The CDIU ROI does not express recommendations about whether SSA should award, deny, cease, or continue benefits. These reports convey the results of an investigation and are for official purposes only. The ROI is part of the claims file, which the individual has a right to inspect prior to his or her hearing. The case file is not exempt from access under the Privacy Act.
When investigative evidence, such as an ROI, is included in the case folder, that evidence is subject to access by the individual 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 case 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. Remove the flag or notation from the file before the individual or appointed representative reviews the file in these circumstances. If the case file contains ROI evidence or a flag or notation is attached to the file, modify the standard “acknowledgment of notice of hearing” to advise the individual or appointed representative of such evidence in file.
“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 video is part of the investigation, the ROI may contain only a written description of the surveillance footage. Upon request, the CDIU will provide the DHO with a CD copy of the actual video, which may also be shown to the individual.