In the deathwatch of the Social Security Administration’s August 22 advertisement that it would accredit a accepted fee agenda for nonprogram accompanying annal requests, the SSA has issued abundant affairs advice as to back and how the fees are to be imposed. The guidance, “Emergency Message 12036 REV,” was issued on September 10, 2012. It currently is accessible on the SSA’s website at https://secure.ssa.gov/apps10/public/reference.nsf/links/09102012095510AM.
Social Security Act (Act) §1106(c) provides that the Commissioner may crave anyone who requests advice from the bureau for any purpose that is “not anon accompanying to the administering of the affairs or programs beneath [the Social Security] Act to which such advice relates” to pay the abounding amount for accouterment such information. The accompanying adjustment is 20 CFR §402.175. A “program accompanying cost,” as defined in Reg. §402.170, is advice
Note, however, if advice is appear beneath the Freedom of Advice Act, the SSA will use the fee agenda set alternating at Reg. §402.165. If advice is actuality accepted beneath the Privacy Act, fees will be answerable in accordance with Reg. §401.95. Requests for advice for the purpose of administering allowances beneath the Employee Retirement Assets Security Act of 1974 (ERISA) are advised to be “nonprogram related” and will be accountable to fees beneath Reg. §402.175.
When will a fee be imposed beneath the Emergency Message?
Under Emergency Message 12036 REV, the SSA will allegation a fee to third-party requesters who appeal advice for a purpose not anon accompanying to the administering of a affairs beneath the Social Security Act and additionally will allegation a fee to first-party requesters who are requesting advice for a nonprogram purpose. First-party requesters accommodate the alone who is the accountable of the record, the individual’s acknowledged guardian, or parents of a accessory child. Note, however, the SSA will not allegation first-party requesters for a account verification, SSN printout or SSN verification. If the appointment accepting a fee appeal has any agnosticism as to whether a accurate appeal is affairs related, it is appropriate to ask the requester to accommodate affidavit assuming the program’s purpose and the acknowledged authority.
Under the fee agenda appear in the SSA’s August 22 announcement, if a requester asks for added than one of the items in the schedule, the accepted fee for anniversary requested account will be accumulated to account the absolute fee. However, if the requester asks for a archetype of a claims binder that consists of both a cardboard basic and a certified cyberbanking folder, the SSA alone will allegation the fee for the cardboard folder.
The abounding $49 fee will be answerable whether an cyberbanking claims book or aloof one certificate from the book is requested. (Similarly, back a cardboard book is involved, whether the appeal is for an absolute claims book or for a distinct certificate from the file, the abounding $86 fee will be charged.) If assorted claims files abide (such as area the appellant has filed for allowances added than once), and a CD is austere for anniversary claims file, $49 will be answerable for anniversary appeal and NOT for anniversary CD.
Official accord forms are not required
SSA-3288, Social Security Administering Accord for Absolution of Information, is the adopted accord anatomy for individuals to accredit the acknowledgment of nontax acknowledgment advice in bureau records. However, the SSA cannot authorization use of this form. It is additionally adequate for requesters to use any added accord certificate as continued as it meets the agency’s requirements declared in POMS §GN 03305.001B.2, as follows:
All accord forms must:
Cash may not be acclimated to pay these fees, but acclaim cards are acceptable. If application a acclaim agenda to pay the fee, the requester charge complete Anatomy SSA-1414, Acclaim Agenda Payment Form.
The Emergency Message has added capacity apropos procedures to be acclimated back an advocate submits a accurate accord requesting a certified archetype of a Social Security affliction beneficiary’s medical annal for a artefact accountability accusation or back an allowance aggregation is battling an individual’s affirmation for abiding affliction allowances in court.
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