These definitions are critical in determining the scope and limitations of legal proceedings involving the Social Security Administration (SSA) and its employees.
https://www.ssa.gov/OP_Home/cfr20/403/403-0110.htm
The following definitions apply to this section:
Application: A written request for testimony that conforms to the requirements of § 403.120.
Employee: Includes any person employed in any capacity by SSA, currently or in the past, and any person appointed by, or subject to the supervision, jurisdiction, or control of SSA, the Commissioner of Social Security, or any other SSA official, currently or in the past. For purposes of this paragraph, a person subject to SSA’s jurisdiction or control includes any person hired as a contractor by SSA, any person performing services for SSA under an agreement, and any consultant or subcontractor of such person.
Commissioner: The Commissioner of Social Security or his or her designee(s).
Legal proceeding: Includes any pretrial, trial, and post-trial stage of any existing or reasonably anticipated judicial or administrative action, hearing, investigation, or similar proceeding before a court, commission, board, agency, or other tribunal, authority or entity, foreign or domestic. Legal proceeding also includes any deposition or other pretrial proceeding, including a formal or informal request for testimony by an attorney or any other person.
Record: Has the same meaning as “record” in 20 CFR 402.30.
Request: Any attempt to obtain the production, disclosure, or release of information, records, or the testimony of an SSA employee, including any order, subpoena, or other command issued in a legal proceeding as well as any informal or other attempt (by any method) by a party or a party’s representative.
SSA: The Social Security Administration.
Testimony: Any sworn statement (oral or written), including any statement provided through personal appearance, deposition, recorded interview, or provided by telephone, television, or videotape. Testimony also includes any response during discovery or other similar proceedings that would involve more than the mere physical production of records and any declaration made under penalty of perjury or any affidavit.
We or our: The Social Security Administration.
You or your: An individual or entity that submits a request for records, information, or testimony.
In conclusion, understanding the special definitions of § 403.110 is vital to any legal proceeding involving the SSA and its employees. As an advocate, it is essential to have a clear understanding of these definitions to effectively represent your clients and navigate the complex legal landscape.