BASIC (09-91)

A. Introduction

A major reason for refusing to correct or amend a record is that documented evidence or characteristics particular to the case support the existing record.

B. Policy

A record cannot be changed unless the subject individual provides substantive evidence to support his or her request for correction or amendment.

C. Procedure

1. Documentary Evidence Contradicts Request

Advise the subject individual to contact the custodian regarding amendment of any public record he or she believes to be incorrect; e.g., a copy of a birth certificate.

EXAMPLE:

An SSI recipient alleges that his age is 68, rather than 67, the age proven by documentary evidence in file. Without evidence to support the recipient's allegation, refuse his request to amend the record. Allow him to file a statement of disagreement (see GN 03345.020) if he wishes to do so.

2. Refusal to Correct or Amend the Record

If the request for correction or amendment will be refused, advise the subject individual in writing of the following:

• Whether all or only part of his or her request is refused (advise individual of any correction or amendment that is made),

• The reason for refusing to correct or amend the record, and

• His or her right to a Privacy Act appeal review by the Commissioner of SSA.

3. Privacy Act Appeal of a Refusal to Correct or Amend a Record

If the subject individual wants further consideration of his or her request for correction or amendment, advise the individual that he or she may:

• Write directly to the Commissioner of SSA, or

• Ask the FO to assist him or her in preparing a written Privacy Act appeal requesting review by the Commissioner.