TN 2 (07-95)

A. INTRODUCTION

The procedure to follow for receipt of a court order or subpoena is listed below.

B. PROCEDURE

1. Recipient not Specified

a. Member of Management

Accept a subpoena or court order that is not specifically addressed.

b. Other staff

If the process server will not wait and insists on serving the subpoena or court order on you, accept it.

2. Subpoena or Court Order Directed to HHS, SSA, etc.

Do not accept a subpoena or other compulsory process requiring disclosure of information if the document is directed to HHS, its Secretary, SSA, its Commissioner, or any Central Office (CO) official.

If an officer of the law attempts to serve such a document, inform the officer that you lack authority to accept the document. If the officer persists, consult the RCC through the ARC MOS or the Program Service Center (PSC) Director (in the field) or the Office of the General Counsel (OGC) (in CO).

3. Receipt by Mail

In the field, immediately contact the RCC through the ARC MOS regarding what to do with the subpoena or court order. In CO, contact OGC.

However, there are situations in FOs where your region may allow you to handle subpoenas and court orders directly (e.g., there is consent in file or an established regional policy). Consult with your ARC MOS for advice.

4. Records in Another Office

Do not try to transfer a subpoena or court order to another office; it remains binding on its stated recipient until disposed of. If you receive such a document and the records in question are in another location, obtain the records from the other office, even if the other office is normally the servicing office.

5. Receipt by a Teleservice Center (TSC)

Do not accept subpoenas or court orders unless specifically addressed to a TSC employee, because TSCs do not maintain written records. Refer the person delivering the subpoena or court order to the component which has the record (to the Office of Central Records Operations (OCRO) in cases involving earnings information or to the PSC or the Office of Disability and International Operations (ODIO) in cases involving claims folder material).

NOTE: If the subpoena has already been accepted in error, or is addressed to a TSC employee, the manager should follow the procedure in GN 03330.015B.1.

6. Center's for Medicare & Medicaid Services (CMS) Jurisdiction

For advice on acceptance of a subpoena or court order concerning Medicare information, call the CMS RO.

NOTE: Subpoenas for Medicare information should properly be directed to CMS or the CMS agent (e.g., carrier) that has the records.

7. Office of Disability Adjudication and Review (ODAR) Jurisdiction

If you receive a subpoena in the FO for information in a case that is under ODAR jurisdiction, consult with ODAR regarding disclosure. See GN 03103.190 through GN 03103.200.

If the case is at the ALJ level, consult the ALJ"s office for advice. For other ODAR cases, call the ODAR RO.

8. Disability Determination Service (DDS) Jurisdiction

For any matter under DDS jurisdiction, contact the RO Disability Programs Branch for advice.

9. Personnel Information

For advice regarding personnel information, call the ARC, Management and Budget, or the RO Human Resources Branch.

NOTE: Subpoenas for personnel data (e.g., employee payroll or medical data or accident reports) should properly be directed to the chief of the appropriate Personnel Operations Center.