To obtain testimony of an SSA employee in a legal proceeding, the requester must submit
a written application. The application must:
-
1.
Describe in detail the nature and relevance of the testimony sought in the legal proceeding;
-
2.
Include a detailed explanation describing why the testimony is needed, why the information
cannot be obtained from an alternative source, and why it would be in SSA's interest
to provide the testimony;
-
3.
Provide the date and time the testimony is required and where SSA would present it;
and
-
4.
Be received by SSA at least 30 days in advance of the date that the testimony is needed.
If the application is submitted fewer than 30 days before the date the testimony is
needed, the requester must also provide a detailed explanation, explaining why.
-
•
The requester did not apply in a timely fashion; and
-
•
It is in SSA's interest to review the untimely application.
If the application requests testimony of an employee of OIG, the application must
be sent to:
Office of the Inspector General
Social Security Administration
300 Altmeyer Building
6401 Security Boulevard
Baltimore, MD 21235-6401
All other applications for testimony must be sent to:
Social Security Administration
Office of the General Counsel
Office of
General Law
ATTN: Touhy Officer
6401 Security Boulevard
Baltimore, MD
21235-7788
If an application does not include each of the items required, SSA may return it to
the requester for additional information. Unless the Commissioner or designee waives
one or more requirements, an incomplete or untimely application will not be processed.
The Commissioner or designee has the sole discretion to waive any requirements in
20 CFR Part 403.
FO and RO employees should contact your regional Privacy Coordinator or OGC when you
receive a request or an inquiry about a potential request for testimony whether it
is or is not covered by 20 CFR Part 403. All requests for testimony should be brought
to the attention of OGC. If you have local procedures for handling these types of
requests, you should follow them. In any case, be sure OGC is contacted.