Question Presented
               This concerns your inquiry as to whether SSA is responsible for investigating Mr.
                  M~ civil rights complaint to the extent his complaint alleges he was discriminated
                  against by employees of the Wyoming State Disability Determination Services (DDS).
               
               Short Answer
               The Wyoming State Attorney General's office is the entity that is responsible for
                  investigating Mr. M~ civil rights complaint as it pertains to employees of the Wyoming
                  DDS.
               
               Facts
               In May 2004, Mr. M~ filed a discrimination complaint with SSA alleging that he was
                  treated in a discriminatory manner based on disability and retaliation, among other
                  things. His complaint is closely related to his disability claims filed in 1996 and
                  2000, and he believes that the medical evidence used to decide his claims (he was
                  awarded benefits by an Administrative Law Judge (ALJ) on the 2000 application) contained
                  incorrect information. Mr. M~ has submitted a sizeable amount of correspondence, including
                  copies of letters of complaint to and involving multiple other Federal and State governmental
                  entities.
               
               With regard to your inquiry, Mr. M~ alleged, in part, that the Wyoming DDS "made false
                  statements and introduced prejudiced medical evidence" in connection with his disability
                  claims. The Wyoming DDS is a component of the Wyoming Department of Workforce Services,
                  Division of Vocational Rehabilitation. On July 13, 2004, DDS Program Manager Vicki
                  J~ responded to Mr. M~, and requested additional information about his complaint.
                  Ms. J~ also contacted Mr. Joe M~ in SSA's Region VIII Center for Disability for guidance
                  as to whether SSA or the DDS was responsible for responding to Mr. M~ discrimination
                  claims against the DDS.
               
               DISCUSSION
               State agencies such as the Wyoming DDS make disability determinations for SSA pursuant
                  to section 221 of the Social Security Act (Act), 42 U.S.C. § 421. Under section 221,
                  "SSA is required . . . to manage the disability determination process 'to assure effective
                  and uniform administration of the program.'" Memorandum, Legality
                     of Hiring Temporary Employees, CC Region VIII (E~-L~) to RC, SSA, September 3, 1992 (quoting Memorandum, Legality
                  of Proposed Funding Process for the Disability Determination Services, GC:SS (Gonya)
                  to ACD, SSA, July 19, 1988). The regulations implementing section 221, found at 20
                  C.F.R. §§ 404.1601 - .1694, address the respective responsibilities of SSA and the
                  States. Section 404.1603(c)(6) provides that the State will "[i]nsure that all applicants
                  for and recipients of disability benefits are treated equally and courteously[.]"
               
               The definitions section in Chapter 2 of OGC's Civil Rights Procedures Manual provides
                  that "[SSA], for purposes of these procedures, includes all components of [SSA]. SSA
                  does not include units of state government that perform services for SSA under agreements
                  entered into pursuant to Sections 221 [disability determinations] and 1633 of the
                  Social Security Act, or any entity that receives block grants or procurement contracts
                  from SSA."
               
               Chapter 4.A.1 further provides, "If the complaint involves an employee or official
                  of a state disability determination agency, the Senior Advisor [to the General Counsel]
                  or his or her designee shall forward the complaint to the appropriate State or Federal
                  entity." We have conferred with OGC's Office of General Law which confirmed the State
                  would have jurisdiction over a civil rights discrimination complaint against DDS.
               
               A civil rights statute, 42 U.S.C. § 1983, provides the remedy for persons who believe
                  they have been discriminated against by a State actor, that is, someone acting under
                  color of state law. The law is not settled with regard to whether DDSs operate under
                  state or federal law in processing social security claims. Our research found several
                  cases where Plaintiffs filed a discrimination complaint under section 1983 against
                  a DDS (or overseeing State entity) as well as SSA, and the courts dismissed SSA from
                  the action on the basis that the claim did not arise under 42 U.S.C. 405(h), and allowed
                  the section 1983 lawsuit to proceed against the State agency. See
                     Sorenson v. Concannon, 893 F. Supp. 1469 (D. Or. 1994); Laird
                     v. Stillwell, 982 F. Supp. 1345 (N.D. Iowa 1997); Surrell
                     v. Willman, 16 F. Supp. 2d 1085 (D. Neb. 1998). In those cases, the courts concluded that in
                  making disability determinations, the DDSs were created by State statute and operated
                  pursuant to State statutory law for purposes of section 1983 complaints. See
                     also Memorandum, Liability for Attorneys' Fees . . ., RCC Region VI (Seifert) to ARC,
                  SSA, February 13, 1984 (noting possibility that court could award of attorney's fees
                  against co-defendant commissioner of the state's rehabilitation commission if it allowed
                  the section 1983 action) and Memorandum, Guidance for the Disability Determination
                  Division of the Texas Rehabilitation Commission, GC:SS (Moran) to Operational Policy
                  and Procedures, SSA, December 18, 1981 (need for clarification regarding extent of
                  Federal government involvement in private actions against State employees indicated).
               
               On July 29, 2004, I contacted the tort litigation division of the Wyoming Attorney
                  General's office and spoke with a state attorney, Craig K~. Mr. K~ confirmed that
                  his office handles civil rights complaints filed against state agencies, such as the
                  DDS. He indicated that his office would be glad to review the materials that the DDS
                  has received from Mr. M~.
               
               CONCLUSION
               For the forgoing reasons, to the extent Mr. M~ civil rights complaint alleges violations
                  against employees of the Wyoming DDS, we believe that the Wyoming AG's office has
                  jurisdiction over that aspect of the complaint. We are forwarding Mr. M~ civil rights
                  complaint to the Wyoming State Attorney General's office and anticipate that office
                  will take appropriate action.
               
               Deana R. E~-L~
Regional Chief Counsel, Region VIII
               
               By _______________________ 
 Teresa H. A~
 Assistant Regional Counsel