GN DAL03360.025 Certification of Copies of Documents and Extracts from Records

SSA frequently receives requests for certified copies of documents (for example, copies of medical records, applications, or notices) or information extracted from SSA records. An extract provides information that would not be understood if the actual document was provided (for example, an MBR, SSID, or PHUS would not be understood by a court, while a benefit verification letter using data extracted from those records would be quickly understood). The word “records” is used in this section for both copies of documents and extracts from records.

Requesters typically ask for certified records so they can admit them as evidence during a court hearing or similar matter. In most cases, the matters do not involve SSA but, rather, private parties. Certification consists of affixing an agency seal, ribbon, and a certification statement signed by an authorized Record Officer to the record(s). (See AIMS 02.03 Use of the SSA Seal and Flag.) This way, the document cannot be altered by anyone once it is certified. When authenticated under the Commissioner’s seal, copies of any Social Security records are admissible evidence without further authentication. (See 42 U.S.C. § 904(d).) Therefore, an appearance by an SSA employee in court to testify to the authenticity of certified records is unnecessary.

Field offices (FOs) frequently receive requests to complete an affidavit or deposition questions when producing a copy of a file. Any statement made under oath or penalty of perjury including through deposition or any affidavit is considered testimony, which is not allowed without approval by the Commissioner or the Commissioner’s designee. (See GN 03330.017.) Further, FOs are not the official custodians of the records even though a file may be in your office. Instead of testimony, offer certification.

A. Authority to Certify Records

The Commissioner delegated authority to certify records to certain positions in SSA including Regional Commissioners and authorized further redelegations by Regional Commissioners. (See OBFM | Delegations of Authority | Certification and GN 00360.025.) In the Dallas Region, the Regional Commissioner further redelegated this authority to the Deputy Regional Commissioner, Assistant Regional Commissioner, and Directors of the Center for Disability and Programs Support (CDPS), Center for Automation, Security and Integrity (CASI), and Center for Materiel Resources (CMR).

1. What We Can Certify

• True copies of, or extracts from, books, records, papers, computer printouts, or other documents on file within SSA.

• The nonexistence of records.

2. What We Cannot Certify

• Records that have left our custody: SSA cannot certify records submitted by the requester. (For example, if the requester previously obtained an uncertified copy of a record, they cannot subsequently ask SSA to certify that copy. Instead, SSA would have to create another copy of the record for certification.)

• Earnings records: Only the Office of Earnings and International Operations (OEIO) certifies earnings records. The Dallas Regional Office (RO) cannot certify any records that are considered tax return information as defined in GN 03320.001, including the Summary Earnings Query and Detail Earnings Query. Requesters should use form SSA-7050-F4 to request certified earnings records and submit the request to the address shown on the form. (See GN 03320.000.)

• CDs, PDFs, and zip files: SSA has procedures for releasing records in electronic formats, however, we do not certify records in electronic formats. Records stored in electronic repositories must be printed prior to certification.

• Medicare information: Requests for certified Medicare information should be directed to the Centers for Medicare and Medicaid Services (CMS) or the carrier.

B. Field Office Responsibilities

1. Who Should Handle the Request

The servicing FO with access to the requested information should process the request. If the information is not available electronically, the servicing FO should request the file following the instructions in GN 03305.015 .

Third party requesters must direct their requests to the FO that services the mailing zip code of the individual who is the subject of the request. If an FO receives a third party request about a subject outside of its servicing area, return the request to the requester using the sample language in GN 03305.020.

EXCEPTION: Subpoenas are binding on the office that receives them. See GN 03330.010 and GN DAL03330.015.

2. Review the Consent Form

Review the consent form for compliance with the criteria in GN 03305.003. A consent document must meet all of the requirements in GN 03305.003D. It must be received within the timeframes shown in GN 03305.003G. See GN 03305.003B for consent form signature requirements. See GN 03305.005 and GN 03305.006 for who may and may not consent.

If the consent form does not meet all of the requirements for disclosure, return the consent document to the requester with a written explanation of why we cannot honor it per GN 03305.003I. If the consent form meets the requirements, scan the SSA-3288 into the electronic folder to meet the retention requirement (GN 03305.010) and continue processing the request following the instructions below.

NOTE: There are limited situations under which we can disclose records to third parties without consent. See the following POMS references for SSA’s policies on disclosure without consent.

GN 03312.000 Disclosure of Law Enforcement Purposes

GN 03313.000 Disclosure to Federal Agencies and Officials

GN 03314.000 Disclosure to State and Local Agencies and Tribal Authorities

GN 03315.000 Disclosure Concerning Deceased or Missing Persons

GN 03316.000 Disclosure to Administer SSA Programs and Other Miscellaneous Disclosures

Ask the CDPS Privacy Act Coordinator if you have questions about these types of requests. The name of the current Privacy Act Coordinator is listed on the Dallas CDPS Programs Support Topics list.

3. National Records Center Folder Certification Request Process

In most cases, FOs should use the National Records Center (NRC) Folder Certification Request process for certified records requests. Follow the instructions on the NRC Folder Certification Request Site when using this process.

As noted in the site's user guide, subpoenas and requests from law enforcement entities, Department of Homeland Security, Assistant United States Attorneys at the Department of Justice, and the SSA Office of the Inspector General are excluded from the NRC certification process. The RO will certify records when an NRC exclusion applies. If an NRC exclusion applies, follow the instructions below.

NOTE: The FO processes requests for uncertified records. Do not send requests for uncertified records to the NRC.

4. Compute Fees and Bill Requester

Compute the applicable fees following GN 03311.005. You can use FeebayNet to create an invoice to send to the requester. Process the fee in the Social Security Electronic Remittance System (SERS) unless an exception applies. (See GN 02403.014.) Refer SERS issues to the SERS Helpdesk or via email at ^SERS. Update the payment receipt field in FeebayNet after the fee is received and processed. SSA requires payment before providing records. (See GN 02403.012.) Therefore, make sure the requester pays the applicable fees before routing the request to RO for certification. RO staff does not have SERS access so the FO should submit a copy of the receipt with each certification request.

5. Assemble the Requested Information

Gather the requested information located in both paper and electronic records. Photocopy or print the requested information. Only produce the information specifically listed on the consent form.

Personal information about other individuals for whom we do not have a written consent document may be contained in the consenting individual’s record. The consenting individual may not consent to the release of information in their record about other individuals. Therefore, you must redact any information about other individuals before releasing the records of the consenting individual. See GN 03305.002.2. You can redact using a marker or registered Adobe Acrobat users can use the Adobe redact feature.

NOTE: If redacting using a marker, first black out the information to be redacted, then make a photocopy of the document. Only the photocopy should be released, as the blacked-out information can sometimes be read through the marker on the original copy.

NOTE: If manual redaction is not required, you may wish to save the records as a PDF by selecting "print to PDF" rather than printing on paper since you will need to email the records to the RO.

REMEMBER: The requester may submit these records as evidence in criminal or civil court proceedings. We are responsible for providing clear, complete, and accurate records.

6. Route the Request to the Regional Office

Route the request to the CDPS Privacy Act Coordinator by email. The name of the current Privacy Act Coordinator is listed on the Dallas CDPS Programs Support Topics list. Enter RO Certification Request as the subject line.

Attach copies of the following documents.

• Consent form and any other paperwork submitted by the requester

• Record(s) to be certified

• SERS receipt

Provide the name of an FO contact if using a shared email box to submit the request. If a file is too large to send in a single email, you may need to split it into smaller files to email separately or eFAX it to CDPS. Ask the Privacy Act Coordinator if you have questions about routing the records.

C. Responsibilities of CDPS

Dallas CDPS will review the consent form and records for completeness and disclosure provisions. If CDPS detects any problems, they will notify the FO for resolution. If there are no problems, CDPS will affix the ribbon and seal and prepare the certification form SSA-1841 or SSA-473 for the Record Officer's signature. After the Record Officer signs the certification form, CDPS will ship the certified records to the requester at the address on the consent form.

 


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203360025DAL
GN DAL03360.025 - Certification of Copies of Documents and Extracts from Records - 01/30/2025
Batch run: 01/30/2025
Rev:01/30/2025