Effective Date: January 11, 2006
(71 F.R. 1830)
SOCIAL SECURITY ADMINISTRATION NOTICE OF SYSTEM OF RECORDS REQUIRED BY
THE PRIVACY ACT OF 1974
SYSTEM NUMBER: 60-0103
System name:
Supplemental
Security Income Record and Special Veterans Benefits, Social Security
Administration, Office of Systems, Office of Disability and Supplemental
Security Income Systems (ODSSIS).
Security classification:
None.
System Location:
Social Security Administration
Office
of Telecommunications and Systems Operations
Records also may be located in the Social
Security Administration (SSA) regional offices (contact the system manager at
the address below or access http://www.socialsecurity.gov/foia/bluebook/app_c.htm for address
information) and field offices (individuals should consult their local
telephone directories for address information).
Categories of individuals covered by the system:
This file
contains a record for each individual who has applied for Supplemental Security
Income (SSI) payments, including individuals who have requested an advance
payment; SSI recipients who have been overpaid; and ineligible persons
associated with an SSI recipient. This file also covers those individuals who
have applied for and who are entitled to the Special Veterans Benefits (SVB)
under Title VIII of the Social Security Act. (This file does not cover
applicants who do not have a Social Security number (SSN).)
Categories of in the system:
This file
contains data regarding SSI eligibility; citizenship; residence; Medicaid
eligibility; eligibility for other benefits; alcoholism or drug addiction data,
if applicable (disclosure of this information may be restricted by 21 U.S.C.
1175 and 42 U.S.C. 290dd-3
and ee-3);
income data; resources; payment amounts, including the date and amount of
advance payments; overpayment amounts, including identifying characteristics of
each overpayment (e.g., name, SSN, address of the individual(s) involved,
recovery efforts made and the date of each action and planned future actions);
and date and amount of advance payments; living arrangements; case folder
location data; appellate decisions, if applicable; SSN used to identify a
particular individual, if applicable; information about representative payees,
if applicable; and a history of changes to any of the persons who have applied
for SSI payments. For eligible individuals, the file contains basic identifying
information such as the applicant's name, Social Security number (SSN), and
date of birth (DOB), income and resources (if any) and, in conversion cases,
the State welfare number.
This file also contains information about
applicants for SVB. The information maintained in this system of records is
collected from the applicants for Title VIII SVB, and other systems of records
maintained by SSA. The information maintained includes a data element
indicating this is a Title VIII SVB claim. It will also include: identifying
information such as the applicant's name, SSN and DOB; telephone number (if
any); foreign and domestic addresses; the applicant's sex; income data, payment
amounts (including overpayment amounts); and other information provided by the applicant
relative to his or her entitlement for SVB.
If the beneficiary has a representative
payee, this system of records includes data about the representative payee such
as the payee's SSN; employer identification number, if applicable; and mailing
address.
Authority for maintenance of the system:
Sections 1602,
1611, 1612, 1613, 1614, 1615, 1616, 1631, 1633, 1634 of Title XVI and Title
VIII of the Social Security Act (42 U.S.C. 1382, 1382a, 1382b, 1382c, 1382d,
1382e, 1383, 1383b, 1383c.
Purpose(s):
SSI records
begin in Social Security field offices where an individual or couple files an
application for SSI payments. SVB records begin in Social Security field
offices and the Veterans Affairs Regional Office where an individual files an application
for SVB payments. The SSI and SVB applications contain data which may be used
to prove the identity of the applicant, to determine his/her eligibility for
SSI or SVB payments and, in cases where eligibility is determined, to compute
the amount of the payment. Information from the
application, in addition to
data used internally to control and process SSI and SVB cases, is used to
create the Supplemental Security Income Record (SSR). The SSR also is used as a
means of providing a historical record of all activity on a particular individual's
or couple's record. In addition,
statistical data are derived from the SSR for actuarial and management
information purposes.
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 ``returns 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 the Department of the Treasury to
prepare SSI, Energy Assistance, and SVB checks to be sent to claimants or
beneficiaries.
2. To the States to establish the minimum
income level for computation of State supplements.
3. To the
following Federal and State agencies to prepare information for verification of
benefit eligibility under section 1631(e) of the Social Security Act: Bureau of
Indian Affairs;
Office of
Personnel Management; Department of Agriculture; Department of Labor; U.S.
Citizenship and Immigration Services; Internal Revenue Service; Railroad
Retirement Board; State Pension Funds; State Welfare Offices; State Worker's
Compensation; Department of Defense; United States Coast Guard; and Department
of Veterans Affairs.
4. To a congressional office in response to
an inquiry from that office made at the request of the subject of a record.
5. To the appropriate State agencies (or
other agencies providing services to disabled children) to identify Title XVI eligibles under the age of 16 for the consideration of
rehabilitation services in accordance with section 1615 of the Act, 42 U.S.C.
1382d.
6. To contractors under contract to the Social
Security Administration (SSA), or under contract to another agency with funds
provided by SSA, for the performance of research and statistical activities
directly relating to this system of records.
7. To State audit agencies for auditing
State supplementation payments and Medicaid eligibility consideration.
8. To State agencies to effect and report
the fact of Medicaid eligibility of Title XVI recipients in the jurisdiction of
those States which have elected Federal determinations of Medicaid eligibility
of Title XVI eligibles and to assist the States in
administering the
Medicaid
program.
9. To State agencies to identify Title XVI eligibles in the jurisdiction of those States which have
not elected Federal determinations of Medicaid eligibility in order to assist
those States in establishing and maintaining Medicaid rolls and in
administering the
Medicaid
program.
10. To State agencies to enable those
agencies which have elected Federal administration of their supplementation programs
to monitor changes in applicant/recipient income, special needs, and
circumstances.
11. To State agencies to enable those
agencies which have elected to administer their own supplementation programs to
identify SSI eligibles in order to determine the
amount of their monthly supplementary payments.
12. To State agencies to enable them to
assist in the effective and efficient administration of the Supplemental
Security Income program.
13. To State agencies to enable those which
have an agreement with the Social Security Administration to carry out their
functions with respect to Interim Assistance Reimbursement pursuant to section
1631(g) of the Social Security Act.
14. To State agencies to enable them to
locate potentially eligible individuals and to make eligibility determinations
for extensions of social services under the provisions of Title XX of the
Social Security Act.
15. To State agencies to assist them in
determining initial and continuing eligibility in their income maintenance
programs and for investigation and prosecution of conduct subject to criminal
sanctions under these programs.
16. To the United States Postal Service for
investigating the alleged theft, forgery or unlawful negotiation of
Supplemental Security Income and Special Veterans Benefit checks.
17. To the Department of the Treasury for
investigating the alleged theft, forgery or unlawful negotiation of
Supplemental Security Income and Special Veterans Benefit checks.
18. To the Department of Education for
determining the eligibility of applicants for Basic Educational Opportunity
Grants.
19. To Federal, State or local agencies (or
agents on their behalf) for administering cash or non-cash income maintenance
or health maintenance programs (including programs under the Social Security
Act). Such disclosures include, but are not limited to, release of
information to:
(a) The Department of Veterans Affairs
(DVA) upon request for determining eligibility for, or amount of, DVA benefits
or verifying other information with respect thereto in accordance with 38
U.S.C. 5106;
(b) The Railroad Retirement Board for
administering the Railroad Unemployment Insurance Act;
(c) State agencies to determine eligibility
for Medicaid;
(d) State agencies to locate potentially
eligible individuals and to make determinations of eligibility for the food
stamp program;
(e) State agencies to administer energy
assistance to low income groups under programs for which the States are
responsible; and
(f) Department of State (DOS) and its
agents to assist SSA in administering the Social Security Act in foreign
countries; the American Institute on Taiwan, a private corporation under
contract to DOS, to assist in administering the Social Security Act in Taiwan;
and
the DVA,
Regional Office, Manila, Philippines, and its agents, to assist in
administering the Social Security Act in the Philippine and other parts of the
Asia-Pacific region.
20. 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.
21. To the Office of the President for the
purpose of responding to an individual pursuant to an inquiry received from
that individual or a third party on his/her behalf.
22. To the Department of Justice, Criminal
Division, Office of Special Investigations, upon receipt of a request for
information pertaining to the identity and location of aliens for the purpose
of detecting, investigating and, where necessary, taking legal action against
suspected Nazi war criminals in the United States.
23. To third party contacts such as private
collection agencies and credit reporting agencies under contract with the
Social Security Administration (SSA) and State motor vehicle agencies for the
purpose of their assisting SSA in recovering overpayments.
24. 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 a contractual or similar agreement with a third party to assist in
accomplishing an Agency function relating to this system of records.
25. 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.
26. To the Department of Justice (DOJ), a
court or other tribunal, or another party before such tribunal when:
(a)
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.
27. To representative payees, when the
information pertains to individuals for whom they serve as representative
payees, for the purpose of assisting the Social Security Administration in
administering its representative payment responsibilities under the Act
and assisting the
representative payees in performing their duties as payees, including receiving
and accounting for benefits for individuals for whom they serve as payees.
28. To third party contacts (e.g.,
employers and private pension plans) in situations where the party to be
contacted has, or is expected to have, information relating to the individual's
capability to manage his/her affairs or his/her eligibility for, or entitlement
to, benefits under
the Social Security program when:
(a) The individual is unable to provide
information being sought. An individual is considered to be unable to provide
certain types of information when:
(i) He/she is
incapable or of questionable mental capability;
(ii) He/she cannot read or write;
(iii) He/she cannot afford the cost of
obtaining the information;
(iv) He/she has a
hearing impairment, and is contacting SSA by telephone through a
telecommunications relay system operator;
(v) A language barrier exists; or
(vi) The custodian
of the information will not, as a matter of policy, provide it to the
individual; or
(b) The data are needed to establish the
validity of evidence or to verify the accuracy of information presented by the
individual, and it concerns one or more of the following:
(i)
His/her eligibility for benefits under the Social Security program;
(ii) The amount of his/her benefit payment;
or
(iii) Any case in which the evidence is
being reviewed as a result of suspected fraud, concern for program integrity,
quality appraisal, or evaluation and measurement activities.
29. To the Rehabilitation Services
Administration (RSA) for use in its program studies of, and development of
enhancements for, State vocational rehabilitation programs. These are programs
to which applicants or beneficiaries under Titles II and or XVI of the Social
Security Act may
be referred. Data released to RSA will not include any personally identifying
information (such as names or Social Security numbers).
30. To the Department of Education,
addresses of beneficiaries who are obligated on loans held by the Secretary of
Education or a loan made in accordance with 20 U.S.C. 1071, et.
seq. (the Robert T. Stafford Student Loan Program), as authorized by section
489A of the Higher Education Act of 1965.
31. 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.
32. To Federal, State, and local law
enforcement agencies and private security contractors, as appropriate, if
information is necessary:
(a) To enable them to protect the safety of
Social Security Administration (SSA) employees and customers, the security of
the SSA workplace and the operation of SSA facilities; or
(b) To assist investigations or
prosecutions with respect to activities that affect such safety and security or
activities that disrupt the operation of SSA
facilities.
33. To recipient
of erroneous Death Master File (DMF), corrections to information that resulted
in erroneous inclusion of individuals DMF.
34. To entities conducting epidemiological
or similar research projects, upon request, information as to whether an
individual is alive or deceased pursuant to section 1106(d) of the Social
Security Act (42 U.S.C. 1306(d)), provided that:
(a) The Social Security Administration
(SSA) determines, in consultation with the Department of Health and Human
Services, that the research may reasonably be expected to contribute to a
national health interest; and
(b) The requester agrees to reimburse SSA
for the costs of providing the information; and
(c) The requester agrees to comply with any
safeguards and limitations specified by SSA regarding re-release or
re-disclosure of the information.
35. 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;
(iii) 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.
36. 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.
37. 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.
Disclosure to Consumer
Reporting Agencies:
Disclosure pursuant to 5 U.S.C. 552a(b)(12) may be made to consumer reporting agencies as
defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal
Claims Collection Act of 1966 (31 U.S.C. 3701, et seq.), as amended. The
disclosure will be made in accordance with 31 U.S.C. 3711(e) when authorized by
sections 204(f), 808(e) or 1631(b)(4) of the Social Security Act (42 U.S.C.
404(f), 1008(e) or 1383(b)(4)). The purpose of this disclosure is to aid in the
collection of outstanding debts owed the Federal Government, typically, to
provide an incentive for debtors to repay delinquent Federal
Government debts
by making these debts part of their credit records. The information to be
disclosed is limited to the individual's name, address, SSN, and other
information necessary to establish the individual's identity; the amount,
status, and history of the debt and the agency or program under which the debt
arose.
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 tape) and in microform and
microfiche form.
Retrievability:
Records are
indexed and retrieved by SSN.
Safeguards:
Systems security
for automated records has been established in accordance with the Systems
Security Handbook. This includes maintaining all magnetic tapes and magnetic
disks within an enclosure attended by security guards. Anyone entering or
leaving that enclosure must have special badges which are only issued to
authorized personnel. All authorized personnel having access to the magnetic
records are subject to the penalties of the Privacy Act. The microfiche are
stored in locked cabinets, and are accessible to employees only on a
need-to-know basis. All SSR State Data Exchange records are protected in
accordance with agreements between SSA and the respective States regarding
confidentiality, use, and re-disclosure. Access http://www.socialsecurity.gov/foia/bluebook/app_g.htm for additional
information relating to SSA data security measures.
Retention and disposal:
Original input transaction tapes received
which contain initial claims and posteligibility
actions are retained indefinitely although these are processed as received and
incorporated into processing tapes which are updated to the master SSR tape
file on a monthly basis. All magnetic tapes appropriate to SSI information
furnished to specified Federal, State, and local agencies for verification of
eligibility for benefits and under section 1631(e) are retained, in accordance
with the Privacy Act accounting requirements, for at least 5 years or the life
of the record, whichever is longer.
System manager(s) and address(es):
Associate Commissioner
Office of Disability and Supplemental
Security Income Systems
(ODSSIS)
Social Security Administration
Notification procedures:
An individual
can determine if this system contains a record about him/her by writing to or
visiting any Social Security field office (FO) and providing his or her name
and SSN. (FO addresses and telephone numbers can be found in local telephone directories
under Social
Security
Administration, or by accessing http://www.ssa.gov/regions/regional.html.) Applicants for
SVB who reside in the
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)).
Record access procedures:
Same as Notification
procedures. Requesters should also reasonably specify the record
contents being sought. An individual who requests notification of, or access
to, a medical record shall, at the time he or she makes the request, designate
in writing a responsible
representative who will be
willing to review the record and inform the subject individual of its contents at
the representative's discretion. A parent or guardian who requests notification
of, or access to, a minor's medical record shall, at the time he or she makes
the request, designate a physician or other health professional (other than a
family member) who will be willing to review the record and inform the parent
or guardian of its contents at the physician's or health professional's
discretion. These procedures are in accordance with SSA Regulations (20 CFR
401.40(c) and 401.55).
Contesting record procedures:
Same
as Notification procedures. Requesters should also 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:
Data contained
in the SSR are obtained for the most part from the applicant for SSI and SVB
payments and are derived from the Claims Folders System, 60-0089 and the
Modernized Supplemental Security Income Claims System. The States and other
Federal agencies such as the DVA also provide data affecting the SSR.
Systems exempted from certain provisions of the Privacy Act:
None.