Understanding Your Right to Access Your Records: A Guide to Requesting Your Social Security Administration Records

§ 401.40. How to get your own records.

https://www.ssa.gov/OP_Home/cfr20/401/401-0040.htm

Section §401.40 outlines the process for an individual to request notification of or access to any record about themselves that is in an SSA system of records. The section specifies that a person may ask for information about themselves or someone for whom they are a parent or legal guardian. The person must specify the systems of records they wish to have searched and provide sufficient identifying information about the record they want. The person may be charged for the cost of making copies of the records, but the SSA will estimate the cost before beginning the search and will notify the person if the actual cost exceeds the estimate.

This section is about your right to access and obtain information about yourself that is held in the Social Security Administration (SSA) system of records. This includes information such as your Social Security number, earnings history, and benefit entitlements.

If you want to request access to your records, you can visit your local social security office or write to the manager of the SSA system of records. You need to provide enough identifying information about the record you want to enable the SSA to find your particular record, including the system of records in which the record is located and the name and social security number (or other identifier) under which the record is filed.

You may also be accompanied by another individual of your choice when you request access to a record in person, provided that you affirmatively authorize the presence of such other individual during any discussion of a record to which you are requesting access.

It’s important to note that you cannot request all records, all information, or similar blanket requests, and the SSA may require you to put your request in writing if you are making your request in person. The necessary particulars to enable the SSA to distinguish between records on individuals with the same name are set forth in the notices of systems of records which are published in the Federal Register.

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