Effective Date: January 11, 2006
(71 F.R. 1813)
SOCIAL SECURITY ADMINISTRATION
NOTICE OF SYSTEM OF RECORDS REQUIRED BY THE PRIVACY ACT OF 1974
SYSTEM NUMBER: 60-0050
System name:
Completed
Determination Record--Continuing Disability Determinations, Social Security
Administration, Office of Disability Determinations.
Security classification:
None.
System Location:
Social Security Administration
Office
of Systems
Categories of individuals covered
by the system:
This file
contains a record on allowed disability claimants on which a continuing
disability issue has occurred and a decision of continuance or cessation has
been approved. This file also covers Title II and Title XVI disability
beneficiaries who have been selected to receive a Ticket-to-Work as part of the
Ticket-to-Work and Self-Sufficiency Program.
Categories of records in the
system:
Name and Social
Security number (SSN) of the individual and other data such as date of birth,
district office and State agency code, date disability began, type of claim,
reason for reopening, continuance or cessation code, date of termination (if
applicable), date of completion, etc. In addition, data related to the
Ticket-to-Work program, such as Ticket eligibility, receipt, assignment and
use, alleged and verified earnings and suspension of continuing disability
determinations.
Authority for maintenance of the
system:
Sections
221 and 1148 of the Social Security Act (42 U.S.C. 421 and 1320b-19).
Purpose(s):
This system is
used by the Social Security Administration (SSA) to (1) record the result of
continuing disability investigations, and (2) record information related to the
administration of the Ticket-to-Work and Self-Sufficiency Program.
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 defined as ``return or return
information'' under 26 U.S.C. 6103 of the Internal Revenue Code will not be
disclosed unless authorized by a statute, the Internal Revenue
Service IRS, or IRS regulations.
1. To a congressional office in response to
an inquiry from the office made at the request of the subject of a record.
2. To the Internal Revenue Service,
Department of the Treasury, as necessary, for the purpose of auditing the
Social Security Administration's compliance with the safeguard provisions of
the Internal Revenue Code of 1986, as amended.
3. To contractors and other Federal
agencies, as necessary, for the purpose of assisting the Social Security
Administration (SSA) in the efficient administration of its programs. We will
disclose 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.
4. To the General Services Administration
and the National Archives Records Administration (NARA) under 44 U.S.C. 2904
and 2906, as amended by the NARA Act of 1984, information which is not
restricted from disclosure by Federal law for the use of those agencies in
conducting records management studies.
5. To the Department of Justice (DOJ), a
court or other tribunal, or another party before such tribunal when:
(a) The Social Security Administration
(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, a
court or other tribunal, or another party before such 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.
6. To student volunteers, individuals
working under a personal services contract, and other workers who technically
do not have the status of Federal employees, when they are performing work for
the Social Security Administration (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. To the Secretary of Health and Human
Services or to any State, the Commissioner shall disclose any record or
information requested in writing by the Secretary for the purpose of
administering any program administered by the Secretary, if records or
information of such type were so disclosed under applicable rules, regulations
and procedures in effect before the date of enactment of the Social Security
Independence and Program Improvements Act of 1994.
8. To contractors
for the purpose of assisting SSA in the efficient administration of the
Ticket-to-Work and Self-Sufficiency Program. (These contractors would be
limited to the Program Manager, which is directly assisting the Social Security
Administration (SSA) in
administering the Ticket
program, and to Employment Networks, which are providing services to SSA
beneficiaries under the Ticket program.)
9. To a Federal, State, or congressional
support agency (e.g., Congressional Budget Office and the Congressional
Research Staff in the Library of Congress) for research, evaluation, or
statistical studies. Such disclosures include, but are not limited to, release
of information in assessing the extent to which one can predict eligibility for
Supplemental Security Income (SSI) payments or Social Security disability
insurance benefits; examining the distribution of Social Security benefits by
economic and demographic groups and how
these
differences might be affected by possible changes in policy; analyzing the
interaction of economic and non-economic variables affecting entry and exit
events and duration in the Title II Old Age, Survivors, and Disability
Insurance and the Title XVI SSI disability
programs; and,
analyzing retirement decisions focusing on the role of Social Security benefit
amounts, automatic benefit recomputation, the delayed
retirement credit, and the retirement test, if the Social Security
Administration (SSA):
(a) Determines that the routine use does
not violate legal limitations under which the record was provided, collected,
or obtained;
(b) Determines that the purpose for which
the proposed use is to be made:
(i) Cannot
reasonably be accomplished unless the record is provided in a form that
identifies individuals;
(ii)
Is of sufficient importance to warrant the effect on, or risk to, the privacy
of the individual which such limited additional exposure of the record might
bring;
(ii) Has
reasonable probability that the objective of the use would be accomplished;
(iv) Is of
importance to the Social Security program or the Social Security beneficiaries
or is for an epidemiological research project that relates to the Social
Security program or beneficiaries;
(c) Requires the recipient of information
to:
(i) Establish appropriate administrative, technical, and
physical safeguards to prevent unauthorized use or disclosure of the record and
agree to on-site inspection by SSA's personnel, its
agents, or by independent agents of the recipient agency of those safeguards;
(ii) Remove or destroy the information that
enables the individual to be identified at the earliest time at which removal
or destruction can be accomplished consistent with the purpose of the project,
unless the recipient receives written authorization from SSA that it is
justified, based on research objectives, for retaining such information;
(iii)
Make no further use of the records except:
(1)
Under emergency circumstances affecting the health and safety of any
individual, following written authorization from SSA;
(2)
For disclosure to an identified person, approved by SSA, for the purpose of
auditing the research project;
(iv) Keep the data as a system of statistical records. A
statistical record is one which is maintained only for statistical and research
purposes and which is not used to make any determination about an individual;
(d) Secures a written statement by the
recipient of the information attesting to the recipient's understanding of, and
willingness to abide by, these provisions.
10. 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 magnetic media (e.g., magnetic tapes).
Retrievability:
The records are
retrieved by the SSN.
Safeguards:
Only authorized
personnel having a need for this information in the performance of their
official duties have access to this data under stringent security measures
involving guards, building passes and photographs, etc. Access http://www.socialsecurity.gov/foia/bluebook/app_g.htm for additional
information relating to SSA data security measures.
Retention and disposal:
The records are
maintained indefinitely.
System manager(s) and address(es):
Social Security Administration
Office of Disability Determinations
Notification procedures:
An individual
can determine if this system contains a record about him/her by contacting the
system manager at the address shown above and furnishing his or her name, SSN,
approximate date and place claim was filed, type of claim (DI, BL, or SSI), and
return address. (Furnishing the SSN is voluntary, but it will make searching for
an individual's record easier and avoid delay.)
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. 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 information in 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(c)).
An individual who requests access to his or
her medical record must also name a representative in writing. The
representative may be a physician, other health professional, or other
responsible individual who would be willing to explain the contents of the
medical record(s) before giving the entire medical record(s) to the individual.
These procedures are in accordance with SSA Regulations (20 CFR 401.40(c) and
401.55).
A parent or guardian who requests
notification of, or access to, a minor's medical record shall, at the time
he/she makes the request, designate a physician or other health professional
(other than a family member) who will be willing to explain the contents of the
medical record(s) before giving the entire medical record(s) to the parent or
guardian. These procedures are in accordance with SSA Regulations (20 CFR
401.40(c) and 401.55).
Record access procedures:
Same
as Notification procedures. Requesters also should reasonably specify
the record contents being sought. These access procedures are in accordance
with SSA Regulations (20 CFR 401.40(c) and 401.55).
Contesting record procedures:
Same
as Notification procedures. Also, requesters should reasonably
identify the record, specify the information they are contesting and 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:
These records
summarize information contained in the claims folder which was obtained from
the individual or someone acting on the individual's behalf and from this
individual's physician or a physician performing a consultative examination or
from hospitals and other treatment sources.
Systems exempted from certain
provisions of the Privacy Act:
None.