Representative Payee/Misuse Restitution Control System (RP/MRCS), Office of the Deputy Commissioner for Disability and Income Security Programs, Associate Commissioner for Income Security Programs

Effective Date: March 15, 2005

(70 F.R. 12774)

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

System number: 60-0318

System name:

Representative Payee/Misuse Restitution Control System (RP/MRCS), Office of the Deputy Commissioner for Disability and Income Security Programs, Associate Commissioner for Income Security Programs.

Security classification:

None.

System location:

Associate Commissioner for Income Security Programs

Social Security Administration

6401 Security Boulevard

Baltimore, Maryland 21235-6401

Categories of individuals covered by the system:

This system maintains information about representative payees that have misused benefits and beneficiaries/recipients whose benefits have been misused.

Categories of records in the system: 

Data in this system consist of:

-names, mailing address, location address, phone number, employee identification number (EIN)/Social Security number (SSN), and identification number of representative payees;

-names, SSNs or other cross-referenced account numbers, the program in which the misuse occurred (Title II or Title XVI), current address, payment status, misuse amount, misuse determination date, misuse start date, misuse end date and SSA negligence code (Y or N) of beneficiaries/recipients; and

-the original amount refunded by payee, original amount restored by SSA, new amount refunded by payee, new amount restored by SSA, case outcome and completion date.

Authority for maintenance of the system:  The Social Security Protection Act of 2004 (Public Law 108-203); Section 205(j)(5) of the Social Security Act; (42 U.S.C.

§ 405(j)(5)).

Purpose(s):

Information in this system will assist SSA in investigating certain representative payee misuse cases going back to January 1, 1995, to determine whether the beneficiary has been repaid by either SSA or the representative payee.  The information in this system will also be used to control completion of cases and to provide details about how the case was resolved. 

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

Disclosure may be made for routine uses as indicated below.  However, disclosure of any information defined as “return” or “return information” under 26 U.S.C. § 6103 of the Internal Revenue Code will not be made unless authorized by a statute, the Internal Revenue Service (IRS) or IRS regulations.

1.  To the Office of the President for the purpose of responding to an individual pursuant to an inquiry received from that individual or from a third party on his or her behalf.

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

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

a)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 the operations of SSA or any of its components, is 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 such 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.

4.  Disclosure may be made for routine uses as indicated below.  However, disclosure of any information defined as “return” or “return information” under 26 U.S.C. § 6103 of the Internal Revenue Code will not be made unless authorized by a statute, the Internal Revenue Service (IRS) or IRS regulations.

5.  To contractors and other Federal agencies, as necessary, for the purpose of assisting SSA in the efficient administration of its programs.  We contemplate disclosing 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 student volunteers, individuals working under a personal services contract, and other individuals performing functions for SSA, but technically not having the status of Agency employees if they need access to the records in order to perform their assigned Agency functions.

7.  Non-tax return information which is not restricted from disclosure by Federal law may be disclosed to the General Services Administration (GSA) and the National Archives and Records Administration (NARA) under 44 U.S.C. § 2904 and § 2906, as amended by NARA Act of 1984, for the use of those Agencies in conducting records management studies.

8.  To Federal, State, and local law enforcement agencies and private security contractors, as appropriate, information necessary:

To enable them to protect the safety of SSA employees and the public, the security of the SSA workplace, the operation of SSA facilities, or to assist investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupt the operation of SSA facilities.

** 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 in this system are maintained electronically.

Retrievability:

Records in this system will be retrieved by the name, SSN or EIN of the representative payee, or name or SSN of the beneficiary/recipient.

Safeguards:

Security measures include the use of access codes to enter the computer system which will maintain the data and the storage of computerized records in secured areas which are accessible only to employees who require the information in performing their official duties.  SSA employees who have access to the data will be informed of the criminal penalties of the Privacy Act for unauthorized access to, or disclosure of, information maintained in the system.  See 5 U.S.C. § 552a(i)(1).

Contractor personnel having access to data in the system of records will be required to adhere to SSA rules concerning safeguards, access and use of the data.

Retention and disposal: 

Misuse data and contact information about misusers (payees) will be populated into RP/MRCS via a flat file produced by the Office of Systems from the Representative Payee System (RPS) using the criteria specified by section 205(j) of the Social Security Act.  This flat file will also contain current beneficiary contact data from the Master Beneficiary Record and/or the Supplemental Security Income Record.

Once the data is loaded into RP/MRCS, field offices will develop the status of repayment of each misuse event and post resolution information.  Management information regarding cases pending and cleared will be collected and reported, as will information about case resolution.

Data collected during the course of an RP/MCRS action is stored in a database on the Dallas Regional Office’s Windows servers.  Only a limited number of new records (those that were not recorded on RPS) will be added to the database.  RP/MRCS will cover only misuse events related to the closed period of January 1, 1995, through the initial population of the database from SSA’s Representative Payee System in April 2004.

Records in the system will be retained for 12 months after the final data are posted and then they will be archived.

System manager(s):

Associate Commissioner for Income Security Programs

Social Security Administration

6401 Security Boulevard

Baltimore, Maryland 21235-6401

Notification procedure(s):

An individual can determine if this system contains a record about him/her by writing to the systems 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. (20 C.F.R. § 401.40).

If notification is requested by telephone, an individual must verify his/her identity by providing identifying information that parallels 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. (20 C.F.R. § 401.45)

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 C.F.R. § 401.45).

Record access procedure(s):

Same as Notification procedures.  Requesters also should reasonably specify the record contents they are seeking.  These procedures are in accordance with SSA Regulations (20 C.F.R. § 401.40).

Contesting record procedure(s): 

Same as Notification procedures.  Requesters should also reasonably identify the record, specify the information they are contesting, and state the corrective action sought and the reasons for the correction with supporting justification showing how the record is untimely, incomplete, inaccurate, or irrelevant.  These procedures are in accordance with SSA Regulations (20 C.F.R. § 401.65).

Record source categories:

Information in this system of records is obtained from existing systems of records such as the Claims Folder System, 60-0089, Master Beneficiary Record, 60-0090,  Supplemental Security Income Record and Special Veterans Benefits, 60-0103 and the Master Representative Payee File, 60-0222.

Systems exempt from certain provisions of the Privacy Act:

None.