Showing posts with label Freedom Of Information Act. Show all posts
Showing posts with label Freedom Of Information Act. Show all posts

Jun 6, 2023

NPRM On FOIA


     The Social Security Administration posted a Notice of Proposed Rule-Making (NPRM) in the Federal Register today to amend its Freedom of Information Act (FOIA) regulations to make them more consistent with 2016 changes in the FOIA and with recent guidance from the Attorney General.

Mar 3, 2023

A Big Batch Of "Proactive Disclosures"

     Social Security FOIA [Freedom of Information Act] Reading Room routinely posts "Proactive Disclosures." Usually, it's just a couple of posts a month but they're starting off this month with a bang. Below is what they've posted so far. I guess this is based about recent FOIA requests they've replied to. It makes you wonder why some of these FOIA requests were made. By the way, this includes a list that purports to tell you the top 500 law firms receiving attorney fees in Social Security cases. I don't know about this list but in the past these numbers have been wildly inaccurate.

Apr 1, 2022

Help Please

      For some time now I've been posting the Caseload Analysis Report issued by Social Security's Office of Hearings Operations (OHO). To their credit, OHO has been voluntarily releasing it. 

    I'm sure that other Social Security components produce similar reports. I'd like to see some of them. I can request them under the Freedom of Information Act (FOIA) but it would help if I knew what the reports are called. I'd be interested in the names of the operational reports for the Disability Determination Services (State Agency Operations Report?), Field Offices, Teleservice Centers and Payment Centers. The names of the reports can't be some closely held secret. Can anyone help me with just the names of the reports?

    It's hard to imagine any harm to the agency in the public having a better idea of the agency's operations. It might be of help in obtaining an adequate operating budget.

Oct 4, 2021

New FOIA Disclosures


      Social Security has uploaded a number of "proactive disclosures" to its Freedom Of Information Act (FOIA) reading room. Read and enjoy.

Jul 20, 2020

They Really Don't Want You To Read This

     Earlier this month I posted about a large cache of "proactive" disclosures of information posted on Social Security's Freedom Of Information Act Reading Room. That large cache has been completely taken down. But, you know what? It's all still stored on Google Cache!

Jul 19, 2020

No, Internet Services Aren't Causing The Field Offices To Fade Away

     One of the proactive disclosures recently posted by Social Security is data on in-person visits to Social Security field offices in Fiscal Year 2019. There were 43,467,832 of them. They have it broken down by field office.

Jul 9, 2020

ALJ Training Notebook

     As part of its long list of proactive disclosures, Social Security has released its 2019_ALJ Training Materials It's more than 1,000 pages long. The vast majority of it, if not all of it, is material that was already available to the public. Someone with more time on their hands than me may be able to comb through it and find new material. It may be a useful desk book for attorneys representing claimants since it contains most of the policies that Administrative Law Judges are supposed to follow.

Jul 8, 2020

SSA Releases Big Batch Of Proactive Disclosures

      Social Security has an office whose job is responding to requests made under the Freedom Of Information Act (FOIA). They respond directly to those making the requests but from time to time they also post "Proactive Disclosures" online, apparently derived from items they're already disclosed in response to individual requests. They're just made a huge dump of 51 Proactive Disclosures. I'll pull out some items to post about here when I have time but you may want to take a look at the list now.
     By the way, they have lists of Top 100 Firms & Reps by Fee and Top 300 Fee Payments These lists are inaccurate. I know because my name and my firm's name are on the lists. I know the figures given for me and my firm are way off. I have no idea how they could be so far off. I also caution that those who have never tried to practice Social Security law have no clue about the expenses involved or the sort of investment required. The profit margin, when there is one, is a much smaller percentage than you would think. If you think that practicing Social Security law is a fast track to riches, I invite you to give it a try but know that there will be months, especially in the first few years or if there's a pandemic, when you have to sweat covering your overhead. There are reasons almost no one is leaving the employment of the Social Security Administration to hang out a shingle and represent claimants.

May 8, 2019

72,100 Hours?

     From The Tennessean:
The Social Security Administration is best known for running the nation's largest retirement program. But it's also responsible for deciding whether millions of Americans qualify for disability benefits.
If you want to understand how those decisions are made, it's going to cost you: $2.3 million.
That was the administration's response to a USA TODAY NETWORK request for public information. Reporters are trying to scrutinize the performance of doctors hired in each state to review federal disability applications, including their workload and how fast they reviewed application files.
The agency's extraordinary price tag indicates that Social Security has no central database, but rather allows each state to manage doctors differently — a policy that, in at least one state, led to an unusually high denial rate and hefty doctor paychecks.  ...
In October, the USA TODAY NETWORK submitted a Freedom of Information Act request seeking doctor performance data for each state. 
The agency responded in April, indicating they would need 72,100 hours to get such information. That’s the equivalent of nearly 60 employees working full-time on the request for a full year – without taking vacation or holidays off. ...

Jul 6, 2016

Happy Birthday FOIA!

     The 4th of July of this year marked the 50th anniversary of the Freedom Of Information Act (FOIA). In a rare act of bipartisanship that has attracted almost no public attention, Congress passed important amendments to FOIA that are coming into effect this month. Here are some excerpts:
  • Search fees will no longer be assessed if an agency fails to meet the strict time limits set forth in FOIA unless the records requested exceed 5,000 pages. Since no agency is meeting the time limits, there will no longer be a search fees in most cases.
  • Agencies can no longer withhold documents under an FOIA exemption unless "the agency reasonably foresees that disclosure would harm an interest protected by an exemption." An agency can't just come up with some halfway plausible argument for an exemption. They have to have an argument that there will actually be some public harm.
  • Agencies can no longer use the inter-agency or intra-agency exemption for documents more than 25 years old.
  • "Each agency shall designate a Chief FOIA Officer who shall be a senior official of such agency (at the Assistant Secretary or equivalent level)."
     FOIA doesn't have a special impact at Social Security. It's just that it's crucial for our system of government. There won't be a FOIA float at any 4th of July parade but it's an essential guarantee of our liberties.
     Making a FOIA request isn't difficult. You can do it online.

Mar 14, 2014

FOIA Processing At Social Security

     The Center for Effective Government has released a report on agency processing of Freedom of Information Act (FOIA) requests. The Social Security Administration had the highest overall rating of any agency.
Agency
Processing Results
Disclosure Rules
Quality of FOIA Website
Overall Score
Social Security Administration
107% (A+)
46% (F)
70% (C-)
83% (B)

Aug 16, 2013

Taitz Not Going Away

     Orly Taitz is still going strong at the "World's Leading Obama Eligibility Challenge Web Site." She's now mostly making Freedom of Information Act requests to the Social Security Administration for documents concerning the President's mother!  Among Taitz' findings are these gems:
It is not clear, why did Ann Dunham [the President's mother] apply for a change from Dunham to Dunham Obama in 1963, when she divorced Barack Obama senior. One would expect her to change her name in February 1961, when she reportedly married Obama, not in 1963, when she divorced him. This application for SSN change for Ann Dunham was released for the first time today. 
It is not clear, why did Ann Dunham apply for yet another change of her SSN card in June of 1995. This June 1995 application for a change of the SSA card was released for the first time in SSA July 29 2013 letter to Taitz and was received today. This change was made only a few months before Ann Dunham passed away on November 7, 1995. Incidentally, November 7 happens to be the day when the Communist revolution in celebrated in Russia. Ann Dunham passed away at home with only her two children present. There was no attending physician at the time of her death, no autopsy by a coroner. Her remains were cremated and buried at sea. Typically there is a requirement for a permit for a burial at sea. There is no record of such permit ever being granted or requested.

Feb 14, 2013

"Secret ALJ" Policy On Its Last Legs

     For months, Social Security has been withholding the identity of the Administrative Law Judge (ALJ) scheduled to hold a hearing until the day of the hearing. This "secret ALJ" policy is on its last legs. The agency has been unable to defend the "secret ALJ" policy in court -- and I mean literally unable to defend the policy. Social Security has to work through the U.S. Attorneys when it is sued and the U.S. Attorneys are refusing to defend Social Security on Freedom of Information Act (FOIA) lawsuits on this issue, not that the agency had much of a defense anyway. Social Security is now revealing the identity of ALJs scheduled to hold hearings to claimants and their attorneys who file FOIA requests. The National Organization of Social Security Claimants Representatives (NOSSCR) advised its members of this fact yesterday afternoon. It can only be anticipated that Social Security's Office of Privacy and Disclosure (which handles FOIA requests) will be deluged with FOIA requests which are easily made online.
     Michael Astrue is gone. There is no reason to continue this failed policy a day longer.

Jan 22, 2010

Social Security Releases Much Data

A press release from Social Security:

Michael J. Astrue, Commissioner of Social Security, today announced that the agency is making new data about beneficiaries and the agency’s disability and hearing processes available to the public. The new data supports the President’s Transparency and Open Government initiative and is available at www.data.gov.

“I applaud President Obama’s commitment to creating an unprecedented level of openness in government and the new datasets we are posting far exceed what was asked of us,” Commissioner Astrue said. “Social Security has always valued transparency and sought to give the public user-friendly information about our programs. Each year we send millions of Americans personal information about their Social Security contributions and potential benefits. Our website www.socialsecurity.gov has a wealth of information about our programs and the Social Security trust funds. I hope the new data we are making available will lead to a better understanding of our operations and the important role we play in people’s lives. I look forward to engaging Americans in the business of their government.”

Here are a few examples of the value of the Social Security datasets available today:

  • Researchers can find out about the work-related experiences of our beneficiaries receiving Social Security disability benefits and give us policy guidance for our disability programs.
  • The public can see information about hearings workloads and a breakdown of the types of decisions made by Administrative Law Judges.
  • Researchers can study the effects of current and proposed legislative and program provisions.
  • People who have requested a hearing on their disability claim can estimate the amount of time they may have to wait for the hearing to be held and for a decision.
  • The public can see general information requested under the Freedom of Information Act.

“These new datasets are just the beginning of our efforts. In February we will launch our Open Government webpage that will include improved access to our data in a variety of formats. In April we will publish our Open Government plan,” said Commissioner Astrue. “Let me also reassure all Americans that while our goal is to become more open and transparent, we will continue to vigilantly protect the personal information the public entrusts to us. We will ensure that transparency does not put that information at risk.”

Here is the list of Social Security provided datasets. Here are what I find to be the more interesting of the newly released data, some of which I was unable to open due to technical problems, which I have noted below:
Please let me know if you can open the datasets that I had trouble with.

Aug 4, 2009

How Many Of You Knew About This?

From the Lufkin Daily News:

People who use social networking websites know that it can be exciting to reconnect with long lost friends and relatives over the Internet. Such surprise connections can be fun and conjure up memories of times forgotten. But what if you have a more serious situation and you need to locate a particular person? Perhaps Social Security can help.

Social Security is in the business of paying benefits, not reconnecting people. But, in some cases, we will do what we can to help.

We will attempt to forward a letter to a missing person under circumstances involving a matter of great importance, such as a death or serious illness in the missing person's immediate family, or a sizeable amount of money that is due the missing person. Also, the circumstances must concern a matter about which the missing person is unaware and would undoubtedly want to be informed.

In less dire cases, such as when a son, daughter, brother or sister want to establish contact, we will write to the missing person, rather than forwarding a letter.

Because this service is not related in any way to a Social Security program, its use must be limited so that it does not interfere with our regular program activities.

There is no charge for forwarding letters that have a humanitarian purpose. However, we must charge a $25 fee to cover our costs when the letter is to inform the missing person of money or property due. This fee is not refundable. The fee should be paid by a check made payable to the Social Security Administration.

We must read each letter we forward to ensure that it contains nothing that could prove embarrassing to the missing person if read by a third party. Letters should be in plain, unstamped, unsealed envelopes showing only the missing person's name. Nothing of value should be enclosed.

To try to locate an address in our records, we'll need the missing person's Social Security number or identifying information such as date and place of birth, father's name, and the mother's full birth name.

Unless a missing person is receiving benefits under a program Social Security administers, we would not have a home address for them. Usually, we forward a letter in care of the employer who most recently reported earnings for the person.

Requests for letter forwarding should be sent to: Social Security Administration, Letter Forwarding, P.O. Box 33022, Baltimore, MD 21290-3022.

Learn more about this service at www.socialsecurity.gov/foia/html/ltrfwding.htm.

Daniel Bowline is district manager for the Social Security Administration in Lufkin.