Guide to FOIA Requests

The Freedom of Information Act allows members of the public to request records from various Federal government agencies.  This guide explains how to request information and records from the Social Security Administration (SSA).

Public Information

SSA prepares many documents for public distribution – such as leaflets about our benefits programs, press releases and reports.  Many of these documents are available on SSA’s Internet site at www.socialsecurity.gov.  We encourage you to browse the site for documents that interest you.  We do not process requests for public information materials as Freedom of Information Act requests.

Freedom Of Information Act Requests

Members of the public can get documents from Federal agencies based on the Freedom of Information Act (FOIA). The FOIA was established to make the Federal government accountable to the public for its actions and prevents agencies from having secret policies.

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Records We Make Available

Administrative staff manuals of the Social Security Administration and instructions to staff personnel that contain policies, procedures, or interpretations that affect the public are available for inspection and copying. 

You can inspect and copy the following SSA records in our field offices or headquarters in Baltimore:

Program Operations Manual System (POMS)

The Program Operations Manual System (POMS) is a unified automated system for issuing program instructions to SSA operating personnel. POMS is divided into 12 major parts. Each part contains information about a specific subject area related either to an SSA program, systems or operations. Some of the information in a part may relate to two or more subject areas.  POMS is now available online at:
http://policy.ssa.gov/poms.nsf/aboutpoms 

State and Local Coverage Handbook for the Social Security Administration and State Social Security Administrators

Reference source for individuals responsible for administering the provisions of State Social Security coverage agreements under Section 218 of the Social Security Act. Replaced the Handbook for State Social Security Administrators.  Available for inspection in SSA Regional Offices and local SSA offices in State capitols. 

The Handbook is also available online at: http://www.socialsecurity.gov/slge/slch.htm

SSA Organization Manual  - http://www.socialsecurity.gov/org/

• Compilation of the Social Security Law  -  http://www.socialsecurity.gov/OP_Home/ssact/comp-ssa.htm
• Social Security Administration Regulations  -  http://www.socialsecurity.gov/OP_Home/cfr20/cfrdoc.htm
• Social Security Rulings and 
  Acquiescence Rulings  -  http://www.socialsecurity.gov/OP_Home/rulings/rulings.html
• Social Security Handbook  -  http://www.socialsecurity.gov/OP_Home/handbook/ssa-hbk.htm
• Understanding SSI - http://www.socialsecurity.gov/notices/supplemental-security-income/text-understanding-ssi.htm 
• Red Book on Employment Support - http://www.socialsecurity.gov/work/ResourcesToolkit/redbook.html 

 Some are available at field offices of the Office of Hearings and Appeals:

Hearings, Appeals and Litigation Law Manual (HALLEX)

HALLEX -- conveys guiding principles, procedural guidance, and information to OHA staff.  HALLEX includes policy statements resulting from an Appeals Council en banc meeting under the authority of the Appeals Council Chair.  HALLEX also defines procedures for carrying out policy and provides guidance for processing and adjudicating claims at the Hearing, Appeals Council and Civil Action levels.

Available for inspection in SSA hearing offices.

HALLEX is also available online at: http://www.socialsecurity.gov/OP_Home/hallex/hallex.html

You can also find information about SSA records under the Government Printing Office's (GPO) Government Information Locator System (GILS).  GILS contains information on government records kept by Federal agencies, and is available electronically on the Internet at:
http://www.access.gpo.gov/su_docs/gils/index.html

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Making A FOIA Request

If you want to request a record which we don't publish or which we don't make available in one of our offices, give us a detailed description of the record(s) you want. You should give us as many details, such as names, dates, subject matter and location, if you know them. If you don’t give us a good description, we may not be able to find the records you want, or it may take us longer. We will ask you to revise your request if we need more information to find the record(s). 

It is easy to make a written FOIA request by mail. No form is needed. We process FOIA requests in two locations, depending on the type of request. Mark both the envelope and its contents: "FREEDOM OF INFORMATION REQUEST " or "INFORMATION REQUEST."  Be sure to include your name and address on your request. It is a good idea to include a daytime phone number or e-mail address in case we need to contact you about your request. Do not include a return envelope. 

If you are requesting copies of applications for a Social Security Number (Form SS-5) for people who are deceased, address your request to: 

Send all other FOIA requests to:

You can also write or give your written request to any Social Security field office. 

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Privacy Act Requests

If you are requesting your own record(s), we will process your request under the Privacy Act instead of under the FOIA.  If you are requesting another person's records, you need the person's written consent to disclose them to you.  In these cases, send your request, with the signed consent, to the manager of the Privacy Act System of Records, (if you have this information), your local Social Security office, or the Office of Public Disclosure.  If you need your records in connection with your claim for Social Security benefits, or if you are a representative of someone pursuing a claim for Social Security benefits, direct your request to your local Social Security office.  To find you local office use the following link:  http://s3abaca.ssa.gov/pro/fol/fol-home.html 

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Records We Generally Can Not Disclose

The FOIA does not require agencies to disclose all records. Some examples of records we may not disclose are: 

• classified records,

• internal personnel rules,

• confidential by law,

• trade secrets or confidential financial information, 

• personal information about living people, or 

• records of investigations.

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Fees And Payments

There may be a fee for the time we spend searching, reviewing, and copying records. We may charge a fee even if we are unable to locate or disclose any information or if we no longer have the record. 
SSA has two different fee schedules for requests for records:

• the FOIA fee schedule 
• and a standard fee schedule based on average fee for frequently asked for documents. 

FOIA Fees

The FOIA fee schedule has different provisions for different types of requesters. We will tell you what we will charge after looking at your request. Also, we let you know if your request will cost more than $250 before starting a search.   The FOIA fees are based on the grade of the employee doing the work and the amount of time spent on the request, plus 10 cents per page for photocopying.

Effective July 1, 2001 the hourly fees are:

Fee Schedule For Frequently Requested Records

Requests for records of Social Security number (SSN) holders, claimants and wage earners, are covered by a separate fee schedule.  This fee schedule is based on the full cost of processing the request.  We use an average fee for some frequently requested records.  We increased some of these fees effective July 1, 2001 (see chart below).  We analyzed the costs for providing these records and services; and we computed the new fees on that basis.  These fees were last increased in 1988, so some of the increases are substantial.
 

We can not search for the SSN of anyone born before 1865.

*The numident record is a computer extract of information from the original application for a Social Security card.  Many records of older individuals, primarily those born in 1910 or earlier, are abbreviated records that do not contain the names of the individual's parents and may not contain the place of birth.
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We have not increased the following rates:

• Search for a claim file - $14 
  Please note that claim files usually are destroyed within a few years of the final decision on a claim in accordance with the applicable records retention schedule.

• Photocopying material(s) - .10 cents per page plus postage 

You can pay by credit cards; we accept Mastercard, Visa, Discover, American Express and Diner’s Club. We also accept checks or money orders payable to the Social Security Administration.  Do not send cash. 

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How We Process Your Request

Processing Categories
We try to handle your request within 20 days from the date we receive it.  Sometimes it may take us longer depending on the difficulty of finding the record and how much other work we have. We process requests under a "first in" "first out" basis in three categories: 

1. Simple requests where the receiving office has all the information it needs for the answer. These requests will take the least amount of time to process. 

2. Requests where the receiving office needs more information from another SSA office(s). 

3. Requests that require more information or records from another SSA or government office(s), or a voluminous amount of records, and which may require additional decisions on releasing records from these offices.  These requests take the longest to answer.

Expedited Process 
In addition to the above categories, we provide expedited handling when we find that there is a compelling need for the information.  We do this when the request: 

1. involves an imminent threat to a person's life or physical safety; or, 

2. is made by a member of the media to obtain information that the public should know about urgently. The records would cover actual or alleged Federal Government activity. 
     

If you think that your request should be expedited, please explain your reasons fully in your request.  Under this process, we decide within 10 days from the date of the request whether we will expedite it and notify you of our decision. 

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Denials and Appeals

If we decide that we cannot disclose the records you seek in whole or in part, we can deny your request.  In cases where we can provide some of the records, we will do so.  In cases where we cannot disclose some or all of the records you requested, we will send you a written denial, explaining our reason(s) and your appeal rights, including going to the courts.