Vocational Rehabilitation Reimbursement Case Processing System, Social Security Administration, Office of Employment and Income Support Programs

Effective Date: January 11, 2006

(71 F.R. 1840)

SOCIAL SECURITY ADMINISTRATION NOTICE OF SYSTEM OF RECORDS REQUIRED BY THE PRIVACY ACT OF 1974

SYSTEM NUMBER: 60-0221

System name:

    Vocational Rehabilitation Reimbursement Case Processing System, Social Security Administration, Office of Employment and Income Support Programs.

Security classification:

    None.

System Location:

            Social Security Administration

          Office of Employment and Income Support Programs

          6401 Security Boulevard

          Baltimore, MD 21235

          Social Security Administration

          Office of Systems

          6401 Security Boulevard

          Baltimore, MD 21235

    In addition, reimbursement claims documents may be temporarily transferred to other locations within the Social Security Administration (SSA). Contact the system manager at the address below to inquire about these addresses.

Categories of individuals covered by the system:

    This system maintains information on disabled and blind individuals who received vocational rehabilitation (VR) services for which State VR agencies (VRA) or alternate participants seek reimbursement under sections 222(d) and 1615(d) of the Social Security Act because the individuals were entitled/eligible to Social Security benefits and/or

Supplemental Security Income (SSI) payments based on disability or blindness while receiving those VR services.

    The individuals described above will be included in the system when they:

    (1) Performed substantial gainful activity (SGA) for a continuous period of at least 9 months as a result of VR services received or;

    (2) Medically recovered while in a VR program and continued to receive cash payments under section 225(b) and/or 1631(a)(6) of the Social Security Act; or

    (3) Refused, without good cause, to continue or to cooperate in a VR program in such a way as to preclude their successful rehabilitation; and

    (4) State VR agencies or alternate participants filed claims for reimbursement of the cost of VR services rendered to the individuals. (An alternate participant is a public or private agency, organization, institution, or individual which the Commissioner of Social Security may use to provide VR services to disabled and blind beneficiaries/recipients within a State if that State is unwilling to participate in the SSA-VR Program or does not have an approved plan for VR services.)

Categories of in the system:

    Data in the system consist of:

     Identifying information such as the VR client's name, Social Security number (SSN), disability diagnosis, sex and date of birth;

     The SSN and identification code under which the VR client received Social Security benefits/SSI payments;

     The type of benefits/payments received; the monthly benefit/payment amount;

     Information relating to the period he/she was entitled/eligible to benefits/payments and, if benefits/payments were terminated or suspended, the basis for termination/suspension;

     Information relating to his/her yearly earnings and employment;

     Information relating to the period he/she received VR services and the nature and costs of those services; and

     Information required to determine if and when he/she:

     Performed SGA for a continuous period of at least 9 months based on services the State VRA or alternate participant provided;

     Medically recovered while in a VR program and continued to receive cash payments under section 225(b) and/or 1631(a)(6) of the Social Security Act; or

     Refused, without good cause, to continue or to cooperate in a VR program in such a way as to preclude his/her successful rehabilitation.

Authority for maintenance of the system:

    Sections 222(d) and 1615(d) of the Social Security Act (42 U.S.C. 422 and 1382d).

Purpose(s):

    Data in this system will be used to determine if a State VR agency or alternate participant can be reimbursed for the costs of VR services provided to individuals while they were entitled/eligible to Social Security benefits or SSI payments based on disability or blindness. Data also will be used for program evaluation purposes and to determine what types of individuals are being successfully rehabilitated so that Social Security beneficiaries/SSI recipients with similar profiles are targeted for rehabilitation. In some instances, information furnished by a VR agency or alternate participant may be used as a lead in determining if an individual's disability/blindness payments should continue.

Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

    Disclosure may be made for routine uses as indicated below.

    1. To a State vocational rehabilitation agency or alternate participant regarding the basis for SSA's decision on its claim for reimbursement and the reason(s) costs were allowed or denied.

    2. To the Department of Justice (DOJ), a court or other tribunal, or to another party before such tribunal, when:

    (a) The Social Security Administration (SSA), or any component thereof; or

    (b) Any SSA employee in his/her official capacity; or

    (c) Any SSA employee in his/her individual capacity where DOJ (or SSA, where it is authorized to do so) has agreed to represent the employee; or

    (d) The United States or any agency thereof where SSA determines that the litigation is likely to affect SSA or any of its components, is a party to litigation or has an interest in such litigation, and SSA determines that the use of such records by DOJ, a court or other tribunal, or another party before the tribunal, is relevant and necessary to the litigation, provided, however, that in each case, SSA determines that such disclosure is compatible with the purpose for which the records were collected.

    3. To a congressional office in response to an inquiry from that office made at the request of the subject of the record.

    4. To the General Services Administration and the National Archives Records Administration (NARA) under 44 U.S.C. 2904 and 2906, as amended by the NARA Act of 1984, information which is not restricted from disclosure by Federal law for the use of those agencies in conducting records management studies.

    5. To contractors or other Federal agencies, as necessary, for the purpose of assisting the Social Security Administration (SSA) in the efficient administration of its programs. We will disclose information under this routine use only in situations in which SSA may enter into a contractual or similar agreement with a third party to assist in accomplishing an Agency function relating to this system of records.

    6. To the Internal Revenue Service, for the purpose of auditing the Social Security Administration's compliance with safeguard provisions of the Internal Revenue Code of 1986, as amended.

    7. To the Rehabilitation Service Administration (RSA) for use in its program studies and development of enhancements for, State vocational rehabilitation programs to which applicants or beneficiaries under Titles II and/or XVI of the Social Security Act may be referred. Data released to RSA will not include any personally identifying information such as names or Social Security numbers.

    8. To student volunteers, individuals working under a personal services contract, and other workers who technically do not have the status of Federal employees, when they are performing work for the Social Security Administration (SSA), as authorized by law, and they need access to personally identifiable information in SSA records in order to perform their assigned Agency functions.

    9. To the Secretary of Health and Human Services or to any State, the Commissioner shall disclose any record or information requested in writing by the Secretary for the purpose of administering any program administered by the Secretary, if records or information of such type were so disclosed under applicable rules, regulations and procedures in effect before the date of enactment of the Social Security Independence and Program Improvements Act of 1994.

   10.  We may disclose information to appropriate Federal, State, and local agencies, entities, and persons when (1) we suspect or confirm that the security or confidentiality of information in this system of records has been compromised; (2) we determine that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs of SSA that rely upon the compromised information; and (3) we determine that disclosing the information to such agencies, entities, and persons is necessary to assist in our efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. SSA will use this routine use to respond only to those incidents involving an unintentional release of its records.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

Storage:

    Records will be stored in magnetic media (e.g., computer disc packs) and, on a temporary basis, in paper form.

Retrievability:

    Data will be retrieved from the system by the SSN of the individual who received VR services for which the State VRA or alternate participant filed the reimbursement claim.

Safeguards:

    Safeguards for automated data have been established in accordance with the Systems Security Handbook. This includes maintaining computer disc packs or other magnetic files with personal identifiers in secured storage areas accessible only to authorized personnel. SSA employees having access to the computerized records and employees of any contractor who may be utilized to develop and maintain the software for the automated system will be notified of criminal sanctions for unauthorized disclosure of information about individuals. Also, contracts with third parties, if any, will contain language which delineates the conditions under which contractors will have access to data in the system and what safeguards must be employed to protect the data.

    Manually maintained data will be stored in either lockable file cabinets within locked rooms or otherwise secured areas. Access to these records will be restricted to those employees who require them to perform their assigned duties. Access http://www.socialsecurity.gov/foia/bluebook/app_g.htm for additional information relating to SSA data security measures.

Retention and disposal:

    Computerized records and manual data (claim applications, keyed claim forms, etc.) used in the VR claims reimbursement process will be maintained for a period of 6 years, 3 months, after the close of the fiscal year in which final adjudication was made. Means of disposal will be appropriate to the storage medium (e.g., erasure of discs, shredding of paper records, or transfer to another system of records).

System manager(s) and address(es):

            Associate Commissioner

          Office of Employment and Income Support Programs

          Social Security Administration

          6401 Security Boulevard

          Baltimore, MD 21235

Notification procedures:

    An individual can determine if this system contains a record about him/her by writing to the system manager(s) at the above address and providing his/her name, SSN or other information that may be in the system of records that will identify him/her. An individual requesting notification of records in person should provide the same information, as well as provide an identity document, preferably with a photograph, such as a driver's license or some other means of identification. If an individual does not have any identification documents sufficient to establish his/her identity, the individual must certify in writing that he/she is the person claimed to be and that he/she understands that the knowing and willful request for, or acquisition of, a record pertaining to another individual under false pretenses is a criminal offense.

    If notification is requested by telephone, an individual must verify his/her identity by providing identifying information that parallels information in the record to which notification is being requested. If it is determined that the identifying information provided by telephone is insufficient, the individual will be required to submit a request in writing or in person. If an individual is requesting information by telephone on behalf of another individual, the subject individual must be connected with SSA and the requesting individual in the same phone call. SSA will establish the subject individual's identity (his/her name, SSN, address, date of birth and place of birth, along with one other piece of information, such as mother's maiden name) and ask for his/her consent in providing information to the requesting individual.

    If a request for notification is submitted by mail, an individual must include a notarized statement to SSA to verify his/her identity or must certify in the request that he/she is the person claimed to be and that he/she understands that the knowing and willful request for, or acquisition of, a record pertaining to another individual under false pretenses is a criminal offense. These procedures are in accordance with SSA Regulations (20 CFR 401.40(c)).

Record access procedures:

    Same as Notification procedures. Also, a requester should reasonably identify and specify the information he/she is attempting to obtain. These procedures are in accordance with SSA Regulations (20 CFR 401.40(c)).

Contesting data procedures:

    Same as Notification procedures. Also, an individual contesting data in the system should identify the data, specify the information he/she is contesting and the corrective action sought, and the reasons for the correction, with supporting justification showing how the record is incomplete, untimely, inaccurate, or irrelevant. These procedures are in accordance with SSA Regulations (20 CFR 401.65(a)).

Record source categories:

    Data in this system will be derived in part from other SSA systems of records such as the Earnings Record and Self-Employment Income System, 60-0059, Claims Folder System, 60-0089, Master Beneficiary Record, 60-0090, and the Supplemental Security Income Record and Special Veterans Benefits, 60-0103; the reimbursement applications submitted by State VR agencies or alternate participants; earnings information provided by the wage-earner/beneficiary; and investigations conducted by SSA and State VR agencies field employees which relate to a VR client's post-VR work activity, participation in a VR program after medical recovery, and/or reason(s) for failing to cooperate in a VR program.

Systems exempted from certain provisions of the Privacy Act:

    None.