20 C.F.R. § 403.100
When can an SSA employee testify or produce information or records in legal proceedings?
An SSA employee can testify concerning any function of SSA or any information or record created or acquired by SSA as a result of the discharge of its official duties in any legal proceeding covered by this part only with the prior authorization of the Commissioner. An SSA employee can provide records or other information in a legal proceeding covered by this part only to the extent that doing so is consistent with 20 CFR parts 401 and 402. A request for both testimony and records or other information is considered two separate requests—one for testimony and one for records or other information. SSA maintains a policy of strict impartiality with respect to private litigants and seeks to minimize the disruption of official duties.
Notes of Decisions
Cited in 1
case, 2003–2003 · leading case: Liberty Nat'l Life Ins. v. Comm'r, Soc. Sec. Admin., 216 F.R.D. 681 (S.D. Ala. 2003).
Liberty Nat'l Life Ins. v. Comm'r, Soc. Sec. Admin., 216 F.R.D. 681 (S.D. Ala. 2003). “SSA’s regulations provide that an Agency employee may only appear and testify concerning any function of SSA or any information or record created or acquired by SSA as a result of the discharge of its official duties in a legal proceeding to which the Agency is not a party only…”
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