The CDIU ROI does not express opinions about whether we should award or deny benefits.
These reports convey the results of an investigation and are for official purposes
only. OIG units provide us with copies of their ROIs for any related administrative
purposes that we may deem appropriate.
The ROI is part of the claims file, which the claimant has a right to inspect prior
to his or her hearing. The claims file is not exempt from access under the Privacy
When investigative evidence that an OIG office or a CDIU submits for consideration
in the Disability Hearing Unit (DHU) hearing process is included in the claims folder,
that evidence is subject to access by the claimant under the Privacy Act. For this
reason, the CDIU sanitizes ROIs to protect the identity of confidential informants
and investigative techniques, or remove other information that can be properly withheld
under the Privacy Act (5 U.S.C. 552a(d) and 20 CFR 401.35.
NOTE: If the claims folder has a flag or includes a notation indicating a referral to a
CDIU, or OIG office, and that office has not submitted an ROI, do not disclose the
flag or notation. You must remove the flag or notation from the file before the claimant
or representative reviews the file. If the claims file contains OIG/CDIU evidence,
modify the standard “acknowledgement of notice of hearing” to advise the claimant
or representative of such evidence in file. The following wording is suggested.
“Your file contains investigative evidence submitted by the Office of the Inspector
General of the Social Security Administration (SSA). You may see this evidence, as
well as any other evidence in your file, if you decide to look at the file before
or on the date of the hearing.”
Because of the size of the electronic file, if a surveillance videotape was made during
the investigation, the ROI may contain only a written description of the surveillance
footage. Upon request, the CDIU will provide the DHO with a copy of the actual tape,
which may also be shown to the claimant.