GN 00302.950 Obtaining Evidence From the DHS
The Department of Homeland Security (DHS) will furnish information from its records either to
B. Applicant Requests for DHS Information
Applicant requests for DHS information should be submitted on DHS Form G-639 . DO's may obtain a supply of these forms by regular requisition and, when necessary, may assist the applicant in completing the form.
When requesting the DHS information,
|The DHS information is to be returned to SSA||Enter DO's name and address in the box above item 1 of the Form G-639|
|The applicant needs information from the file of another person (e.gt., relative, sponsor, etc.)||Be sure that the “consent block” of Form G-639 is signed by the person to whom the record pertains (if living).|
C. Waiver of Fee
The fee which normally accompanies the Form G-639 may be waived by DHS. The decision to waive the fee appears largely judgmental. For this reason, it is important for the applicant to explain as clearly as possible why the fee should be waived; e.g., simply stating “I am an SSI claimant” may be sufficient.
D. Requests for the Benefit of the Government
DHS will release information to SSA when release is for the benefit of the government. Such release is considered a “Conditional” or “Routine Use” disclosure as provided in the Privacy Act of 1974. (See GN 00305.001B.)
DHS will release information to SSA without the consent of the applicant and without fee when:
The request is for verification of the authenticity of an DHS document that has been presented to SSA (i.e., the document is suspected to be fraudulent), or
Because the DHS information received and submitted by the claimant disagrees with other evidence of comparable probative value (see GN 00302.165), additional information is needed from DHS (such as, who provided the information in the DHS records, or the relative ages of siblings shown).
E. SSA Requests from DHS Information
SSA requests for DHS information should not be made on Form G-639. (If the Form G-639 were used, the request might be returned because of the absence of a fee.)
To avoid delays or problems SSA requests to DHS should:
Be submitted directly to the proper DHS office (see GN 00302.910) on the DO letterhead over the district manager's signature.
State that the request is being made “pursuant to a 'Conditional' or "Routine Use' disclosure under the provisions of Section 552a(b) of the Privacy Act.”
Contain sufficient identifying information so that DHS can locate the desired record, e.g.,
Identify the particular information desired
State why disclosure to SSA will benefit the government, e.g., detection of a fraudulent document or resolution of conflicting evidence in our possession. (Sufficient details must be given to support the statement.)
Be accompanied by a self-addresses, franked envelope.
F. Follow-up Requests
Should be made no sooner than 45 days after the original request
Should consist of a completely new request with reference to the original request
Can be prepared by the DO when the original request was made by the claimant and indicated that the information was to be sent to the DO.
NOTE: In this last situation the claimant's signature is not needed on the followup request.
G. INTPSC Requests for DHS Information — Claimant Resides Outside U.S.
Never tell a claimant that he/she must obtain information from DHS. If it appears that DHS records might contain needed evidence, suggest this as a possible source of evidence.
The following INTPSC procedures apply:
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H. Clarification Needed
If DHS furnishes information but clarification is needed, INTPSC will write to DHS.