Effective Date: January 11, 2006
(71 F.R. 1810)
SOCIAL SECURITY ADMINISTRATION
NOTICE OF SYSTEM OF RECORDS REQUIRED BY THE PRIVACY ACT OF 1974
SYSTEM NUMBER: 60-0044
System name:
National
Disability Determination Services (NDDS) File, Social Security Administration,
Office of Disability Determinations.
Security classification:
None.
System Location:
Each State
Disability Determination Services (DDS) office and the Federal Disability
Determination Service (FDDS) (contact the system manager at the address below
or access http://www.socialsecurity.gov/foia/bluebook/app_b.htm for the name and
address of each State DDS and the FDDS).
Categories of individuals covered
by the system:
Claimants for
Social Security Disability Insurance (DI) and Black Lung (BL) benefits, and
Supplemental Security Income (SSI) payments alleging a disability for which the
DDS processes claims.
Categories of records in the
system:
Name and Social
Security number (SSN) of wage earner, claimant's name and address, date of
birth, diagnosis, beginning and ending dates of disability, basis for
determination, work history information, educational level, reexamination date
(if applicable), date of application, names and titles of persons making or
reviewing the determination and certain administrative data. Also included
could be data relative to the location of the file and the status of the claim,
copies of medical reports, and data relating to the evaluation and measurement
of the effectiveness of claims policies.
Authority for maintenance of the
system:
5
U.S.C. 301, 30 U.S.C. 923(b), and sections 221 and 1633 of the Social Security
Act (42 U.S.C. 421 and 1383b).
Purpose(s):
The records are
used primarily for processing Social Security Title II disability (DI), Title
XVI SSI disability, and BL claims, for detection and correction of deficiencies
and problems involved in this processing, and for case control purposes.
Routine uses of records maintained
in the system, including categories of users and the purposes of such uses:
Disclosure may be for routine uses as
indicated below:
1. To State vocational rehabilitation
agencies or the appropriate State agency (or agencies providing services to
disabled children) for the consideration of rehabilitation services per
sections 222 and 1615 of the Social Security Act.
2. To State audit agencies utilizing this
information for verifying proper expenditure of Federal funds by the State in
support of the DDS.
3. To the Department of Veterans Affairs
(DVA) for information requested for purposes of determining eligibility for or
amount of veterans benefits, or verifying other
information with respect thereto in accordance with 38 U.S.C. 5106.
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 a party named in an order, process,
or interrogatory, in accordance with section 459 of the Social Security Act if
a designee of the Agency is served with any such order, process, or
interrogatory with respect to an individual's child support or alimony payment
obligations.
6. 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 the 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 paper form, on magnetic tape or disc packs. The method of storage
may vary from State to State and within the FDDS.
Retrievability:
The records are
filed by a combination of name and SSN depending on the DDS's preference.
Safeguards:
Automated
records are maintained in accordance with the Systems Security Handbook. The
records are accessible only to DDS personnel and subject to the restrictions on
disclosures under 5 U.S.C. 552(b)(6), 21 U.S.C. 1175,
and 42 U.S.C. 1306. Access http://www.socialsecurity.gov/foia/bluebook/app_g.htm for additional
information relating to SSA data security measures.
Retention and disposal:
May vary from
State to State and within the FDDS according to the preference, but generally
each office destroys its files over a period varying from 6 months to 36 months
unless held in an inactive storage under security measures for a longer period.
System manager(s) and address(es):
Social Security Administration
Associate
Commissioner
Office of Disability Determinations
Notification procedures:
An individual
can determine if this system contains a record about him/her by providing
his/her name and SSN to the DDS Administrator, Disability Determination
Services, c/o State in which he or she resides and/or information is likely to
be maintained. Contact the system manager at the address below or access http://www.socialsecurity.gov/foia/bluebook/app_b.htm. (Furnishing
the SSN is voluntary, but it will make searching for an individual's record
easier and avoid delay.)
An
individual can determine if this system contains a record about him/her by
writing to the system manager(s) at the above address and providing his/her
name, SSN 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. 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 Social Security
Administration (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 should also reasonably specify
the record contents being sought. 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:
The information
to support factors of entitlement and/or continuing eligibility originates from
claimants or those acting on their behalf, physicians, hospitals, and other
appropriate sources. Also, information is received from control data that
monitors the location and status of the claim.
Systems exempted from certain
provisions of the Privacy Act:
None.