[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR401.70]

[Page 12]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 401_PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION--Table 
of Contents
 
                        Subpart B_The Privacy Act
 
Sec. 401.70  Appeals of refusals to correct or amend records.

    (a) Which decisions are covered. This section describes how to 
appeal a decision made under the Privacy Act concerning your request for 
correction of a record or for access to your records, those of your 
minor child, or those of a person for whom you are the legal guardian. 
We generally handle a denial of your request for information about 
another person under the provisions of the FOIA (see part 402 of this 
chapter). This section applies only to written requests.
    (b) Appeal of refusal to amend or correct a record. (1) If we deny 
your request to correct a record, you may request a review of that 
decision. As discussed in Sec. 401.65(e), our letter denying your 
request will tell you to whom to write.
    (2) We will review your request within 30 working days from the date 
of receipt. However, for a good reason and with the approval of the 
Commissioner, or designee, this time limit may be extended up to an 
additional 30 days. In that case, we will notify you about the delay, 
the reason for it, and the date when the review is expected to be 
completed. If, after review, we determine that the record should be 
corrected, the record will be corrected. If, after review, we also 
refuse to amend the record exactly as you requested, we will inform 
you--
    (i) That your request has been refused and the reason;
    (ii) That this refusal is SSA's final decision;
    (iii) That you have a right to seek court review of this request to 
amend the record; and
    (iv) That you have a right to file a statement of disagreement with 
the decision. Your statement should include the reason you disagree. We 
will make your statement available to anyone to whom the record is 
subsequently disclosed, together with a statement of our reasons for 
refusing to amend the record. Also, we will provide a copy of your 
statement to individuals whom we are aware received the record 
previously.
    (c) Appeals after denial of access. If, under the Privacy Act, we 
deny your request for access to your own record, those of your minor 
child, or those of a person for whom you are the legal guardian, we will 
advise you in writing of the reason for that denial, the name and title 
or position of the person responsible for the decision, and your right 
to appeal that decision. You may appeal the denial decision to the 
Commissioner of Social Security, 6401 Security Boulevard, Baltimore, MD 
21235, within 30 days after you receive the notice denying all or part 
of your request, or, if later, within 30 days after you receive 
materials sent to you in partial compliance with your request. If we 
refuse to release a medical record because you did not designate a 
representative (Sec. 401.55) to receive the material, that refusal is 
not a formal denial of access and, therefore, may not be appealed to the 
Commissioner. If you file an appeal, either the Commissioner or a 
designee will review your request and any supporting information 
submitted and then send you a notice explaining the decision on your 
appeal. We must make our decision within 20 working days after we 
receive your appeal. The Commissioner or a designee may extend this time 
limit up to 10 additional working days if one of the circumstances in 20 
CFR 402.140 is met. We will notify you in writing of any extension, the 
reason for the extension, and the date by which we will decide your 
appeal. The notice of the decision on your appeal will explain your 
right to have the matter reviewed in a Federal district court if you 
disagree with all or part of our decision.