PROGRAM OPERATIONS MANUAL SYSTEMPart GN – GeneralChapter 033 – Disclosure/Confidentiality of InformationSubchapter 11 – Privacy Act and FOIA FeesTransmittal No. 5, 08/20/2026
Audience
Originating Component
PDP
Effective Date
Upon Receipt
Background
Privacy and Disclosure Policy (PDP) is incorporating relevant portions of Emergency Message (EM) 14057, Standard Fees for Processing Non-Program-Related Requests for SSA Records, into our instructions. We are also clarifying existing policies and procedures to reflect current agency business processes, as it pertains to Privacy Act and Freedom of Information Act (FOIA) request fees.
Summary of Changes
GN 03311.005 Privacy Act and FOIA Fees
We updated the title "Privacy Act and FOIA Request Fees."
In subsection A:
We deleted the first sentence regarding regulations published in the Federal Register on July 15, 1985, as it is no longer applicable.
We clarified that the two fee schedules apply to Privacy Act and FOIA requests.
In subsection B:
2 - Requests for Multiple Copies - We inserted a reference to 20 CFR 401.95 .
3 - Program Purposes Defined
a. We deleted 20 CFR Part 422 and inserted "Section 1106(c) of the Social Security Act and SSA regulations."
b. We inserted a NOTE. We clarified the questions for easier reading.
c. We clarified Example #7 in this section for easier reading.
d. We specified Privacy Act requests apply to this section.
e. We clarified questionable situations should be referred to PDP for consultation.
In subsection C:
1 - We deleted references to HHS (since SSA has been an independent agency since 1994), references to the FOIA fee schedule, and the NOTE.
2 - We updated the name of this section to "Charging Authorities: FOIA Fee Schedule and Section 1106(c) of the Social Security Act" and removed specific fee amounts. We inserted a reference to the SSA's regulations.
3 - Policy of Fees - We deleted this section, as it is no longer applicable.
4 - We deleted this section, as it is no longer applicable.
We also inserted two new sections:
"Development" - FOIA requests are applicable to this section.
"Consideration Case-by-Case" - PDP will consider on a case-by-case basis all fee charging determinations in response to FOIA requests.
In subsection D:
We clarified the provided example, as it pertains to SSA charging for providing information if more detailed information and special services are requested, even though the requests is program-related. We also clarified any questions regarding whether to charge a fee for more detailed information and/or special services should be referred to PDP.
In subsection E:
2 - We clarified the examples to align with language presented in EM 14057.
3 - Fee Schedule -
We updated the title to "Fee Information."
We updated office names.
We deleted the last sentence, which referenced other subsections, as it is no longer applicable.
We incorporated examples from EM 14057, as it pertains to what standard administrative fees for non-program information generally cover.
We inserted a NOTE .
In subsection F:
2 - We inserted a NOTE that advises earnings requests are not processed under the FOIA and inserted a reference to agency regulations.
3 - We updated office names due to agency reorganization.
In subsection G:
We updated the title to "Waiver or Reduction of Fees Associated with Processing FOIA Requests."
We clarified the existing language by creating two new sections:
"FOI Officer Authority" - Only the FOI Officer may waive or reduce a fee where a timely request for waiver has been received and they determine that furnishing the information meets the criteria for public interest waiver. Offices involved in FOIA request processing should forward all waiver or reduction requests to PDP.
"Procedure for Requesting a Waiver or Reduction" - Includes instructions for determining whether the disclosure is both (1) in public interest and (2) the request is not primarily in the commercial interest of the requester.
In subsection H:
We updated the title to "Review of Denial of Request to Waive or Reduce Fees Associated with Processing FOIA Requests."
We clarified that requesters can appeal to the Head of PDP for denials of waiver or reduction of fees associated with processing FOIA requests.
We inserted language advising final determinations of fee waiver determinations may be appealed to the U.S. District court.
In subsection I:
We updated the title to "Procedures on Assessing and Collecting Fees Associated with FOIA Requests."
We deleted the existing language and inserted references and agency regulations .
The two basic categories used for determining the applicable fee schedule are requests for program purposes (GN 03311.005B. through GN 03311.005D.) and requests for non-program purposes (GN 03311.005E.)
If fees are to be charged for program purposes, then two fee schedules can apply: those applicable for Privacy Act requests (GN 03311.005B.) and those applicable for Freedom of Information Act requests (GN 03311.005C.). In addition, special circumstances may arise (GN 03311.005D.) where the FOIA fee schedule will apply even though the general rules provided in GN 03311.005B. and GN 03311.005C. would not require payment. See GN 03311.005D.
If fees are to be charged for non-program purposes, the fee schedule given in GN 03311.005E. will usually apply. However, GN 03311.005F. contains special instructions which apply when a person requests earnings information regardless of the purpose for the request.
Procedures which apply to all instances where SSA will be charging fees for information provided in response to a FOIA request are given in GN 03311.005G. and GN 03311.005H.
The Privacy Act and section 1106 of the Social Security Act permit the Social Security Administration (SSA) to charge a fee for providing a copy of an individual's record (as defined in GN 03301.002B.) at the individual's request.
SSA will give the individual one free copy of their own record where the individual requests the record for a program purpose (see GN 03311.005B.3.). Where voluminous records are involved, SSA may negotiate with the individual or their authorized or designated representative as to exactly what records are needed. The one-free-copy provision applies only when SSA gives the record to the individual themselves, to the parent or guardian acting on behalf of a minor (see GN 03301.002B.), the legal guardian acting on behalf of an incompetent individual, or to an authorized or designated representative (see GN 03301.002B.).
If the individual, their authorized representative, etc., (see GN 03311.005B.1.) requests two or more copies at the same time for themselves (over any period of time), please refer to the Federal Register: Charging Standard Administrative Fees for Non-Program Information for policy on current fees. For requests for information not addressed within the current schedule of standard administrative, refer to 20 CFR § 401.95. Refer any situations where there is doubt about whether to charge to Field Operations. Field Operations will further consult with Privacy and Disclosure Policy (PDP) with questions concerning authority to disclose the requested SSA records.
Section 1106(c) of the Social Security Act and SSA regulations permit SSA to charge the full cost of supplying any information where the information is requested to comply with the Employee Retirement Income Security Act of 1974 (ERISA) or for any other purpose not directly related to the administration of programs under the Social Security Act (See GN 03311.005E.). In the past, it has been SSA's policy to provide one free copy of an individual's own record regardless of the purpose for which the record was requested. However, because of the full cost provision, SSA will follow the policy outlined in 1 above only if the individual alleges that they need the information for a program purpose as defined below.
Consider a request to be for program purposes if the information must be disclosed under the Social Security Act. For example, section 205(c)(2)(A) of the Act (42 U.S.C. 405(c)(2)(A)) requires that SSA provide certain information upon request to a worker, their survivor, or the legal representative of the worker's estate. The information which can be disclosed includes the amounts of the worker's wages and self-employment income and the periods during which they were paid or derived, as shown by our records.
Also consider a request to be for program purposes if the requester indicates that the needed information will be used for a purpose which is directly related to the administration of a program under the Social Security Act for which SSA has responsibility. The major criteria to consider in deciding whether a proposed use is related are:
Is the information needed to pursue a benefit under a program that SSA administers under the Act?
Is the information needed solely to verify the accuracy of information obtained in connection with a program that SSA administers under the Act?
Is the information needed in connection with an activity under SSA's purview, which is authorized under the Act?
Is the information needed by an employer to carry out their taxpaying responsibilities under the Federal Insurance Contribution Act or section 218 of the Act?
NOTE:Each of the criteria must be considered in conjunction with the threshold consideration that the information is needed for a purpose directly related to SSA's administration of its programs. It is not enough for a requester to assert a personal or public interest in SSA's programs. The agency must determine that the disclosure is needed for a use that has a direct connection to SSA's program administration, i.e., the disclosure is necessary to assist SSA in administering the programs for which the agency is responsible.
To verify the accuracy of an earnings record;
To ensure the proper crediting of earnings to a record;
To resolve discrepancies in information in Social Security records;
To determine eligibility or entitlement under Social Security programs (e.g., for Social Security benefits, Supplemental Security Income payments, Medicare, etc.)
To determine or estimate the amount of Social Security benefits to which an individual is entitled, or
To request a refund of Social Security taxes paid on wages or self-employment income.
To provide an individual with a benefit verification concerning himself/herself. This also applies to parents of minors and legal guardians of persons who are subject of judicial findings of incompetence who are acting on behalf of these people, individuals who request these verifications for family members with consent, and representative payees for the individuals whom they are serving as representative payees.
To provide disability beneficiaries with information requested for the purpose of seeking employment or participating in the Ticket to Work program.
For Privacy Act requests, a request for information indicating that the request is for a program purpose (e.g., a request for access to resolve discrepancies or verify accuracy in an individual's record) will be sufficient documentation in most cases. If the Privacy Act request does not contain sufficient information to determine whether it is for a program purpose, obtain a signed statement from the individual including a description of the purpose for which the information is desired. If the individual refuses to give their reason for the request, assume it is for a non-program purpose. See GN 03311.005E. Also see GN 03311.005F.3. for development procedures related to earnings record requests.
Consider on a case-by-case basis any requests which do not meet the definition of program purpose as given above. Refer any questionable situations to PDP for consultation.
The Freedom of Information Act (FOIA) fee schedule (see GN 03311.005C.2.) applies to all requests for records when filling the request benefits the general public (see GN 03311.005G.4.), or when the request is not for program purposes and full costs may be charged (see GN 03311.005E.). The definition of program purposes as given in GN 03311.005B.3. also applies to requests received under the FOIA.
See the agency's regulations at 20 CFR § 402.70 through 402.80.
For FOIA requests, consider any assertion of program purpose in the request and follow-up for additional information if the request has information supporting that it could meet the criteria for program purpose. Due to the nature of FOIA being a public information law, FOIA requests do not require development unless there is an indication the request may be for a program purpose.
PDP considers on a case-by-case basis all fee charging determinations in response to FOIA requests.
In some situations, SSA will charge a fee for providing information if more detailed information and/or special services are requested even though the request is for a program-related purpose. For example, if a legal aid organization represents a claimant and seeks an archived policy relevant to the claim and would like the policy sent by overnight mail, SSA will charge for this mailing service. The FOIA fee schedule will be applicable in these cases.
Any questions regarding whether to charge a fee for a program related purpose should be referred to PDP.
As stated in GN 03311.005B.3.a., SSA may charge the full cost of supplying information where the information requested is needed to comply with ERISA or for any other purpose which is not directly related to the administration of any program under the Social Security Act. Therefore, charge full cost for any information supplied to an individual where the definition of program purpose given in GN 03311.005B.3. does not apply. Full cost will be charged in all cases including where the request is for information about an individual from the individual himself or herself.
The charges made will include any direct and/or indirect cost to SSA (including costs of duplication) for providing the information and any other related services under section 1106(c) of the Act.
A non-program purpose is any purpose not meeting the definition of program purpose given in GN 03311.005B.3. Some examples of requests for non-program purposes are as follows:
To establish earnings amount and/or verify the existence and durations of employment relationships for purposes unrelated to programs administered by SSA under the Social Security Act;
To provide information needed for use in civil litigation (e.g., asbestosis claims, discrimination suits) where SSA is not a party or where claims do not involve those brought under programs administered by SSA under the Social Security Act;
To establish entitlement to union, company, or private pension benefits;
To provide income information for workmen's compensation;
To establish union seniority;
A request for records for third-party research where SSA has not entered into an agreement or similar arrangement with the third party for the research to be conducted based on SSA need or interest; or
A request for records from a member of the public for the purpose of third-party public dissemination (e.g., news reporting) or personal interest purposes.
The Division of Cost Analysis (DCA) in Finance and Management (FM) is the component responsible for distributing costs to Agency workloads, functions, business processes and programs, including fiscal year (FY) administrative overhead standard fees. Field offices (FO) are reminded to include the current FY administrative overhead rate when calculating fees for processing non-program related requests. The current FY administrative overhead standard administrative fees may be accessed using guidance published in the Federal Register: Charging Standard Administrative Fees for Non-Program Information.
The standard administrative fees for non-program information generally cover the following:
Copying an electronic folder.
Copying a paper folder.
Record extract.
W-2/W-3 requests.
Requests for a copy of an original Form SS-5.
Earnings requests.
NOTE:
The agency evaluates all standard fees at least every two years to ensure we capture the full costs associated with providing information for non-program-related purposes. If the agency revises any of the standard fees, the agency will publish another notice in the Federal Register .
See GN 03311.005C.2. for FOIA fee charging authorities. When PDP processes FOIA requests, PDP charges an hourly rate as captured in our regulations at 20 CFR § 402.70. The hourly rate is the same when charging under the FOIA fee provisions or section 1106(c) of the Social Security Act.
Summary Statement of Earnings is a response to Form SSA-7004 requests and provides complete totals of earnings for the appropriate years.
Yearly Totals - The annual totals of earnings for specified years requested.
Detailed Earnings - An itemized listing by employer, for the years requested, of quarterly earnings before 1978 and annual earnings for 1978 and later.
Do not charge to furnish information in response to any request for a Summary Statement of Earnings or Yearly Totals regardless of the purpose for which the information is needed. This policy applies to any requester except for commercial ventures covered by reimbursable agreements. See GN 03305.035.
Requests for detailed earnings will be evaluated under the appropriate provisions of GN 03311.005B. through GN 03311.005E. Fees for these requests are included on Form SSA-7050, Request for Social Security Earnings Information.
Earnings requests are not processed under the FOIA. See the agency's regulations at 20 CFR § 422.125.
If the request states that the purpose is to resolve an earnings discrepancy or a problem with a reporting employer and calendar years are given, or otherwise meets the criteria of GN 03311.005B.3., consider that the request is for a program purpose and forward it to Earnings Corrections (EC) for action.
Earnings requests for a non-program purpose (see GN 03311.005E.2.) which are received with appropriate fee should be referred to EC for their necessary action. If no fee payment is attached to the request, have the individual complete a Form SSA-7050 and remit the proper fee, and then forward the request with the fee to EC for action.
A request for detailed earnings information, which includes the names and addresses of employers and quarterly or yearly earnings, is generally NOT a request for a program purpose (see GN 03311.005B.3.b. for definition) and should be accompanied by the appropriate fee.
If the earnings request does not contain sufficient information to determine whether it is for a program purpose, or if the individual refuses to give reasons for the request, have the requester complete a Form SSA-7050 and remit the appropriate fees. When the Form SSA-7050 and the appropriate fee are received, forward them to EC for action.
Only the FOI Officer (see 20 CFR § 402.50) may waive or reduce a fee where a timely request for waiver has been received and they determine that furnishing the information meets the criteria for public interest waiver in 20 CFR § 402.85. Offices involved in FOIA request processing should forward all waiver or reduction requests to the FOI Officer via PDP.
The agency must determine that the disclosure is both (1) in public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and (2) the request is not primarily in the commercial interest of the requester.
We consider the following factors when analyzing whether disclosure is in the public interest:
How the records pertain to the Federal Government's operations or activities;
Whether disclosure would reveal any meaningful information about Government operations or activities not already known to the public; and
Whether the contribution to public understanding of those operations or activities would be significant.
Requesters must be reasonably specific in their waiver request as to the specific Government operation or activity and provide direct, clear (not remote or attenuated) connections to the meaningful information they seek. Generalized interest in government programs is not reasonably specific to grant a waiver.
If the disclosure is determined to be in the public interest, PDP will then determine whether it also furthers the requester's commercial interest and, if so, whether this effect outwighs the advancement of that public interest. PDP considers the following factors when analyzing whether disclosure is not primarily in the requester's commercial interest:
Would the disclosure further a commercial interest of the requester, or of someone on whose behalf the requester is acting?
If disclosure would further a commercial interest of the requester, would that effect outweigh the advancement of the public interest? Which effect is primary?
A requester who has been denied a waiver or reduction of fees concerning their FOIA request may appeal to the Head of PDP. A fee determination may also be appealed to this official. Final determinations of fee waiver determinations may be appealed to the U.S. District court as applicable law permits.
See the agency's regulations at 20 CFR § 402.90. See also GN 03311.005.C.2. for FOIA fee charging authorities.