You asked us to review materials relating to a dispute over a change in representative
                  payee for Samantha and Ryan C~, minor children of the wage earner Anne G~. Those materials
                  indicate that Ms. G~, who was previously appointed representative payee to receive
                  the children's benefits on her account, has appealed the Agency's determination appointing
                  the children's father, Paul C~, as representative payee for the children. Ms. G~,
                  or her friend Mary S~ on her behalf, requested copies of documents in connection with
                  the representative payee change in order to pursue her appeal of the representative
                  payee selection for the children. You asked what materials the Agency could allow
                  Ms. G~ or Ms. S~ to view. We conclude that Ms. G~, or her personal representative,
                  is entitled to review copies of documents used in connection with the initial determination
                  to select Mr. C~ as representative payee. However, personal information about Mr.
                  C~ or any other individuals other than Ms. G~ and her children should be redacted
                  from the copies of the documents before they are supplied to Ms. G~ or her representative.
                  We also recommend that the Agency redact any information regarding the father's address,
                  even though that address is also apparently the address where the children currently
                  reside.
               
               Background
               The materials sent to us fall into the following categories:
               
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                           court orders and transcripts of court proceedings related to the dissolution of Ms.
                              G~'s marriage to Paul C~ and the custody arrangements for their minor children;
                           
                           
                         
                      
                   
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                           correspondence from Ms. G~ or Ms. S~ to the field office (FO);
                           
                         
                      
                   
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                           correspondence from FO personnel to Ms. G~;
                           
                         
                      
                   
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                           correspondence from Mr. C~ to the FO;
                           
                         
                      
                   
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                           correspondence between the FO and Judge Maxine W~;
                           
                         
                      
                   
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                           forms completed by FO personnel as a result of interviews with the children;
                           
                         
                      
                   
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                           a letter to Mr. C~ from his attorney;
                           
                         
                      
                   
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                           a letter from a psychologist indicating that Ms. G~ would not be attending a meeting
                              with him;
                           
                           
                         
                      
                   
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                           a letter from Ms. G~'s treating physician;
                           
                         
                      
                   
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                           copies of two Representative Payee System (RPS) screens, input by FO personnel on
                              April 28, 2006, relating to the payee change.
                           
                           
                         
                      
                   
               
               It appears from the letters from Ms. G~ and Ms. S~ that they are requesting copies
                  of all documents related to the selection of Mr. C~ as representative payee, including
                  any documents received by SSA from Mr. C~, and all SSA communications with the clerk
                  of the court, judge, or the children's guardian ad litem. They are also requesting
                  an accounting of who requested information about Ms. G~ from SSA, what information
                  was supplied and by whom and on whose authorization, as well as copies of any disclosures
                  SSA may have made of Ms. G~'s medical information or information about her disability
                  benefits. It is our understanding from a telephone conversation with Linda T~ of the
                  Greenfield, Wisconsin FO that no disclosures were made of medical, benefit, or other
                  information about Ms. G~. Therefore, this memorandum deals solely with the issue of
                  what documents pertaining to the change in representative payee may be disclosed to
                  Ms. G~.
               
               Discussion
               The materials submitted to our office refer to a March 7, 2006 notice of determination
                  to appoint a new representative payee and a March 10, 2006 letter from Ms. G~ objecting
                  to that decision. See June 26, 2006 letter to the FO, signed by Ms. G~ and Ms. S~.
                  We presume there may be other documents of which we are unaware that Ms. G~ may be
                  requesting the Agency to disclose. Therefore, our memorandum will seek to address,
                  not only the specific documents forwarded to our office, but issues regarding disclosure
                  in general and issues regarding selection of a representative payee. The general information
                  in section A below may be helpful in explaining to Ms. G~ or her representative the
                  factors considered in selecting a representative payee and the duties of a representative
                  payee.
               
               A. General  Information Regarding Selection of a Representative
                     Payee and Duties of a Representative Payee. 
               The Social Security Act requires SSA to determine whether an individual entitled to
                  Social Security benefits requires a representative payee, and, if so, to designate
                  the party to serve as the payee to receive benefits on behalf of a Social Security
                  beneficiary. See 42 U.S.C. § 405(j). Pursuant to these provisions of the Social Security Act and the
                  implementing regulations (20 C.F.R. §§ 404.2001-404.2065), SSA takes into account
                  several factors in selecting a representative payee, such as who will serve the best
                  interests of the beneficiary, a proposed payee's relationship to the beneficiary,
                  the amount of interest shown toward the child, whether a proposed payee has legal
                  authority to act for the beneficiary, whether the proposed payee has custody, and
                  whether the proposed payee is in a position to know about the beneficiary's needs.
                  20 C.F.R. § 404.2020. See also POMS GN 00502.130. The regulations also provide a suggested order of preference to consider in selecting
                  representative payee. 20 C.F.R. § 404.2021. See also POMS GN 00502.105.
               
               Once SSA has appointed a representative payee, it holds that representative payee
                  responsible for disbursing benefits in the best interest of the beneficiary. 20 C.F.R.
                  § 404.2065. SSA periodically requires written reports from representative payees.
                  Id. If a representative payee does not provide information requested by SSA, SSA may
                  stop payment to the representative payee and may select a successor representative
                  payee. 20 C.F.R. § 404.2025. A representative payee must apply benefits certified
                  to him only for the "use and benefit" of the beneficiary and in a manner and for the
                  purposes he determines, under SSA's guidelines, to be in the beneficiary's best interest.
                  20 C.F.R. § 404.2035. SSA will consider that payments certified to a representative
                  payee have been used for the beneficiary's "use and benefit" if they are used for
                  the beneficiary's current maintenance, such as for food, shelter, clothing, medical
                  care, and personal comfort items. 20 C.F.R. § 404.2040. After the representative payee
                  has used benefit payments for the beneficiary's current maintenance, he must conserve
                  the remaining funds or invest them on the beneficiary's behalf. 20 C.F.R. § 404.2045.
               
               B. Notice Requirements and Appeals Rights
               The selection of a representative payee is an initial determination, which carries
                  appeal rights. 20 C.F.R. § 404.902; POMS GN 00503.110.1 When a payee has been selected, advance notice is sent to the beneficiary or to the
                  person who can act for the beneficiary. POMS GN 00503.100. While a current payee may be contacted for input on a proposed change of payee,
                  an advance notice to the current payee is not required. POMS GN
                     00503.100. Advance notice should be sent to the parent or legal guardian, however, unless the
                  parent is the proposed payee. Id. The POMS advises caution in determining whether or not to send advance notice to
                  the non-selected parent where parents have joint custody. POMS GN 00503.100E.2.e.
               The FO wrote Judge W~, who we presume is a family court judge, to advise her of the
                  proposed selection of Mr. C~ as representative payee and to allow the judge input.
                  The May 23, 2006 letter from the FO to Ms. G~ suggests that the FO contacted the court
                  clerk to verify that Patrick J~ was no longer guardian ad litem for the children,2 and the court clerk advised the FO to contact Judge W~. Contact with third parties,
                  such as a court or guardian ad litem is permissible to assist in administering SSA
                  programs, including obtaining or verifying information about the suitability of a
                  representative payee or representative payee applicant or seeking clarification about
                  parental rights or guardianship. POMS GN 03316.065, GN 00503.100. For these purposes, SSA may disclose information from the claim folder without the
                  beneficiary's consent. GN 03316.065. See http://www.ssa.gov.foia/bluebook/600222.htm ("Information pertaining to the identity of a payee or payee applicant, the fact
                  of the person's application for or service as a payee, and as necessary, the identity
                  of the beneficiary, may be disclosed to a third party where necessary to obtain information
                  on employment, sources of income, criminal justice records, stability of residence
                  and other information relating to the qualifications and suitability of representative
                  payees or representative payee applicants to serve as representative payees or their
                  use of the benefits paid to them under section 205(j) or section 1631(a) of the Act").
                  Ms. G~ has expressed concern that FO communications with the court or the guardian
                  ad litem constitute improper "ex parte" communications. That is not the case. An ex
                  parte communication is a communication between the court and a party to an action
                  or their counsel. See Black's Law Dictionary (8th ed. 2004) ("communication"). Because SSA is not a party
                  to the divorce action or custody proceedings, communication between SSA and the court
                  was not "ex parte."
               
               The selection of a representative payee is an initial determination subject to the
                  formal appeals process. As a parent with legal joint custody,3 Ms. G~ has the right to appeal the initial determination selecting a successor payee,
                  review the evidence upon which the selection was made, and submit additional evidence.
                  See 20 C.F.R. § 404.2030 ("If you are under age 15, an unemancipated minor under age
                  18, or legally incompetent, our written notice goes to your legal guardian or legal
                  representative . . . you, your legal guardian or your legal representative can appeal
                  our designation of a particular person or organization to serve as your representative
                  payee"); see also 20 C.F.R. § 404.902 ("[w]ho will act as your payee if we determine that representative
                  payment will be made" is an initial determination, subject to administrative and judicial
                  review). We verified with the Office of Income Security Programs (OISP) that a parent's
                  right to appeal a representative payee selection is a right the parent has on behalf
                  of the child, not in the parent's own right. It is our understanding that Ms. G~ is
                  appealing the initial determination appointing a successor payee. Therefore, she is
                  entitled to review evidence upon which the selection was made and to submit additional
                  evidence if she desires. As explained in the following section, we advise that the
                  Agency may provide copies of the documents used in determining the selection of Mr.
                  C~ as successor representative payee for review by Ms. G~ or her legal representative,
                  subject to redaction of private information.
               
               C. Disclosure of Documents
               Whether information and documents may be disclosed to Ms. S~ depends on whether Ms.
                  G~ has a right to the information and, if so, whether she has executed a valid appointment
                  authorizing Ms. S~ to act on her behalf. You sent us a copy of an SSA-1694-U4 Appointment
                  of Representative form dated March 17, 2006. The form, as amended, gives Ms. S~ the
                  authority to act as Ms. G~'s representative in connection with her rights under Title
                  II. We presume that the form was validly executed by Ms. G~. We have reviewed the
                  document copies you submitted to our office and reached the following conclusions
                  about whether copies may be reviewed or released to Ms. G~ and her representative.
               
               Copies of written correspondence between Ms. G~ or her representative and the FO may
                  be provided to Ms. G~ or her representative, as the correspondence was either originated
                  by, or addressed to, Ms. G~ or her representative. Because Ms. G~ or Ms. S~ would
                  have previously had such correspondence in their possession, we see no harm in providing
                  her with copies of such correspondence, if she requests such copies. We also see no
                  reason to withhold copies of the court orders and transcripts of court proceedings
                  related to the dissolution of Ms. G~'s marriage and the custody of her minor children.
                  Because Ms. G~ is shown as a party to the court proceedings, she would have access
                  to such documents through the court. Thus, we see no harm in providing her with copies
                  of those documents.
               
               With regard to the remaining documents, we advise that, in general, copies of such
                  documents may be provided to Ms. G~ or her representative in connection with her appeal
                  of the representative payee selection, but information should be redacted from those
                  documents if disclosure of the information would constitute an invasion of privacy.
               
               The RPS screen data is contained in a system of records accessible by social security
                  number and, therefore, it is subject to the provisions of the Privacy Act, 5 U.S.C.
                  § 552a. The Privacy Act gives an individual the right to access most records about
                  that individual that are contained in a system of records. 20 C.F.R. § 401.35. Because
                  Ms. G~ has filed an appeal of an initial determination on behalf of her children,
                  she may generally have access to information contained on the RPS system if that information
                  pertains to her or the children. See 20 C.F.R. § 401.75 (parent or guardian of minor is authorized to act on behalf of
                  minor and viewed as if the parent were the subject individual). The Privacy Act does
                  not allow her access to information about others, however, even if that information
                  is contained in a record which also pertains to her or the children. See 20 C.F.R. § 401.60 ("When information about two or more individuals is in one record
                  filed under your social security number, you may receive the information about you
                  and the fact of entitlement and the amount of benefits payable to other persons based
                  on your record."). Therefore, you may disclose copies of the April 27, 2006 RPS screen
                  data. However, you should redact information pertaining to persons other than Ms.
                  G~ and the children, i.e., Mr. C~'s social security number, driver's license number,
                  and any other identifying data about Mr. C~. Release of personal information about
                  Mr. C~ to Ms. G~ is not permitted under any Privacy Act routine use. Nor would such
                  information be available to her under the Freedom of Information Act (FOIA), 5 U.S.C.
                  § 552, as such disclosure would constitute a clearly unwarranted invasion of personal
                  privacy. Under 20 C.F.R. § 402.100, in deciding whether to release a record that contains
                  personal or private information, the foreseeable harm of invading a person's privacy
                  is weighed against the public interest in disclosure. Here, we see no overt public
                  interest in disclosure to override Mr. C~'s right to privacy regarding personal information
                  pertaining to him.
               
               With regard to the letter from the psychologist, we cannot ascertain whether the psychologist
                  was treating her, presumably making the letter a medical record pertaining to Ms.
                  G~, or whether the meeting referenced in the letter was in connection with the child
                  custody proceedings. It appears that the latter explanation is more likely. In any
                  event, if the letter was or may be considered by the Agency in determining that Mr.
                  C~ should be the representative payee, we believe Ms. G~ is entitled to have it disclosed
                  to her, particularly since she is the subject of the record. The same rationale applies
                  to the letter to Mr. C~ from his attorney and to the letter from Ms. G~'s oncologist.
                  These documents should be disclosed only if they were considered or may be considered
                  in determining who should be the representative payee.
               
               As Ms. G~ is appealing an initial determination on behalf of her children, she is
                  entitled to see copies of the forms documenting the interviews with the children.
                  This is because the children, as subjects of the record, would be entitled to such
                  records under the Privacy Act if they were to request them directly. 20 C.F.R. §§
                  401.35, 401.75. As with the RPS screens, however, personal information pertaining
                  to persons other than Ms. G~ and the children (such as Mr. C~'s address or telephone
                  number), should be redacted, as disclosure of such information is not required under
                  the Privacy Act and falls within the invasion of privacy exemption to disclosure under
                  the FOIA. 20 C.F.R. § 402.100. Similarly, any personal information about other persons
                  should be redacted before disclosure of the other documents, including records of
                  communications between the FO and the court, the guardian ad litem, and Mr. C~. Even
                  if the children are or were living with Mr. C~, we recommend against disclosing to
                  Ms. G~ any information regarding Mr. C~'s address. While the Agency may consider that
                  the children are living with Mr. C~ in determining whether he should be the representative
                  payee, and while the children would generally be entitled to know the address shown
                  for them in our records, we believe that disclosing Mr. C~'s address to Ms. G~ under
                  these circumstances would be an undue invasion of Mr. C~'s privacy.
               
               Conclusion
               In summary, we conclude that Ms. G~ or her representative may review copies or receive
                  copies of documents in connection with her appeal, on behalf of the children, of the
                  initial determination selecting Mr. C~ as representative payee. However, personal
                  information about other individuals, such as addresses, telephone numbers, social
                  security numbers, driver's license numbers, etc., must be redacted.