VB 01501.013 Processing Third-Party Reports -- CMPPA Exceptions
The Privacy Act as amended by the Computer Matching and Privacy Protection Act of 1988 (CMPPA) requires that SSA must independently verify all data obtained through a computer match before taking any adverse action against an individual based on the information provided by a computer match, unless an exception exists.
The following are exceptions to the CMPPA and independent verification is not necessary per SI 02310.005C.1.:
(NOTE: A Notice of Planned Action is still required to advise the beneficiary (unless legally incompetent) and payee of the adverse computer match data.)
When the information is limited to the identification and amount of benefits paid under a Federal benefit program and there is a high degree of confidence that the information provided in the computer match is accurate. The VA, RRB and OPM matches meet these criteria; or
The information was provided from an interface with other files maintained by SSA (the master beneficiary record and master earnings file).
B. Procedure — Computer Match Data has an Adverse Effect
1. Computer Match Data Received in Office Not Having Jurisdiction of SVB Claim
Fax and forward the computer match data to the CPS having jurisdiction of the SVB claim.
2. Computer Match Data Received in Office Having SVB Jurisdiction
Do not process the adverse action. Prepare and send a Notice of Planned Action to the beneficiary (unless legally incompetent) and payee explaining:
the information provided by the computer match
how the information adversely affects SVB qualification, entitlement and/or payments;
SVB will continue (uninterrupted and at the same amount) until a decision is made at the first appeal level if the individual files an appeal within 10 days after receiving the Notice of Planned Action; and
the computer match information will be treated as accurate and the adverse action will be processed if no response to the Notice of Planned Action is received by the close of the 10-day Goldberg/Kelly due process period.
NOTE: Use the timeframes cited in the NOTE in VB 01501.012C. when sending a Notice of Planned Action to a foreign address.
Update the Intranet site (http://sfnet.sf.ssa.gov/title8) with the following:
the adverse action resulting from the computer match data;
whether the computer match is an exception to the CMPPA;
the effective date of the action;
the date the Notice of Planned Action is mailed or given to the beneficiary or payee; and
the Goldberg/Kelly due process expiration date. (See NOTE: above for determining this date.)
C. Procedures -- No Appeal to Notice of Planned Action Filed
Process the adverse action resulting from the computer match as a first-party report (VB 01501.012D.).
D. Procedures — Appeal to Notice of Planned Action Filed Before Adverse Action Taken
Process in accordance with VB 01501.012E.
E. Procedures — Appeal to Notice of Planned Action Filed after Adverse Action is Taken
Process in accordance with VB 01501.012F.