Requests For Waiver of Overpayments, Social Security Administration, Office of the General Counsel

Social Security Administration

Notice of System of Records

Required by the Privacy Act of 1974

System number:  60-0271

System name:  Requests For Waiver of Overpayments, Social Security Administration, Office of the General Counsel.

System classification None

System location: Social Security Administration, Office of the General Counsel, Room 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235.

Categories of individuals covered by the system: Individuals who are current or former employees of SSA who file administrative requests and appeals with SSA for waiver of their salary and travel reimbursement overpayments.

Categories of records in the system: These records contain information pertaining to the subject matter of the requests and appeals.  Such records would include the initial request or appeals, administrative personnel records, investigative materials, and recommendations regarding the request.

Authority for maintenance of the system: The authority for maintaining this system are the various statutes, and regulations (e.g.,  5 U.S.C. et seq., 5 U.S.C. § 5584).

Purpose(s): To record administrative decisions and to make employee payment adjustments in accord with the decisions.

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: 

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

2.  To the Office of the President for the purpose of responding to an individual pursuant to an inquiry from that individual or from a third party on his/her behalf.

3.  To a Federal, State, or local agency for law enforcement purposes concerning a violation of law pertaining to the records in this system.

4.  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.

5.   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.

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

Storage:  Records are maintained in paper form (e.g., file folders) and stored in file cabinets.  Some records may be maintained on Agency computers.

Retrievability: These records are retrievable by the name of the overpaid individual.    

Safeguards: Office buildings in which these records are maintained  are locked after the close of the business day.  These records are only accessible by General Counsel staff and other Agency employees for the processing of the overpayment. 

Retention and disposal: These records are maintained for a period of two years.  The Office of the General Counsel reserves the right to retain for an indefinite period certain records that, in the judgment of that office, are of precedential value.  Records are then disposed of in accordance with the Federal Records Act and applicable retention schedules.

System manager(s) and address: Social Security Administration, Office of the General Counsel,  Room 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235.

Notification procedure: An individual can determine if this system contains a record about him by writing to the system manager at the above address.  The request should contain his or her full name and address.  

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 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 records, specify the information they are contesting and state the correction 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 for this system is obtained through a number of sources including personnel and program offices and component agencies, and officers of other Federal agencies and the individuals involved. 

Systems exempted from certain provisions of the Privacy Act: None.