Annual FOIA Reports 08 - Social Security Administration
cdoran
068213
2010-01-14T19:32:16Z
2009-11-12T19:34:33Z
2010-01-15T16:53:44Z
JMD
11.9999
<_AdHocReviewCycleID dt:dt="float">-599347920
<_NewReviewCycle dt:dt="string">
<_EmailSubject dt:dt="string">WS: RE: GWSM13416/12032009/FW: Federal Agency 2008 Annual Reports in Excel format
<_AuthorEmail dt:dt="string">Cori.Ferraro@SMOJMD.USDOJ.gov
<_AuthorEmailDisplayName dt:dt="string">Ferraro, Cori
<_ReviewingToolsShownOnce dt:dt="string">
8445
11355
480
15
987
False
False
FREEDOM OF INFORMATION ACT (FOIA) ANNUAL REPORT FOR THE SOCIAL SECURITY ADMINISTRATION |
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IV. EXEMPTION 3 STATUTES |
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A. Exemption 3 Statutes Relied upon to Withhold Information |
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Statute |
Type of |
Case Citation |
Number of |
Total Number |
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Information |
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Times Relied |
of Times Relied |
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Withheld |
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upon per |
upon by Agency |
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Component |
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26 U.S.C. 6103 |
Tax information,
such as third-
party addresses"and employer’s
names and
addresses"
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Church of Scientology v. IRS, 484 U.S. 9, 15 (1987)(finding that IRS lawfully exercised discretion to withhold street addresses pursuant to 26 U.S.C. section 6103(m)(1)); |
80¹ |
80 |
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Aaron v. IRS, 973 F.2d 962, 964-65 (1st Cir. 1992) (finding that IRS lawfully exercised discretion to withhold street addresses pursuant to 26 U.S.C. section 6103(m)(1)); and, |
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Long v. IRS, 891 F. 2d 222, 224 (9th Cir. 1989) (holding that deletion of taxpayer’s identification does not alter confidentiality of section 6103 information). |
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The United States Supreme Court and most appellate courts that have considered the withholding of tax return information have held either explicitly or implicitly that section 6103 of the Internal Revenue Code satisfies subpart (B) of exemption 3.
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41 U.S.C. 423 |
Source selection information and independent government estimates for projests which have not yet been awarded
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Legal & Safety Employer Research, Inc. v. U.S. Dep’t of the Army, No. Civ. S001748, 2001 WL 34098652, at *3-4 (E.D. Cal. May 4, 2001) (dictum), (finding that the court is satisfied that 41 U.S.C. 423 is a nondisclosure statute under exemption 3, subsection B). |
1 |
1 |
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[1] This total includes the total number of times we applied Exemption 3 for initial requests and appeals. |
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SheetEnd
79
600
600
60
15
3
13
4
False
False
V. FOIA REQUESTS |
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A. Received, Processed and Pending FOIA Requests |
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Column 1 |
Column 2 |
Column 3 |
Column 4 |
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Number of Requests Pending as of Start of Fiscal Year |
Number of Requests Received in Fiscal Year |
Number of Requests Processed in Fiscal Year |
Number of Requests Pending as of End of Fiscal Year |
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AGENCY OVERALL |
1,060 |
31340 |
31,551 |
849 |
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600
600
3
3
8
7
False
False
B. (1) Disposition of FOIA Requests – All Processed Requests |
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Number
of
Full
Grants |
Number
of
Partial
Grants/
Partial
Denials |
Number of
Full Denials
Based on
Exemptions |
Number of Full Denials Based on Reasons Other than Exemptions |
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No
Records |
All Records Referred to Another Component or Agency |
Request
Withdrawn |
Fee-
Related
Reason |
Records
not
Reasonably
Described |
Improper
FOIA Request for Other Reason |
Not
Agency
Record |
Duplicate
Request |
Other
*Explain
in chart
below |
TOTAL |
AGENCY OVERALL |
26344 |
3085 |
1447 |
231 |
6 |
51 |
121 |
195 |
18 |
2 |
51 |
0 |
31551 |
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90
600
600
60
3
14
9
False
False
B. (3) Disposition of FOIA Requests – Number of Times Exemptions Applied |
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Ex
1 |
Ex.
2 |
Ex.
3 |
Ex.
4 |
Ex.
5 |
Ex.
6 |
Ex.
7(A) |
Ex.
7(B) |
Ex.
7(C) |
Ex.
7(D) |
Ex.
7(E) |
Ex.
7(F) |
Ex
8 |
Ex
9 |
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AGENCY OVERALL |
0 |
69 |
73 |
36 |
86 |
1549 |
8 |
0 |
18 |
1 |
0 |
0 |
0 |
0 |
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600
600
3
3
1
False
False
B. (2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) Chart |
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Description of “Other”
Reasons for Denials from
Chart B (1) & Number of
times those Reasons were
Relied Upon |
TOTAL |
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Agency Total |
Not Applicable |
0 |
600
600
3
11
2
False
False
VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF |
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FOIA REQUESTS |
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A. Received, Processed, and Pending Administrative Appeals |
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Column 1 |
Column 2 |
Column 3 |
Column 4 |
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Number of
Appeals Pending
as of Start of
Fiscal Year |
Number of
Appeals Received
in Fiscal Year |
Number of
Appeals
Processed in
Fiscal Year |
Number of
Appeals Pending
as of End of
Fiscal Year |
1 |
113 |
105 |
9 |
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-3
600
3
8
6
False
False
B. Disposition of Administrative Appeals – All Processed Appeals |
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Number Affirmed
on Appeal |
Number Partially
Affirmed &
Partially
Reversed/Remanded
on Appeal |
Number Completely
Reversed/Remanded
on Appeal |
Number of
Appeals Closed
for Other
Reasons |
TOTAL |
27 |
12 |
66² |
0 |
105 |
2 The number of appeal decisions we reversed includes cases where we reversed the decision because the requester provided |
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additional information required for us to disclose records. For example, requesters must provide proof of death when |
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requesting records on deceased individuals. If the requester provides acceptable proof of death on an appeal, we |
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reverse the decision and release the records. |
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-3
600
3
16
3
False
False
C. (1) Reasons for Denial on Appeal – Number of Times Exemptions Applied |
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Ex.
1 |
Ex.
2 |
Ex.
3 |
Ex.
4 |
Ex.
5 |
Ex.
6 |
Ex.
7(A) |
Ex.
7(B) |
Ex.
7(C) |
Ex.
7(D) |
Ex.
7(E) |
Ex.
7(F) |
Ex.
8 |
Ex.
9 |
0 |
3 |
8 |
1 |
3 |
20 |
0 |
0 |
4 |
0 |
0 |
0 |
0 |
0 |
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600
600
3
10
8
False
False
C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions |
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No |
Records |
Request |
Fee- |
Records |
Improper |
Not |
Duplicate |
Request |
Appeal |
Other |
Records |
Referred |
Withdrawn |
Related |
not |
Request |
Agency |
Request |
in |
Based Solely |
*Explain |
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at Initial |
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Reason |
Reasonably |
for Other |
Record |
or |
Litigation |
on Denial of |
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Request
Level |
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Described |
Reasons |
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Appeal |
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Request for
Expedited |
in chart
below |
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Processing |
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1 |
0 |
0 |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
600
600
3
17
5
False
False
C. (3) Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) Chart |
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Description of “Other” Reasons for Denial on |
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TOTAL |
Appeal from Chart C (2) & Number of Times |
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0 |
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Those Reasons Were Relied upon |
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600
600
3
11
4
False
False
C. (4) Response Time for Administrative Appeals |
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Median Number
of Days |
Average Number
of Days |
Lowest Number
of Days |
Highest Number
of Days |
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67 |
82 |
6 |
279 |
600
600
3
25
3
False
False
C. (5) Ten Oldest Pending Administrative Appeals |
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10th |
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Oldest |
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Oldest |
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Appeal |
9th |
8th |
7th |
6th |
5th |
4th |
3rd |
2nd |
Appeal |
Date of |
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Receipt of |
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Ten Oldest |
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2009-08-25T00:00:00.000 |
2009-08-24T00:00:00.000 |
2009-08-21T00:00:00.000 |
2009-08-21T00:00:00.000 |
2009-07-20T00:00:00.000 |
2009-06-26T00:00:00.000 |
2009-06-19T00:00:00.000 |
2009-06-10T00:00:00.000 |
2009-06-05T00:00:00.000 |
Appeals |
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Number of |
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Days |
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Pending |
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37 |
38 |
41 |
41 |
73 |
97 |
104 |
113 |
118 |
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600
600
3
21
6
False
False
VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS |
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A. Processed Requests – Response Time for All Processed Perfected Requests |
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SIMPLE |
COMPLEX |
EXPEDITED PROCESSING3 |
Median
Number
of Days |
Average
Number
of Days |
Lowest
Number
of Days |
Highest
Number
of Days |
Median
Number
of Days |
Average
Number
of Days |
Lowest
Number
of Days |
Highest
Number
of Days |
Median
Number
of Days |
Average
Number
of Days |
Lowest
Number
of Days |
Highest
Number
of Days |
AGENCY OVERALL4 |
11 |
17 |
1 |
256 |
61 |
77 |
2 |
387 |
N/A |
N/A |
N/A |
N/A |
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3 SSA grants expedited processing if it involves an imminent threat to a person’s life or physical safety; if a member of the media makes the request |
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to obtain information that the public has an urgent need to know and the records would cover an actual or an alleged Federal Government activity; or if |
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the individual explains in detail that he or she may be denied a legal right, benefit, or remedy without the requested information. |
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4 Our actual response time for processed and pending requests is lower than the highest number of days that we report here |
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because of a design issue with our case processing system. Although we complete processsing a case and send a response to the requester, |
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the case remains open in our system until we actually receive the processing fees for that case. During the year, some cases remained |
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open for quite some time even though we had full processed them. We have established a manual process to work around this issue until we are |
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able to implement system changes to actually close a case when we send the response. |
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88
600
600
60
1
3
27
10
False
False
B. Processed Requests – Response Time for Perfected Requests in Which Information Was Granted |
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SIMPLE |
COMPLEX |
EXPEDITED PROCESSING |
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Median
Number
of Days |
Average
Number
of Days |
Lowest
Number
of Days |
Highest
Number
of Days |
Median
Number
of Days |
Average
Number
of Days |
Lowest
Number
of Days |
Highest
Number
of Days |
Median
Number
of Days |
Average
Number
of Days |
Lowest
Number
of Days |
Highest
Number
of Days |
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AGENCY OVERALL5 |
25 |
9 |
2 |
189 |
60 |
78 |
3 |
387 |
N/A |
N/A |
N/A |
N/A |
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5 See footnote 4 |
600
600
3
13
False
False
C. Processed Requests – Response Time in Day Increments |
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Simple Requests |
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1-20
Days |
21-40
Days |
41-60
Days |
61-80
Days |
81-100
Days |
101-120
Days |
121-
140
Days |
141-
160
Days |
161-
180
Days |
181-
200
Days |
201-
300
Days |
301-
400
Days |
401+
Days |
TOTAL |
AGENCY OVERALL6 |
24386 |
3234 |
332 |
498 |
747 |
498 |
166 |
332 |
664 |
164 |
0 |
0 |
0 |
31021 |
Complex Requests |
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1-20
Days |
21-40
Days |
41-60
Days |
61-80
Days |
81-100
Days |
101-120
Days |
121-
140
Days |
141-
160
Days |
161-
180
Days |
181-
200
Days |
201-
300
Days |
301-
400
Days |
401+
Days |
TOTAL |
AGENCY OVERALL |
99 |
93 |
85 |
76 |
40 |
38 |
29 |
22 |
16 |
19 |
12 |
1 |
0 |
530 |
Requests Granted Expedited Processing |
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1-20
Days |
21-40
Days |
41-60
Days |
61-80
Days |
81-100
Days |
101-120
Days |
121-140
Days |
141-160
Days |
161-180
Days |
181-200
Days |
201-300
Days |
301-400
Days |
401+
Days |
TOTAL |
AGENCY OVERALL |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
6 See footnote 4 |
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99
600
600
60
3
3
21
5
False
False
D. Pending Requests – All Pending Perfected Requests |
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SIMPLE |
COMPLEX |
EXPEDITED
PROCESSING |
Number
Pending |
Median
Number
of Days |
Average
Number
of Days |
Number
Pending |
Median
Number
of Days |
Average
Number
of Days |
Number
Pending |
Median
Number
of Days |
Average
Number
of Days |
AGENCY OVERALL7 |
798 |
40 |
69 |
51 |
52 |
35 |
N/A |
N/A |
N/A |
7 See footnote 4. |
600
600
3
18
10
False
False
E. Pending Requests – Ten Oldest Pending Perfected Requests |
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10th
Oldest
Request
and
Number
of Days
Pending |
9th |
8th |
7th |
6th |
5th |
4th |
3rd |
2nd |
Oldest
Request
and
Number
of Days
Pending |
AGENCY OVERALL |
6/12/09
76 |
6/12/09
76 |
6/12/09
76 |
6/11/09
77 |
6/10/09
79 |
6/10/09
79 |
6/10/09
79 |
6/5/09
81 |
6/5/09
81 |
6/5/09
81 |
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600
600
3
13
11
False
False
VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER |
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A. Requests for Expedited Processing |
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Number
Granted |
Number
Denied |
Median
Number of
Days to
Adjudicate |
Average
Number of
Days to
Adjudicate |
Number
Adjudicated
Within Ten
Calendar Days |
AGENCY OVERALL |
0 |
25 |
4 |
5 |
25 |
600
600
3
4
1
False
False
B. Requests for Fee Waiver |
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Number
Granted |
Number
Denied |
Median
Number of
Days to
Adjudicate |
Average
Number of
Days to
Adjudicate |
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AGENCY OVERALL |
40 |
62 8 |
27 |
38 |
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8 We review requests for fee waivers on a case-by-case basis. Only the SSA FOI Officer may waive or reduce a fee (in excess |
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of $7.50). We usually grant a fee waiver when it has been determined that furnishing the information will primarily benefit the |
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general public. We normally grant fee waivers from members of the media and educational and scientific institutions when |
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there is limited search time or duplication involved with the request. |
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600
600
3
6
6
False
False
IX. FOIA PERSONNEL AND COSTS |
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PERSONNEL COSTS |
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Number of |
Number of |
Total |
Processing |
Litigation- |
Total Costs |
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“Full-Time |
“Equivalent |
Number of |
Costs |
Related |
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FOIA |
Full-Time |
“Full-Time
FOIA |
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Costs |
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Employees” |
FOIA
Employees” |
(At initial
request and
appeal levels) |
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Staff” |
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(The sum
of |
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Columns |
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1 & 2) |
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AGENCY |
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|
OVERALL |
15 |
84 |
99 |
5636099 |
35723 |
5671822 |
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600
600
3
2
6
False
False
X. FEES COLLECTED FOR PROCESSING REQUESTS |
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|
Total Amount of Fees
Collected |
Percentage of Total Costs |
|
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AGENCY OVERALL |
$4,179,583.00 9 |
74 |
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9 Because of system enhancements and reporting changes we implemented in FY 2009, this total no longer includes fees |
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we collected from our first-party requests. Most of the fees we collect for earnings records and SSN verifications are |
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based on a separate provision for fee charging in section 1106 (c ) of the Social Security Act (42 U.S.C. §1306(c ) ), rather |
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than FOIA fee provisions. |
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600
600
3
16
4
False
False
XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS |
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A. Backlogs of FOIA Requests and Administrative Appeals |
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|
Number of Backlogged
Requests as of End of
Fiscal Year |
Number of Backlogged
Appeals as of End of
Fiscal Year |
|
|
|
AGENCY OVERALL |
90 |
9 |
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81
600
600
60
3
5
4
False
False
B. Consultations on FOIA Requests – Received, Processed, and Pending Consultations |
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|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|
Number of Consultations Received from Other Agencies that were Pending as of Start of the Fiscal Year |
Number of Consultations
Received from
Other Agencies
during the Fiscal Year |
Number of Consultation
Received from Other
Agencies that were
Processed during
the Fiscal Year |
Number of Consultations
Received from Other
Agencies that were
Pending as of End of
the Fiscal year |
AGENCY OVERALL |
0 |
0 |
0 |
0 |
600
600
3
5
2
False
False
C. Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency |
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AGENCY
OVERALL |
10th Oldest
Consultation
and Number
of Days
Pending |
9th |
8th |
7th |
6th |
5th |
4th |
3rd |
2nd |
Oldest
Consultation
and Number
of Days
Pending |
Date
Number of
Days |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
600
600
3
5
3
False
False
D. Comparison of Numbers of Requests from Previous and Current Annual Report – Requests Received, Processed, and Backlogged |
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Column 1 |
Column 2 |
Column 3 |
Column 4 |
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NUMBER OF REQUESTS RECEIVED |
NUMBER OF REQUESTS PROCESSED |
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|
Number Received
During Fiscal Year
from Last Year's
Annual Report |
Number Received
During Fiscal Year
from Current
Annual Report |
Number Processed
During Fiscal Year
from Last Year's
Annual Report |
Number Processed
During Fiscal Year
from Current
Annual Report |
AGENCY OVERALL |
34444 |
31340 |
34666 |
31551 |
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|
Number of Backlogged Requests
as of End of the Fiscal Year from
Previous Annual Report |
Number of Backlogged Requests
as of End of the Fiscal Year from
Current Annual Report |
|
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|
AGENCY OVERALL |
147 |
90 |
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600
600
3
3
14
3
False
False
E. Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeals Received, Processed, and Backlogged |
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Column 1 |
Column 2 |
Column 3 |
Column 4 |
|
NUMBER OF APPEALS RECEIVED |
NUMBER OF APPEALS PROCESSED |
Number Received
During Fiscal Year
from Last Year's
Annual Report |
Number Received
During Fiscal Year
from Current
Annual Report |
Number Processed
During Fiscal Year
from Last Year's
Annual Report |
Number Processed
During Fiscal Year
from Current
Annual Report |
AGENCY OVERALL |
52 |
113 |
74 |
105 |
|
Column 1 |
Column 2 |
|
Number of Backlogged Appeals
as of End of the Fiscal Year from
Previous Annual Report |
Number of Backlogged Appeals as
of End of the Fiscal Year from
Current Annual Report |
AGENCY OVERALL |
1 |
9 |
93
600
600
60
3
13
4
False
False
F. |
Discussion of Other FOIA Activities (Optional) |
|
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|
|
-3
600
3
14
11
False
False