, such as a voter registration card, credit card, etc.  If an individual does not have any identification documents sufficient to establish his/her identity, the individual must certify in writing that he/she is the person claimed to be and that he/she understands that the knowing and willful request for, or acquisition of, a record pertaining to another individual under false pretenses is a criminal offense.

        If notification is requested by telephone, an individual must verify his/her identity by providing identifying information that parallels the record to which notification is being requested.  If it is determined that the identifying information provided by telephone is insufficient, the individual will be required to submit a request in writing or in person.  If an individual is requesting information by telephone on behalf of another individual, the subject individual must be connected with SSA and the requesting individual in the same phone call.  SSA will establish the subject individual’s identity (his/her name, SSN, address, date of birth and place of birth along with one other piece of information such as mother’s maiden name) and ask for his/her consent in providing information to the requesting individual.

        If a request for notification is submitted by mail, an individual must include a notarized statement to SSA to verify his/her identity or must certify in the request that he/she is the person claimed to be and that he/she understands that the knowing and willful request for, or acquisition of, a record pertaining to another individual under false pretenses is a criminal offense. These procedures are in accordance with SSA Regulations (20 CFR § 401.40).

Record access procedures: 

          Same as notification procedures. Requesters should also reasonably specify the record contents being sought.  These procedures are in accordance with SSA Regulations (20 CFR 401.40(c)).

Contesting record procedures: 

          Same as notification procedures.  Requesters should also reasonably identify the record, specify the information they are contesting and state the corrective action sought and the reasons for the correction with supporting justification showing how the record is incomplete, untimely, inaccurate or irrelevant. These procedures are in accordance with SSA Regulations (20 CFR 401.65(a)).

Record source categories: 

          Information comes from the individual, from information supplied by the individual or from medical directories.

Systems exempted from certain provisions of the Privacy Act: