In certain cases where disclosure would not violate law, but would otherwise be permitted
by SSA's privacy regulations, the Commissioner of Social Security or a designee may
approve, on a case-by-case basis, disclosure of non-tax return information under the
ad hoc disclosure provision of SSA’s disclosure regulation 20 C.F.R. §
401.195. The Commissioner has delegated the authority to the General Counsel for the Social
Security Administration to approve, on a case-by-case basis, the disclosure of non-tax
return information under the ad hoc disclosure provisions of the regulation, 20 C.F.R.
§ 401.195. The General Counsel has re-delegated this authority to the Deputy General
Counsel(s) and the Head of Privacy and Disclosure Policy (PDP).
Ad hoc disclosures may be approved when, at the delegee's discretion, the disclosure
is requested for a purpose of significant importance to SSA, government, the public,
or national interests. These may include, but are not limited to, matters of national
security, health and safety, terrorism, or for law enforcement activities directed
by a presidential Executive Order.
In these cases, the following requirements must be met:
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the disclosure is relevant or necessary for the purpose requested, and
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there is no provision authorizing disclosure in our disclosure regulations 20 C.F.R. Part
401 as interpreted by POMS GN Chapter 033, and
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no provision of law specifically prohibits the disclosure.