Last Update: 4/12/05 (Transmittal I-1-49)
The FOIA requires us to disclose information in any agency record upon request from the public, unless one of several exemptions applies. It differs from the Privacy Act which pertains only to agency records about individuals which are maintained in a “system of records” (See 20 CFR § 401.25). Requests to access records in a Privacy Act system of records are also FOIA requests, except from requesters noted in 3. below; however, follow the instructions in section I-1-4-3 Privacy Act unless the request will not be granted.
As defined by the regulation, a “record” means any handwritten, typed, or printed document, and documentary material in other forms.
The “public” does not include Federal agencies, courts, or the Congress, but does include State agencies, individuals, corporations, partnerships, foreign, state, or local governments, and most other entities.
FOIA requests can be made for any reason. The identity of the requester and his or her purpose for making the request have no bearing on the merits of the request. We must disclose the information requested unless one of the exemptions applies. When an exemption does apply, we may then consider whether disclosure will suit the purpose behind the FOIA, i.e., to keep citizens informed about what their government is doing.
Requests need not be received in writing and need not cite the FOIA to be handled under the FOIA regulations. When an oral request for information under the FOIA is received, the receiving office should prepare a “Memorandum for the File” to document the request. However, if the office receiving the request cannot comply with it, ask the requester to put the request in writing. See 20 CFR § 402.195.
We are required to provide only one copy of the requested material. Further, we only furnish copies of records we have in our possession or control. We are not required to create new records, or to organize or reorganize our files in order to accommodate a request.
An OHA field office should maintain and must allow inspection of the following materials:
Compilation of the Social Security Laws
Title 5, United States Code
Availability of Information and Records to the Public (20 CFR Part 402)
Social Security Administration regulations under the retirement, survivors, disability, supplemental security income programs, and Part B of title IV (Black Lung Benefits); i.e., title 20, Code of Federal Regulations Parts 401, 404, 410, 416, and 422
Medicare program regulations issued by the Centers for Medicare and Medicaid Services, 42 CFR Parts 400-498
Social Security Rulings
Social Security Acquiescence Rulings
Social Security Handbook
HALLEX
Under the FOIA, SSA may charge a fee for search, review and duplication efforts expended to provide material in response to an FOIA request, as discussed in 20 CFR §§ 402.155 through 402.185.
Only the SSA Freedom of Information Officer has the authority to determine whether to disclose records under the FOIA other than the publications listed above. When a OHA field office receives an FOIA request for documents or records other than these publications, the receiving office must acknowledge the request in writing and promptly forward the request, together with copies of the requested material, to:
Freedom of Information OfficerIf the requested material is partly or wholly unavailable, note this on the memorandum to the Freedom of Information Officer. The forwarding office should also include a record of the search time which was required to respond to the request and the grade(s) of the employee(s) who performed the search.
If it appears that the fee for search and copying will exceed the amount the requester is willing to pay, contact the FOIA officer before proceeding to gather the requested documents.
NOTE:
Process requests for claim files by the claimant or authorized representative in accordance with the instructions in I-1-4-3.
The FOIA/PA Staff, in the Office of Policy, Planning and Evaluation (OPPE) handles all requests for records under the FOIA which are received by OHA headquarters components.
The receiving component must acknowledge any such request in writing and promptly forward the request by route slip to the FOIA/PA Staff in OPPE, along with a copy of the requested material. If the requested material is partly or wholly unavailable, note this on the forwarding route slip.
If it appears that the fee for search and copying will exceed the amount the requester is willing to pay, contact the OPPE FOIA/PA Staff or the FOIA officer before proceeding to gather the requested documents.
Include a record of the search time which was required to respond to the request and the grade(s) of the employee(s) who performed the search.
When the FOIA/PA Staff does not have the jurisdiction to make the decision on disclosure, they will forward the request along with a copy of the requested information to the Freedom of Information Officer in Baltimore for a decision on disclosure.