Understanding Section 401.65
https://www.ssa.gov/OP_Home/cfr20/401/401-0065.htm
Section 401.65 of the Social Security Administration (SSA) outlines the process for correcting or amending your record if you believe it is inaccurate, incomplete, irrelevant, or unnecessary. This section is applicable to all records kept by the SSA except for earnings records, which have a separate correction process outlined in 20 CFR 422.125. In this blog post, we will discuss the key points of Section 401.65 and the steps involved in requesting a correction.
- Requesting a Correction: To request a correction, you should write to the manager identified in the notice of systems of records which is published in the Federal Register. You can find this information in Section 401.40(c). The staff at any social security office can help you prepare the request. Be sure to submit any available evidence to support your request. Your request should indicate the system of records from which the record is retrieved, the particular record you want to correct or amend, whether you want to add, delete or substitute information in the record, and your reasons for believing that your record should be corrected or amended.
- Limitations of the Correction Process: The correction process cannot be used to alter, delete, or amend information that is part of a determination of fact or evidence received in the record of a claim in the administrative appeal process. Disagreements with these determinations are to be resolved through the SSA appeal process. You may, however, submit a statement on why you think certain information should be altered, deleted, or amended, and we will make this statement part of your file.
- Acknowledgment and Response: The SSA will acknowledge receipt of your correction request within 10 working days unless they can review and process the request and give an initial determination of denial or compliance before that time. If the record is wrong, the SSA will correct it promptly. If wrong information was disclosed from the record, the SSA will inform all those of whom they are aware that received that information that it was wrong and provide the correct information. If the record is correct, the SSA will inform you in writing of the reason why they refuse to amend your record and also inform you of your right to seek a review of the refusal and the name and address of the official to whom you should send your request for review.
- Record of Another Government Agency: If you request the SSA to correct or amend a record governed by the regulation of another government agency, such as the Office of Personnel Management or the Federal Bureau of Investigation, the SSA will forward your request to such government agency for processing and inform you in writing of the referral.
Conclusion:
Correcting your Social Security record is a straightforward process as long as you understand the requirements and limitations of Section 401.65. Remember that the correction process cannot be used to dispute determinations of fact or evidence received in the record of a claim in the administrative appeal process. However, you can still submit a statement on why you think certain information should be altered, deleted, or amended. If you need assistance with the correction process, the staff at any social security office can help you prepare the request.