Legal Question in Social Security Law in California
Privacy rights surrounding SSI financial review
I am having a problem filling out some forms I received from SSI in connection with a periodic financial review. Can you help clarify this situation for me?
I have a lot of problems with a form entitled ''Authorization for the Social Security Administration to obtain personal information,'' Form SSA-8510 (9-87)sent to me as part of a periodic SSI financial review. That form gives SSA blanket carte blanche permission to make inquiry with literally anyone on the planet about any aspect of my life no holds barred. It feels like a severe invasion of my privacy.
In addition on the reverse side is a statement--which I believe to be erroneous--justifying this broad sweeping access to everything personal about my life. The statement reads in part ''The Social Security Administration is authorized to collect the information on your consent form under sections 205(a) and 1631(e) of the Social Security Act...''
Can I be thrown off the system for (allegedly) not coooperating with SSA for doing that? Under what circumstances is SSA justified for throwing one off the system for non-cooperation? What are the parameters and/or definitions of non-cooperation? Where are those parameters/definitions found in CFRs and/or law or code?
1 Answer from Attorneys
Re: Privacy rights surrounding SSI financial review
A right to receive SSI is contingent upon certain rules one of which is not to have income or assets above a certain predetermined level.
The only way that the government (SSA) will be able to maintain checks and balances is through its' ability to verify what you say you have/own. Without your authorization/consent for SSA to do this verification, SSA will not be able to maintain this (SSI) program.
Although the intrusion appears to be substantial, so is the government's interest to prevent fraud. You can always choose not to allow the SSA into your private/financial life. However, asking the government to bear the cost is quiet unreasonable.
My .02 cents.
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