Authorization for the social security administration to release information

Availability

Link: http://www.ssa.gov/online/ssa-3288.pdf

Instructions

Updated: 4/2002

Note: Instructions for Medicaid Eligibility and Texas Works are listed separately below.

MEDICAID ELIGIBILITY INSTRUCTIONS

INTRODUCTION

On August 22, 1996, Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, was enacted. Under this new law only certain excepted classes of qualified aliens are eligible for supplemental security income (SSI) and food stamps. This exception involves aliens who are lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act and who have worked or can be credited with 40 qualifying quarters (QQ). Under certain conditions, the QQs of parents or spouses can be added to the alien's record to achieve the needed 40 QQs. The Social Security Administration (SSA) is the primary source for information on QQs and provides this information via the Wire Third Party Query (WTPY) automated system, only after a Consent for Release of Information (SSA-3288) is completed and signed.

PURPOSE

After determining which Social Security numbers are needed to request QQs histories on, the Consent for Release of Information forms (SSA-3288) must be obtained. Federal regulations mandate that a Consent for Release of Information (SSA-3288) must be completed and signed, before requesting the 40 qualifying quarters of coverage information for the applicant/recipient, the parent(s) and/or spouse.

A Consent for Release of Information (SSA-3288) must be signed by each individual whose work history will be used to establish the 40 quarters of coverage information. However, a consent form is not needed when requesting information on a deceased individual's Social Security Number.

Important: If someone refuses to cooperate and will not complete the consent form, do not request the 40 QQs information. SSA cannot and will not provide the information. A signed SSA-3288 must be obtained and is necessary because these records are protected by the Privacy Act.

PROCEDURE

Form Retention

Do not send the completed SSA-3288 to SSA. The forms must be retained in the case folder. SSA will request to see these forms as part of their annual security audit of the Texas Department of Human Services or if a question is raised.

How to Complete the SSA-3288

This consent form (SSA-3288) must be completed and signed only by:

  • the person to whom the information or record applies, or
  • the parent or legal guardian of a minor to whom the nonmedical information applies, or
  • the legal guardian of a legally incompetent adult to whom the information applies.

Note: Do not use the SSA-3288 to request information about earnings or employment history.

DETAILED INSTRUCTIONS

Complete the shaded items only:

  • fill in the name, date of birth, and Social Security Number of the person to whom the information applies;
  • fill in the name and address of the Texas Department of Human Services, and the name of the client/applicant;
  • fill in the reason for requesting the information;
  • check the following type(s) of information:
    • Social Security Number;
    • identifying information (includes date and place of birth, parents' names);
    • other (specify): Quarters of Coverage History (a qualifying quarter cannot be credited before 1937);
  • have the individual sign and date the form; and
  • fill in Relationship (to the client/applicant).

TEXAS WORKS INSTRUCTIONS

PURPOSE

To obtain an individual's consent for DHS to submit a request to SSA for verification of 40 quarters of earnings.

PROCEDURE

When to Prepare

Worker must complete the form for each person for whom verification of 40 quarters if being requested.

Form Retention

Retain the original signed form in the case folder until no longer needed.

DETAILED INSTRUCTIONS

Enter the name, date of birth, and Social Security number of the person for whom 40 quarter information is requested. Exception: No signature is required if the spouse or parent is deceased.

Workers must ensure that a signature is obtained for each person for whom a consent form is completed.

Alternative Signature Processes for Form SSA-827 -- "Authorization to Disclose Information to the Social Security Administration (SSA)"

Since 2012, individuals filing for Social Security disability benefits on their own behalf have had alternative ways to sign and submit their Authorization to Disclose Information to the Social Security Administration (Form SSA-827).  Adults filing online now can use a click-and-sign process, while those filing by telephone or in person can use our attestation process to sign and submit their SSA-827.

Beginning August 2013, the attestation process used for adult telephone and in person claims is also available for some disability claims filed for children. Children filing a claim on their own behalf or individuals with legal authority to act on behalf of a child can use our attestation process to sign and submit the SSA-827 when filing by telephone or in person. This does not apply to children age 12 or old who are still considered a minor under state law.

How do these processes work?

As part of the disability application process, claimants have the option to sign the SSA-827 using click-and-sign (adult internet claims only), or using our attestation process (adult and some child telephone and in person claims).  In both the click-and-sign and attestation processes, once the form is signed, it is transmitted and saved directly to Social Security's systems.  This transmission eliminates the need for applicants to print, sign, and mail (or deliver) a paper copy of the form to a Social Security office.  Our application process includes steps to verify the identity of the signer, and we continue to protect the information and records we receive.  When filing online, applicants can print a copy of the signed SSA-827 for their records.  For those filing by telephone or in a Social Security office, we will provide a copy of the signed SSA-827.

 What are the benefits of these processes?

By offering applicants new options to sign and submit the SSA-827, we improve our process and provide better service to our customers.  Social Security estimates that, on average, this reduces disability application processing time by nine days on cases filed online or by telephone, resulting in applicants receiving much needed medical insurance coverage and cash benefits sooner.   Applicants filing over the internet also benefit from a streamlined process that allows for the online submission of all parts of their disability application. 

 I am applying for disability benefits. How does this affect me?

If you are an adult applying for disability benefits on your own behalf, once you have read the SSA-827 and intend to authorize disclosure to Social Security, you will have the opportunity to sign the form more efficiently as part of your disability application, whether you are applying over the telephone, in person, or online. 

 If you are filing for childhood disability benefits by telephone or in person, you may now have the opportunity to sign the SSA-827 more efficiently as part of the disability application process.

By signing the SSA-827 using one of our new processes, you will not have to print, sign, and mail (or deliver) a paper copy of the form to a Social Security office.  This means that we can begin processing the disability claim sooner.  

I provide Social Security with patient or student records. How does this affect me?

You will continue to receive a signed SSA-827 with each of Social Security’s requests for records.  There is no change to the current HIPAA-compliant SSA-827 form you are already accepting.  In the completed signature block, you may see an indication that the applicant signed using our new processes.  You may see the name of the Social Security employee in the witness block if your patient applied for disability benefits by telephone or in a Social Security office. The only new thing is the method used to sign the form.   

By accepting the signed authorization, you are helping to speed up the application process, which can result in patients getting quicker access to cash benefits and medical insurance coverage under Medicare and Medicaid, which in turn may decrease the number of uninsured and underinsured patients you serve.

In addition to these new processes for signing authorizations, we will continue with the paper (pen and ink signatures) process, so you will continue to see traditional pen-and-ink signed 827s.

I am filing a disability appeal.  How does this affect me?

If you are an adult filing a disability appeal on your own behalf, once you have read the SSA-827 and intend to authorize disclosure to Social Security, you will have the opportunity to sign the form more efficiently as part of your disability appeal, whether you are filing over the telephone, in person, or online.  If you are filing an appeal in connection with a claim for childhood disability benefits, you may now have the opportunity to sign the SSA-827 more efficiently whether you are filing over the telephone or in person. 

By signing the SSA-827 using one of our new processes, you will not have to print, sign, and mail (or deliver) a paper copy of the form to a Social Security office.  This means that we can begin processing your disability appeal sooner.

Frequently Asked Questions regarding the Signature Processes

How do Social Security's signature processes meet the requirements for a valid authorization under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule?

What steps does SSA take to verify identity of the signer?

How does Social Security protect the information that it gets from health care providers?

Is a disclosure to Social Security safe?

Why is Social Security using an employee attestation process for Form SSA-827 when individuals apply for disability benefits by telephone or in a Social Security office?

Organizations that are helping us spread the word about our new signature processes

Department of Defense (DoD): Reliance on a Signature on Form SSA-827 when Disclosing Protected Health Information to the Social Security Administration

Professional Association of Healthcare Office Managers (PAHCOM):  March/April 2012 PAHCOM Journal article

For more information about these changes, contact your local Professional Relations Officer

Why am I getting a letter from the Social Security Administration?

Whenever we send you a notice, it is because there is something you should know or do about your claim, benefit status or benefit amount. We send you a notice before we make a change to your benefit amount or eligibility. We will send a notice whenever we must tell you about activity on your case.

How do I request a document from Social Security?

Please call us at 1-800-772-1213 (TTY 1-800-325-0778) Monday through Friday between 8 a.m. and 5:30 p.m. or contact your local Social Security office.

What is a CBSV form?

CBSV is typically used by companies that provide banking and mortgage services, process credit checks, provide background checks, satisfy licensing requirements, etc. With the consent of the SSN holder, CBSV can verify if the SSN holder's name, date of birth, and SSN match SSA's records.

What can you do if someone accesses your Social Security?

If you know your Social Security information has been compromised, you can request to Block Electronic Access. This is done by calling our National 800 number (Toll Free 1-800-772-1213 or at our TTY number at 1-800-325-0778).