Effective Dates: 02/13/2019 - Present Previous | Next

TN 6 (02-19)

GN 03350.010 Freedom of Information Act Appeals

Any person whose FOIA request has been fully or partially denied may request review of the decision.

A. Policy

The Commissioner of Social Security delegated the authority to decide appeals of FOIA requests, including fee waiver requests and requests for expedited processing to the Executive Director of the Office of Privacy and Disclosure (OPD), Office of the General Counsel (OGC).

1. Time Limit to File an Appeal

An individual may appeal a partial or total FOIA denial by writing to the Executive Director of OPD within 90 days of:

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    receipt of the denial notice, or

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    receipt of records.

2. Time Limit to Decide an Appeal

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    We must issue administrative appeal decisions within 20 business days of receipt of the appeal.

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    We may use (for the same reason) any unused portion of the ten-day extension from the initial request. See 20 CFR 402.200(b).

B. Court Review

1. United States (U.S.) District Court

A requester may seek further review of the agency decision in a U.S. District Court.

2. Jurisdiction and Venue

The requester may file in the District Court:

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    where complainant resides, or has principal place of business;

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    where agency records are situated; or

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    at the District of Columbia.

3. Court Requirements

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    Courts are no longer required to expedite FOIA lawsuits.

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    Courts may retain jurisdiction and grant the agency additional time to process requests in exceptional circumstances.

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    Courts may deny the agency request for additional time, if the requester shows exceptional need or urgency.

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    Courts may require agencies to submit withheld documents for review (in camera inspection) or to prepare an itemized list of withheld documents (Vaughan Index).

C. Procedure

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    Immediately send any FOIA appeal request (whether or not it appears to be timely) to the Executive Director of OPD.

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    OPD will control and develop the appeal and obtain any necessary clearances.

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    Employees should not contact the requester about an appeal currently in litigation without consulting the OGC attorney handling the case.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203350010
GN 03350.010 - Freedom of Information Act Appeals - 02/13/2019
Batch run: 02/13/2019
Rev:02/13/2019