TN 15 (11-23)

GN 03340.055 Number Holder's (NH) Access Rights to Records Concerning Others

A. NH’s access rights to information in their record about others

1. Information about auxiliary beneficiaries

The NH has the right of access to the following information on all individuals filing for or receiving benefits on their record:

  • First and last name and relationship to the NH (if the NH’s child has been adopted by another person and is receiving benefits on the NH’s record, we should not tell the NH the child’s new first and last name);

  • Fact of entitlement;

  • Date of entitlement; and

  • Benefit amount (a benefit amount may be different from a check amount).

NOTE: The NH has a right to know this information when it is in their record. However, the NH does not have a right of access to all the information about the auxiliary beneficiary that may be in their own claims file because some of the auxiliary beneficiary’s information may not be relevant to the NH’s request.

The NH does not have right of access to the following information about an auxiliary beneficiary on their record:

  • Payment or check amount; (A payment amount is any amount of money paid to a person that can include several months of retroactive benefits, a lump sum payment representing an increase in benefits covering a specified period, or a one-check-only payment for some other reason.)

  • Payment or check status; and

  • Address and other information that pertain to the auxiliary beneficiary.

2. Information about representative payees

A NH has the right of access to information in their record about the representative payee such as:

  • the payee's first and last name;

  • payment address;

  • accounting reports pertaining to the benefits the payee received on behalf of the beneficiary; and

  • other information that is relevant to the payee's management of the NH's benefits.

A NH may not request access to:

  • the payee's PII, such as Social Security number (SSN) and home address;

  • the payee's application;

  • information about whether the payee serves as payee for other persons;

  • other information that is not relevant to the payee's management of the NH's benefits; and

  • any information pertaining to an auxiliary's payee.

3. Information about other persons

The NH (claimant, beneficiary, or any record holder) may also have the right of access to the first and last names of other persons noted on their record when release would not raise privacy concerns for the third party individual. For example, if there is information in the claims file that notes the name of the Administrative Law Judge deciding the claim, the NH has a right of access to that information since it pertains to their record. In most cases, we will withhold information about a third party in the NH’s record in order to protect the party’s privacy. For questions concerning an individual’s right to access information about other people in their own records, please contact the Office of Privacy and Disclosure.

B. Policy for when a NH does not have the right of access

An NH never has a right of access to records pertaining to other individuals that are not retrieved under the NH’s own PII. The only exception is when the NH is the parent or legal guardian and acting on behalf of a minor or legally incompetent person to request access to those persons’ records.

C. Policy for disclosure to a third party

A NH cannot authorize the release of claims or benefit information concerning other individuals entitled on their record to a third party.

D. Policy for disclosure when someone else adopts NH's child

If a person adopts a NH’s child and the child continues to receive benefits under the NH’s SSN, we may not disclose the child’s new first and last name and address to the NH.

E. Access Disputes

If we deny the NH access to information concerning other individuals on their record, the NH may choose to dispute our denial. The NH can file a Privacy Act appeal with us or file a Freedom of Information Act request for the information they are seeking. Please see GN 03340.075 for more information on Privacy Act denials and appeals.

NOTE: Determining the NH’s right of access to information concerning other individuals on their record can be difficult in certain circumstances. Consult with the regional office Privacy Act Coordinator when you have concerns about the NH’s right of access.

 


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203340055
GN 03340.055 - Number Holder's (NH) Access Rights to Records Concerning Others - 11/09/2023
Batch run: 11/09/2023
Rev:11/09/2023