20 C.F.R. § 401.100

Disclosure of records with the written consent of the subject of the record

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(a) General. Except as permitted by the Privacy Act and the regulations in this part, or when required by the FOIA, we will not disclose your records without your written consent.

(b) Disclosure with written consent. The written consent must clearly specify to whom the information may be disclosed, the information you want us to disclose (e.g., social security number, date and place of birth, monthly Social Security benefit amount, date of entitlement), and, where applicable, during which timeframe the information may be disclosed (e.g., during the school year, while the subject individual is out of the country, whenever the subject individual is receiving specific services).

(c) Disclosure of the entire record. We will not disclose your entire record. For example, we will not honor a blanket consent for all information in a system of records or any other record consisting of a variety of data elements. We will disclose only the information you specify in the consent. We will verify your identity and where applicable (e.g., where you consent to disclosure of a record to a specific individual), the identity of the individual to whom the record is to be disclosed.

(d) A parent or guardian of a minor is not authorized to give written consent to a disclosure of a minor's medical record. See § 401.55(c)(2) for the procedures for disclosure of or access to medical records of minors.

[72 FR 20940, Apr. 27, 2007]

Notes of Decisions

Cited in 5 cases, 1982–2020 · leading case: Rodriguez v. IBP, Inc., 243 F.3d 1221 (10th Cir. 2001).

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Rodriguez v. IBP, Inc., 243 F.3d 1221 (10th Cir. 2001). “§ 1306 (b); 20 C.F.R. § 401.100 (a). The district court had the authority to order Rodriguez to provide this consent.”

Nat'l Labor Relations Bd. v. Connecticut Foundry Co., Int'l Ladies' Garment Workers Union, Afl-Cio, Intervenor, 688 F.2d 871 (2d Cir. 1982). “16 The Company argues that under relevant Social Security Administration Regulations, 20 C.F.R. § 401.100 et seq., its access to Fonti’s application was restricted and that a hearing would have facilitated its ability to meet its burden of establishing Fonti’s medical status…”

Mason v. South Bend Cmty. Sch. Corp., 990 F. Supp. 1096 (N.D. Ind. 1997). · cites it 2× “100 , which addresses disclosure of official records and information held by the Social Security Administration, states, inter alia, “Except as permitted by the Privacy Act and the regulations in this chapter, or if required by the FOIA, we will not disclose your record without…”

Johnson v. Heckler, 607 F. Supp. 1390 (N.D. Cal. 1985). “In both cases, a determination that there is an impairment that is medically equivalent to a listed impairment must be supported by medically acceptable clinical and laboratory diagnostic techniques. 20 C.”

Deborah Doherty & Sandra Luedtke, as agent & attorney-in-fact for Deborah Doherty v. Purdue Props. I, LLC Campus Apts. Mgmt., LLC Corridor, LLC (mem. dec.) (Ind. Ct. App. 2020). “] The Tenth Circuit Court of Appeals noted that subsection (b) of the same statute, along with 20 C.F.R. §401.100 (a), permitted release of an individual’s SSA records with the individual’s consent and concluded that the district court did, in fact, have the authority to order…”

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