> **FREEDOM OF INFORMATION ACT (FOIA) ANNUAL REPORT**
>
> **FOR THE SOCIAL SECURITY ADMINISTRATION**
>
> **FOR FISCAL YEAR 2008**

**I. Basic Information Regarding Report**

> 1\. Provide name, title, address, and telephone number of person(s) to
> be contacted with questions about the Report.
>
> **Name: Dawn S. Wiggins**
>
> **Title: Freedom of Information Officer**
>
> **Agency/Component: Social Security Administration (SSA) Office of the
> General Counsel Office of Privacy and Disclosure**
>
> **Telephone Number: (410) 966-6645 FAX: (410) 966-4304**
>
> **Mailing Address: Social Security Administration (SSA) Office of the
> General Counsel Office of Privacy and Disclosure 3-A-6 Operations
> Building 6401 Security Boulevard Baltimore, MD 21235-0001**
>
> 2\. Provide an electronic link for access to the Report on the agency
> Web site.
>
> **Website: <http://www.socialsecurity.gov/foia/>**

3.  Explain how to obtain a copy of the Report in paper form.

> **To obtain a paper copy of this report write to the address shown
> above, or phone, fax, or e-mail the Office of Privacy and Disclosure.
> Our e-mail address is <foia.pa.officers@ssa.gov>.**

**II. MAKING A FOIA REQUEST**

> 1\. Provide names, addresses, and telephone numbers of all individual
> agency components that receive FOIA requests.
>
> **Office of Privacy and Disclosure (OPD), 3-A-6 Operations Building,
> 6401 Security Boulevard, Baltimore, MD 21235-0001, (410) 966-6645.**
>
> **Division of Earning Records (DERO), 3-D-10 Metro West, 300 North
> Green Street, Baltimore, MD 21290-0300, (410) 597-1730.**
>
> 2\. Provide a brief description of why some requests are not granted
> and an overview of certain general categories of the agency's records
> to which the FOIA exemptions apply.
>
> **In general, SSA does not disclose classified records, internal
> personnel rules, information that is confidential by law, trade
> secrets or confidential financial information, information that is
> otherwise legally privileged, personal information about living
> people, or records of investigation.**
>
> **The following are some examples specific to SSA:**

-   **[Exemption 2, Internal Personnel Rules and Practices]{.underline}.
    We cite this exemption as the basis for withholding records solely
    related to internal personnel rules and practices, such as certain
    records or procedures that could cause a breach in security, i.e.,
    instructions for operating terminals, computer access codes, etc.**

-   **[Exemption 3, Prohibited by Law]{.underline}. We cite this
    exemption when disclosure is prohibited by a law that leaves no
    discretion as to what may be exempt, or that establishes specific
    criteria for withholding information. The Internal Revenue Code
    restricts the disclosure of tax return information, such as
    third-party addresses, employer's names, addresses, and earnings
    information. 42 U.S.C. 290dd-3 and 290ee-3 restrict the disclosure
    of information regarding identity, diagnosis, prognosis, or
    treatment of any patient when such information is maintained in
    connection with a Federally-assisted drug or alcohol-abuse
    prevention function.**

-   **[Exemption 4, Trade Secrets and Commercial or Financial
    Information]{.underline}. We cite this exemption to withhold
    information obtained from outside the Government that relates to
    "trade secrets and commercial or financial information which, if
    disclosed, would either cause substantial harm to a person's ability
    to compete with others in his business or impair the Government's
    ability to obtain needed information." These records may include
    detailed information concerning profits, losses, and business costs.
    This exemption does not apply to SSA program records and is
    generally used in connection with our procurement records.**

-   **[Exemption 5, Interagency or Intra-agency
    Memorandums]{.underline}. We cite this exemption to withhold
    memorandums or letters that would not be available by law to a party
    other than a party in litigation with the agency. We cite this
    exemption to withhold opinions (such as Office of the General
    Counsel opinions), recommendations, suggestions, or judgmental
    analyses by various field and central office components of SSA
    exchanged or developed before we make policy or decisions.**

-   **[Exemption 6, Invasion of Privacy]{.underline}. We cite this
    exemption to withhold any personal information if disclosure would
    constitute a clearly unwarranted invasion of personal privacy. For
    example, we would invoke this exemption when a requester submits an
    inquiry on whether his neighbor receives Social Security benefits.
    Disclosure of this information would not serve the public interest
    and would constitute an invasion of the neighbor's privacy.**

-   **[Exemption 7, Investigatory Records]{.underline}. We cite this
    exemption to withhold records compiled for law enforcement purposes
    if the production of this information could reasonably be expected
    to interfere with enforcement proceedings, deprive a person to a
    fair trail, disclose the identity of a confidential source, disclose
    investigative techniques or procedures, or endanger the life or
    physical safety of law enforcement personnel. We apply this
    exemption to Office of the Investigator General (OIG) reports and
    information.**

**III. Acronyms, Definitions, AND EXEMPTIONS**

1\. Provide any agency-specific acronyms or terms used in this Report.

**SSA- Social Security Administration**

**SSN- Social Security number**

2\. Include the following definitions of terms used in this Report:

> a\. **Administrative Appeal** -- A request to a Federal agency asking
> that it review, at a higher administrative level, a full denial or a
> partial denial of access to records under the FOIA, or any other FOIA
> determination such as a matter pertaining to fees.
>
> b\. **Average Number** -- the number obtained by dividing the sum of a
> group of numbers by the quantity of numbers in the group. For example,
> of 3, 7, and 14, the average number is 8.
>
> c\. **Backlog** -- the number of requests that are pending at an
> agency at the end of the fiscal year that are beyond the statutory
> time period for a response.
>
> d\. **Component** -- for agencies that process requests on a
> decentralized basis, a "component" is an entity, also sometimes
> referred to as an Office, Division, Bureau, Center, or Directorate,
> within the agency that processes FOIA requests. The FOIA now requires
> that agencies include in their Annual FOIA Report data for both the
> agency overall and for each principal component of the agency.
>
> e\. **Consultation** -- the procedure whereby the agency responding to
> a FOIA request first forwards a record to another agency for its
> review because that other agency has an interest in the document. Once
> the agency in receipt of the consultation finishes its review of the
> record, it responds back to the agency that forwarded it. That agency,
> in turn, will then respond to the FOIA requester.
>
> f\. **Exemption 3 Statute** -- a Federal statute that exempts
> information from disclosure and which the agency relies on to withhold
> information under subsection (b)(3) of the FOIA.
>
> g\. **FOIA Request** -- a FOIA request is generally a request to a
> Federal agency for access to records concerning another person (i.e.,
> a "third-party" request), or concerning an organization, or a
> particular topic of interest. FOIA requests also include requests made
> by requesters seeking records concerning themselves (i.e.,
> "first-party" requests) when those requesters are not subject to the
> Privacy Act, such as non-U.S. citizens. Moreover, because all
> first-party requesters should be afforded the benefit of both the
> access provisions of the FOIA as well as those of the Privacy Act,
> FOIA requests also include any first-party requests where an agency
> determines that it must search beyond its Privacy Act "systems of
> records" or where a Privacy Act exemption applies, and the agency
> looks to FOIA to afford the greatest possible access. All requests
> that require the agency to use the FOIA in responding to the requester
> are included in this Report.
>
> Additionally, a FOIA request includes records referred to the agency
> for processing and direct response to the requester. It does not,
> however, include records for which the agency has received a
> consultation from another agency. (Consultations are reported
> separately in Section XII of this Report.)
>
> h\. **Full Grant** -- an agency decision to disclose all records in
> full in response to a FOIA request.
>
> i\. **Full Denial** -- an agency decision not to release any records
> in response to a FOIA request because the records are exempt in their
> entireties under one or more of the FOIA exemptions, or because of a
> procedural reason, such as when no records could be located.
>
> j\. **Median Number** -- the middle, not average, number. For example,
> of 3, 7, and 14, the median number is 7.
>
> k\. **Multi-Track Processing** -- a system in which simple requests
> requiring relatively minimal review are placed in one processing track
> and more voluminous and complex requests are placed in one or more
> other tracks. Requests granted expedited processing are placed in yet
> another track. Requests in each track are processed on a first
> in/first out basis.
>
> i\. **Expedited Processing** -- an agency will process a FOIA request
> on an expedited basis when a requester satisfies the requirements for
> expedited processing as set forth in the statute and in agency
> regulations.
>
> ii\. **Simple Request** -- a FOIA request that an agency using
> multi-track processing places in its fastest (non-expedited) track
> based on the low volume and/or simplicity of the records requested.
>
> iii\. **Complex Request** -- a FOIA request that an agency using
> multi-track processing places in a slower track based on the high
> volume and/or complexity of the records requested.
>
> l\. **Partial Grant/Partial Denial** -- in response to a FOIA request,
> an agency decision to disclose portions of the records and to withhold
> other portions that are exempt under the FOIA, or to otherwise deny a
> portion of the request for a procedural reason.
>
> m\. **Pending Request or Pending Administrative Appeal** -- a request
> or administrative appeal for which an agency has not taken final
> action in all respects.
>
> n\. **Perfected Request** -- a request for records which reasonably
> describes such records and is made in accordance with published rules
> stating the time, place, fees (if any) and procedures to be followed.
>
> o\. **Processed Request or Processed Administrative Appeal** -- a
> request or administrative appeal for which an agency has taken final
> action in all respects.
>
> p\. **Range in Number of Days** -- the lowest and highest number of
> days to process requests or administrative appeals.
>
> q\. **Time Limits** -- the time period in the statute for an agency to
> respond to a FOIA request (ordinarily twenty working days from receipt
> of a perfected FOIA request).
>
> 3\. Include the following concise descriptions of the nine FOIA
> exemptions:
>
> a\. **Exemption 1**: classified national defense and foreign relations
> information
>
> b\. **Exemption 2**: internal agency rules and practices
>
> c\. **Exemption 3**: information that is prohibited from disclosure by
> another federal law
>
> d\. **Exemption 4**: trade secrets and other confidential business
> information
>
> e\. **Exemption 5**: inter-agency or intra-agency communications that
> are protected by legal privileges
>
> f\. **Exemption 6**: information involving matters of personal privacy
>
> g\. **Exemption 7**: records or information compiled for law
> enforcement purposes, to the extent that the production of those
> records (A) could reasonably be expected to interfere with enforcement
> proceedings, (B) would deprive a person of a right to a fair trial or
> an impartial adjudication, (C) could reasonably be expected to
> constitute an unwarranted invasion of personal privacy, (D) could
> reasonably be expected to disclose the identity of a confidential
> source, (E) would disclose techniques and procedures for law
> enforcement investigations or prosecutions, or would disclose
> guidelines for law enforcement investigations or prosecutions, or (F)
> could reasonably be expected to endanger the life or physical safety
> of any individual
>
> h\. **Exemption 8**: information relating to the supervision of
> financial institutions
>
> i\. **Exemption 9**: geological information on wells

**IV. Exemption 3 Statutes**

> A. Exemption 3 Statutes Relied upon to Withhold Information
>
> 1\. List all Exemption 3 statutes relied upon to withhold information
> and the number of times upon which they were relied. For each request,
> report all statutes upon which the agency relied; however, count each
> statute only once per request.
>
> **Pursuant to 26 U.S.C. 6103, SSA withholds tax information, such as
> third-party addresses and employer's names and addresses in situations
> to which section 6103 of the Internal Revenue Code applies. We applied
> Exemption 3 a total of 61 times for this reporting period.**

  -------------- -------------- -------------- -------------- --------------
  **Statute**    **Type of      **Case         **Number of    **Total Number
                 Information    Citation**     Times Relied   of Times
                 Withheld**                    upon per       Relied upon by
                                               Component**    Agency**

  26 U.S.C. 6103 Tax            See below      61             61
                 information,                                 
                 such as                                      
                 third-party                                  
                 addresses and                                
                 employer's                                   
                 names and                                    
                 addresses                                    
  -------------- -------------- -------------- -------------- --------------

> 2\. Provide a brief description of the types of information withheld
> under each statute.
>
> **As indicated above, we withheld tax return information, such as,
> employer's tax identification numbers, mailing addresses, and earnings
> information.**
>
> 3\. Indicate whether a court has upheld the use of the statute by
> providing a citation to a court decision.
>
> **Several courts, including the Supreme Court, have approved
> withholding tax information under section 6103. The cases are listed
> below:**

-   **[Church of Scientology v. IRS,]{.underline} 484 U.S. 9, 15
    (1987)(finding that IRS lawfully exercised discretion to withhold
    street addresses pursuant to 26 U.S.C. section 6103(m)(1));**

-   **[Aaron v. IRS]{.underline}, 973 F.2d 962, 964-65 (1st Cir. 1992)
    (finding that IRS lawfully exercised discretion to withhold street
    addresses pursuant to 26 U.S.C. section 6103(m)(1)); and,**

-   **[Long v. IRS]{.underline}, 891 F. 2d 222, 224 (9th Cir. 1989)
    (holding that deletion of taxpayer's identification does not alter
    confidentiality of section 6103 information).**

**The United States Supreme Court and most appellate courts that have
considered the withholding of tax return information have held either
explicitly or implicitly that section 6103 of the Internal Revenue Code
satisfies subpart (B) of exemption 3.**

**V. FOIA Requests**

-   For charts in Section V, include all "purported" FOIA requests, both
    perfected and non-perfected. Non-perfected requests are further
    reflected in various columns in Chart V, B (1) below.

> A. Received, Processed and Pending FOIA Requests
>
> 1\. Provide the numbers of received, processed, and pending requests
> as described in Columns 1 through 4.
>
> 2\. The number in Column 1 must match the number of "Requests Pending
> as of End of Fiscal Year" from last year's Annual FOIA Report.
>
> 3\. The sum of Columns 1 and 2 minus the number in Column 3 must equal
> the number in Column 4.
>
> Column 1 Column 2 Column 3 Column 4

  -------------- --------------- --------------- ----------- --------------
                 **Number of     **Number of     **Number of **Number of
                 Requests        Requests        Requests    Requests
                 Pending as of   Received in     Processed   Pending as of
                 Start of Fiscal Fiscal Year**   in Fiscal   End of Fiscal
                 Year**                          Year**      Year**

  **AGENCY       1,282           34,444[^1] [^2] 34,666      1,060
  OVERALL**                                                  
  -------------- --------------- --------------- ----------- --------------

B. (1) Disposition of FOIA Requests -- All Processed Requests

> 1\. Provide the number of request dispositions as described in the
> columns below. Select only one column to report each request.
>
> 2\. Report a request in one of the nine "Full Denial Based on Reasons
> Other than Exemptions" columns [only]{.underline} [if]{.underline} the
> request cannot be counted in one of the first three columns.

<table>
<colgroup>
<col style="width: 7%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 9%" />
<col style="width: 6%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 6%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 5%" />
<col style="width: 7%" />
<col style="width: 5%" />
<col style="width: 7%" />
</colgroup>
<tbody>
<tr class="odd">
<td></td>
<td><strong>Number of Full Grants</strong></td>
<td><strong>Number of Partial Grants/ Partial Denials</strong></td>
<td><strong>Number of Full Denials Based on Exemptions</strong></td>
<td colspan="9"><strong>Number of Full Denials Based on Reasons Other
than Exemptions</strong></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>No Records</strong></td>
<td><strong>All Records Referred to Another Component or
Agency</strong></td>
<td><strong>Request Withdrawn</strong></td>
<td><strong>Fee-Related Reason</strong></td>
<td><strong>Records not Reasonably Described</strong></td>
<td><strong>Improper FOIA Request for Other Reason</strong></td>
<td><strong>Not Agency Record</strong></td>
<td><strong>Duplicate Request</strong></td>
<td><p><strong>Other</strong></p>
<p><strong>*Explain in chart below</strong></p></td>
<td><strong>TOTAL</strong></td>
</tr>
<tr class="odd">
<td><strong>AGENCY OVERALL</strong></td>
<td>33,389</td>
<td>328</td>
<td>460</td>
<td>274</td>
<td>12</td>
<td>10</td>
<td>50</td>
<td>70</td>
<td>0</td>
<td>0</td>
<td>73</td>
<td>0</td>
<td>34,666</td>
</tr>
</tbody>
</table>

> 3\. The numbers in the "Total" Column on the right must match the
> numbers in Section V, A, Column 3 ("Number of Requests Processed in
> Fiscal Year").
>
> B. (2) Disposition of FOIA Requests -- "Other" Reasons for "Full
> Denials Based on Reasons Other than Exemptions" from Section V, B (1)
> Chart
>
> 1\. If you utilized the "Other" column in Section V, B (1), provide
> below descriptions of the "other" reasons for full denials and the
> number of times each reason was relied upon. (The numbers in the
> "Total" column must match the numbers in the "Other" column from
> Section V, B (1).)

  ----------------------- ----------------------- -----------------------
  **Component**           **Description of        **Total**
                          "Other" Reasons for     
                          Denials from Chart B    
                          (1) & Number of times   
                          those Reasons were      
                          relied upon**           

  Agency Total            Not Applicable          0
  ----------------------- ----------------------- -----------------------

B. (3) Disposition of FOIA Requests -- Number of Times Exemptions
Applied

> 1\. For each request, report all exemptions applied; however, count
> each exemption only once per request. [Example]{.underline}: Given a
> request in which Exemption 2 applies to one portion of the request,
> Exemption 5 applies to three portions of the request, and Exemption 6
> applies to eight portions of the request, count Exemptions 2, 5, and 6
> once each. Do not count Exemption 5 three times and Exemption 6 eight
> times.

  ----------- --------- ---------- ------- ------- ------- ------- -------- -------- -------- -------- -------- -------- --------- ---------
              **Ex1**   **Ex.2**   **Ex.   **Ex.   **Ex.   **Ex.   **Ex.    **Ex.    **Ex.    **Ex.    **Ex.    **Ex.    **Ex8**   **Ex9**
                                   3**     4**     5**     6**     7(A)**   7(B)**   7(C)**   7(D)**   7(E)**   7(F)**             

  **AGENCY    1         221        61      50      212     749     1        0        20       0        0        0        0         0
  OVERALL**                                                                                                                        
  ----------- --------- ---------- ------- ------- ------- ------- -------- -------- -------- -------- -------- -------- --------- ---------

**VI. ADMINISTRATIVE** **Appeals of Initial DETERMINATIONS of FOIA
Requests**

-   If more than one component in the agency adjudicates administrative
    appeals, provide information for each appellate component, as well
    as for the agency overall.

> **Not Applicable.**
>
> A. Received, Processed and Pending Administrative Appeals
>
> 1\. Provide the number of administrative appeals received, processed,
> and pending as described in Columns 1 through 4.
>
> 2\. The sum of Columns 1 and 2 minus the number in Column 3 must equal
> the number in Column 4.

  ------------------ ------------------ ---------------- ----------------
  Column 1           Column 2           Column 3         Column 4

  ------------------ ------------------ ---------------- ----------------

> 3\. Starting with Fiscal Year 2009, the number in Column 1 must match
> the number of "Appeals Pending as of End of Fiscal Year" from the
> previous year's Annual FOIA Report.

  ------------------ ------------------ ---------------- ----------------
  **Number of        **Number of        **Number of      **Number of
  Appeals Pending as Appeals Received   Appeals          Appeals Pending
  of Start of Fiscal in Fiscal Year**   Processed in     as of End of
  Year**                                Fiscal Year**    Fiscal Year**

  23                 52                 74               1
  ------------------ ------------------ ---------------- ----------------

B.  Disposition of Administrative Appeals -- All Processed Appeals

> 1\. Provide the number of administrative appeal adjudications as
> described in the columns below. (The number in the "Total" column must
> match the number in Section VI, A, Column 3 ("Number of Appeals
> Processed in Fiscal Year").

a\. In the "Number of Appeals Closed for Other Reasons" column, report
the number of appeals which neither affirmed nor reversed/remanded
(either entirely or partially) the FOIA request determination, but
rather those which the agency closed for other reasons, (e.g., the
request was in litigation, the appeal was a duplicate appeal, the appeal
was premature, etc.)

  -------------- ------------------- ------------------- ------------- -----------
  **Number       **Number Partially  **Number Completely **Number of   **TOTAL**
  Affirmed on    Affirmed &          Reversed/Remanded   Appeals       
  Appeal**       Partially           on Appeal**         Closed for    
                 Reversed/Remanded                       Other         
                 on Appeal**                             Reasons**     

  48             11                  15                  0             74
  -------------- ------------------- ------------------- ------------- -----------

> C. (1) Reasons for Denial on Appeal -- Number of Times Exemptions
> Applied

-   Note: If an administrative appeal results in the denial of
    information based on exemptions and *also* based on a reason or
    reasons presented in Charts C (2) and C (3) below, report that
    appeal in all applicable charts.

> 1\. For each administrative appeal, report all exemptions applied;
> however, count each exemption only once per appeal.

  ---------- ---------- ------- ------- ------- ------- -------- -------- -------- -------- -------- -------- ---------- ----------
  **Ex.1**   **Ex.2**   **Ex.   **Ex.   **Ex.   **Ex.   **Ex.    **Ex.    **Ex.    **Ex.    **Ex.    **Ex.    **Ex.8**   **Ex.9**
                        3**     4**     5**     6**     7(A)**   7(B)**   7(C)**   7(D)**   7(E)**   7(F)**              

  0          10         5       2       4       55      0        0        3        0        0        0        0          0
  ---------- ---------- ------- ------- ------- ------- -------- -------- -------- -------- -------- -------- ---------- ----------

This portion of this page left intentionally blank.

> C. (2) Reasons for Denial on Appeal -- Reasons Other than Exemptions
>
> 1\. Provide the number of administrative appeals resulting in denial
> for reasons other than exemptions, as described in the eleven columns
> below.

<table style="width:100%;">
<colgroup>
<col style="width: 8%" />
<col style="width: 9%" />
<col style="width: 10%" />
<col style="width: 8%" />
<col style="width: 10%" />
<col style="width: 9%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 9%" />
<col style="width: 11%" />
<col style="width: 7%" />
</colgroup>
<tbody>
<tr class="odd">
<td><strong>No Records</strong></td>
<td><strong>Records Referred at Initial Request Level</strong></td>
<td><strong>Request Withdrawn</strong></td>
<td><strong>Fee-Related Reason</strong></td>
<td><strong>Records not Reasonably Described</strong></td>
<td><strong>Improper Request for Other Reasons</strong></td>
<td><strong>Not Agency Record</strong></td>
<td><strong>Duplicate Request or Appeal</strong></td>
<td><strong>Request in Litigation</strong></td>
<td><strong>Appeal Based Solely on Denial of Request for Expedited
Processing</strong></td>
<td><p><strong>Other</strong></p>
<p><strong>*Explain in chart below</strong></p></td>
</tr>
<tr class="even">
<td>5</td>
<td>0</td>
<td>1</td>
<td>2</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
</tr>
</tbody>
</table>

C. (3) Reasons for Denial on Appeal -- "Other" Reasons from Section VI,
C (2) Chart

+--------------------------------------------------+-------------------+
| **Description of "Other" Reasons for Denial on   | **TOTAL**         |
| Appeal from Chart C (2) & Number of Times Those  |                   |
| Reasons Were Relied upon**                       | 0                 |
+--------------------------------------------------+-------------------+

1\. If you utilized the "Other" column in Section VI, C (2), provide
below descriptions of the "other" reasons and the number of times each
reason was relied upon. (The numbers in the "Total" column must match
the numbers in the "Other" column from Section VI, C (2).)

C. (4) Response Time for Administrative Appeals

> 1\. Provide the median, average, and range in number of days to
> respond to administrative appeals.

  ----------------- ----------------- ----------------- -----------------
  **Median Number   **Average Number  **Lowest Number   **Highest Number
  of Days**         of Days**         of Days**         of Days**

  55                60                15                128
  ----------------- ----------------- ----------------- -----------------

> C. (5) Ten Oldest Pending Administrative Appeals
>
> 1\. Provide the dates of receipt of the ten oldest pending
> administrative appeals, and the number of days pending.

  ----------- ------- ------ ------ ------ ----- ------ ----- ----- ----- ---------
  **Date of                                                               7/22/08
  Receipt of                                                              
  Ten Oldest                                                              
  Appeals**                                                               

  **Number of 0       0      0      0      0     0      0     0     0     61
  Days                                                                    
  Pending**                                                               
  ----------- ------- ------ ------ ------ ----- ------ ----- ----- ----- ---------

  ------- -------- ------- ------- ------- ------- ------- ------- ------- ------- --------
          10^th^   9^th^   8^th^   7^th^   6^th^   5^th^   4^th^   3^rd^   2^nd^   Oldest
          Oldest                                                                   Appeal
          Appeal                                                                   

  ------- -------- ------- ------- ------- ------- ------- ------- ------- ------- --------

**VII.** **FOIA REQUESTS: RESPONSE TIME FOR PROCESSED and Pending
Requests**

-   [For charts in Section VII, include response times for only
    perfected requests. Begin counting days from the date of receipt of
    the perfected request.]{.underline}

-   If using a multi-track processing system, report response times
    separately for each track, (as exemplified in the charts in this
    Section). If not using a multi-track processing system, at a
    minimum, report separately requests which have been granted
    expedited processing.

-   Note: Chart A must reflect the response times for *all* processed
    perfected requests. Chart B is a sub-set of Chart A and must reflect
    the response times only for those perfected requests in which
    information was *granted*, either in full or in part.

A.  Processed Requests -- Response Time for All Processed Perfected
    Requests

> 1\. Provide the median, average and range in number of days to process
> all perfected requests.

  ----------- ------------ ----------- ---------- ----------- ------------- ----------- ---------- ----------- ------------------ ----------- ---------- -----------
              **Simple**                                      **Complex**                                      **Expedited                               
                                                                                                               processing**[^3]                          

              **Median     **Average   **Lowest   **Highest   **Median      **Average   **Lowest   **Highest   **Median Number of **Average   **Lowest   **Highest
              Number of    Number of   Number of  Number of   Number of     Number of   Number of  Number of   Days**             Number of   Number of  Number of
              Days**       Days**      Days**     Days**      Days**        Days**      Days**     Days**                         Days**      Days**     Days**

  **AGENCY    16           30          1          78          44            60          1          246         0                  0           0          0
  OVERALL**                                                                                                                                              
  ----------- ------------ ----------- ---------- ----------- ------------- ----------- ---------- ----------- ------------------ ----------- ---------- -----------

B.  Processed Requests -- Response Time for Perfected Requests in Which
    Information Was Granted

> 1\. Provide the median, average and range in number of days to process
> all perfected requests in which information was granted. ("Granted"
> refers to full grants and partial grants.)

  ----------- ------------ ----------- ---------- ----------- ------------- ----------- ---------- ----------- -------------- ----------- ---------- -----------
              **Simple**                                      **Complex**                                      **Expedited                           
                                                                                                               PROCESSING**                          

              **Median     **Average   **Lowest   **Highest   **Median      **Average   **Lowest   **Highest   **Median       **Average   **Lowest   **Highest
              Number of    Number of   Number of  Number of   Number of     Number of   Number of  Number of   Number of      Number of   Number of  Number of
              Days**       Days**      Days**     Days**      Days**        Days**      Days**     Days**      Days**         Days**      Days**     Days**

  **AGENCY    17           33          4          79          66            72          2          252         0              0           0          0
  OVERALL**                                                                                                                                          
  ----------- ------------ ----------- ---------- ----------- ------------- ----------- ---------- ----------- -------------- ----------- ---------- -----------

C. Processed Requests -- Response Time in Day Increments

> 1\. Provide the number of perfected requests processed in each of the
> thirteen designated time increments (i.e., report the number of
> requests processed within 20 days in the first column, the number
> processed within 21-40 days in the second column, etc.)
>
> a\. If using a multi-track system, create separate charts as presented
> below to report the information for each track. If not using a
> multi-track system, at a minimum create a separate chart for requests
> which have been granted expedited processing.
>
> b\. Insert the sum of the thirteen columns in the "Total" column to
> reflect the total number of requests processed for each of the tracks.

**Simple Requests**

  --------------- -------- --------- --------- --------- ---------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- -------- -----------
                  **1-20   **21-40   **41-60   **61-80   **81-100   **101-120   **121-140   **141-160   **161-180   **181-200   **201-300   **301-400   **401+   **TOTAL**
                  Days**   Days**    Days**    Days**    Days**     Days**      Days**      Days**      Days**      Days**      Days**      Days**      Days**   

  **AGENCY        29,283   2,290     824       129       0          0           0           0           0           0           0           0           0        32,526
  OVERALL**[^4]                                                                                                                                                  
  --------------- -------- --------- --------- --------- ---------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- -------- -----------

**Complex Requests**

  --------------- -------- --------- --------- --------- ---------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- -------- -----------
                  **1-20   **21-40   **41-60   **61-80   **81-100   **101-120   **121-140   **141-160   **161-180   **181-200   **201-300   **301-400   **401+   **TOTAL**
                  Days**   Days**    Days**    Days**    Days**     Days**      Days**      Days**      Days**      Days**      Days**      Days**      Days**   

  **AGENCY        96       654       726       546       77         13          5           9           4           7           3           0           0        2,140
  OVERALL**[^5]                                                                                                                                                  
  --------------- -------- --------- --------- --------- ---------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- -------- -----------

**Requests Granted Expedited Processing**

  ----------- -------- --------- --------- --------- ---------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- -------- -----------
              **1-20   **21-40   **41-60   **61-80   **81-100   **101-120   **121-140   **141-160   **161-180   **181-200   **201-300   **301-400   **401+   **TOTAL**
              Days**   Days**    Days**    Days**    Days**     Days**      Days**      Days**      Days**      Days**      Days**      Days**      Days**   

  **AGENCY    0        0         0         0         0          0           0           0           0           0           0           0           0        0
  OVERALL**                                                                                                                                                  
  ----------- -------- --------- --------- --------- ---------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- -------- -----------

D. Pending Requests -- All Pending Perfected Requests

  ----------- ------------ ---------- ----------- ------------- ---------- ----------- -------------- ---------- -----------
              **Simple**                          **Complex**                          **Expedited               
                                                                                       PROCESSING**              

              **Number     **Median   **Average   **Number      **Median   **Average   **Number       **Median   **Average
              Pending**    Number of  Number of   Pending**     Number of  Number of   Pending**      Number of  Number of
                           Days**     Days**                    Days**     Days**                     Days**     Days**

  **AGENCY    954          27         27          106           90         90          0              0          0
  OVERALL**                                                                                                      
  ----------- ------------ ---------- ----------- ------------- ---------- ----------- -------------- ---------- -----------

> 1\. Provide the number of perfected requests pending as of the end of
> the fiscal year, and the median and average number of days those
> requests had been pending. If an agency is unable to determine whether
> all of its pending requests are perfected, the agency must include
> [all]{.underline} pending requests and include a footnote that it has
> done so.

E.  Pending Requests -- Ten Oldest Pending Perfected Requests

<table style="width:100%;">
<colgroup>
<col style="width: 13%" />
<col style="width: 10%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 9%" />
</colgroup>
<tbody>
<tr class="odd">
<td></td>
<td><strong>10<sup>th</sup> Oldest Request and Number of Days
Pending</strong></td>
<td><strong>9th</strong></td>
<td><strong>8<sup>th</sup></strong></td>
<td><strong>7th</strong></td>
<td><strong>6<sup>th</sup></strong></td>
<td><strong>5<sup>th</sup></strong></td>
<td><strong>4<sup>th</sup></strong></td>
<td><strong>3<sup>rd</sup></strong></td>
<td><strong>2<sup>nd</sup></strong></td>
<td><strong>Oldest Request and Number of Days Pending</strong></td>
</tr>
<tr class="even">
<td><strong>AGENCY OVERALL</strong></td>
<td><p>2/12/08</p>
<p>187</p></td>
<td><p>2/12/08</p>
<p>187</p></td>
<td><p>2/10/08</p>
<p>188</p></td>
<td><p>2/10/08</p>
<p>188</p></td>
<td><p>1/31/08</p>
<p>195</p></td>
<td><p>1/31/08</p>
<p>195</p></td>
<td><p>1/31/08</p>
<p>195</p></td>
<td><p>1/23/08</p>
<p>201</p></td>
<td><p>1/16/08</p>
<p>206</p></td>
<td><p>11/13/07</p>
<p>252</p></td>
</tr>
</tbody>
</table>

> 1\. Provide the dates of receipt of the ten oldest perfected requests
> pending as of the end of the fiscal year, and the number of days those
> requests had been pending.

**VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER**

-   Section VIII now reflects new mandatory reporting requirements and
    is no longer an optional Section.

-   Provide information for [adjudicated]{.underline} requests for
    expedited processing or [adjudicated]{.underline} requests for a fee
    waiver, i.e., requests for expedited processing or requests for a
    fee waiver which were granted or denied. Do not include requests for
    expedited processing or requests for a fee waiver which became moot
    for various reasons and, as a result, were neither granted nor
    denied.

> A. Requests for Expedited Processing
>
> 1\. Include requests for expedited processing made both at the initial
> request level and, when applicable, at the administrative appeal
> level.
>
> 2\. Calculating days: Count only the days spent adjudicating the
> request for expedited processing. Count [calendar]{.underline} days,
> not working days.
>
> 3\. Note: The response time portion of this new reporting requirement
> captures the time taken to decide whether to grant or deny a request
> for expedited processing. This does not cover the FOIA requests which
> have already been granted expedited status, placed in the "expedited
> processing" track, and reported elsewhere in this Report. Rather, this
> new requirement reflects the time taken to make a determination (i.e.,
> adjudicate) whether a request for expedited processing should be
> granted or denied. The FOIA requires agencies to determine within ten
> [calendar]{.underline} days whether a request satisfies the standards
> for expedited processing.

  -------------- ----------- ----------- -------------- -------------- -------------
                 **Number    **Number    **Median       **Average      **Number
                 Granted**   Denied**    Number of Days Number of Days Adjudicated
                                         to             to             Within Ten
                                         Adjudicate**   Adjudicate**   Calendar
                                                                       Days**

  **AGENCY       0           42          7              8              42
  OVERALL**                                                            
  -------------- ----------- ----------- -------------- -------------- -------------

B. Requests for Fee Waiver

> 1\. Include requests for a waiver of fees made both at the initial
> request level and, when applicable, at the administrative appeal
> level.
>
> 2\. Calculating days: Count only the days spent adjudicating the fee
> waiver request. Count [working]{.underline} days. Do not include
> additional days that may precede consideration of the fee waiver
> request, e.g., days the request waits in a processing queue,
> processing time which precedes commencement of adjudication of fee
> waiver request, etc.

  ----------------- ------------- ------------- -------------- --------------
                    **Number      **Number      **Median       **Average
                    Granted**     Denied**      Number of Days Number of Days
                                                to             to
                                                Adjudicate**   Adjudicate**

  **AGENCY          38            52[^6]        29             40
  OVERALL**                                                    
  ----------------- ------------- ------------- -------------- --------------

**IX. FOIA PERSONNEL AND COSTS**

-   Provide the number of "Full-Time FOIA Staff" by adding the number of
    "Full-Time FOIA Employees" and the number of "Equivalent Full-Time
    FOIA Employees," as described below. Also provide costs expended by
    the agency both for processing and litigating FOIA requests.

> A. Personnel
>
> 1\. A "full-time FOIA employee" is a full-time employee who performs
> FOIA duties 100% of the time. The number of such employees should be
> reported in Column 1 of the chart below.
>
> 2\. An "equivalent full-time FOIA employee" is created by adding
> together the percentages of time dedicated to FOIA duties by employees
> performing less than full-time FOIA duties. Each time 100% is reached,
> the time expended is counted as one "equivalent full-time FOIA
> employee." The number of such "equivalent" employees should be
> reported in Column 2 of the chart below.
>
> 3\. Employees performing less than full-time FOIA duties are either a)
> part-time employees who perform FOIA duties all, or part, of the time,
> or b) full-time employees who perform FOIA duties less than 100% of
> the time.
>
> 4\. The following examples illustrate how to calculate the number of
> "equivalent full-time FOIA employees."
>
> a\. [Example #1]{.underline}: Assume three full-time employees with
> part-time or occasional FOIA duties. If Employee #1 performs FOIA
> duties 50% of the time, and Employees #2 and #3 each perform FOIA
> duties 25% of the time, together they perform 100% (50+25+25) FOIA
> duties. Therefore, the FOIA duties of these three employees are the
> equivalent of 1 "full-time FOIA employee," because a "full-time FOIA
> employee" is equal to 100%. This component would report "1" in Column
> 2 of the chart below.
>
> b\. [Example #2]{.underline}: Assume six full-time employees with
> part-time or occasional FOIA duties. If Employees #1, #2, #3 and #4
> each perform FOIA duties 50% of the time, Employee #5 performs FOIA
> duties 75% of the time, and Employee #6 performs FOIA duties 10% of
> the time, together they perform 285% (50x4 + 75+10) FOIA duties.
> Because a "full-time FOIA employee" is equal to 100%, the FOIA duties
> of these six employees are the equivalent of 2.85 "full-time FOIA
> employees." This component would report "2.85" in Column 2 of the
> chart below.
>
> c\. [Example #3]{.underline}: Assume Employee #1 is a part-time
> employee who works *twenty* hours/week and performs FOIA duties *half*
> of his time. As a part-time employee who works twenty hours/week, the
> most FOIA work Employee #1 could perform is 50%. Because Employee #1
> performs FOIA duties only *half* of his already part-time schedule, he
> performs 25% FOIA duties (i.e., half of the 50% maximum). Assume
> Employee #2 is a part-time employee who works *thirty-two* hours/week
> and performs FOIA duties *all* of her time. As a part-time employee
> who works thirty-two hours/week, the most FOIA work Employee #2 could
> perform is 80%. Because Employee #2 performs FOIA duties *all* of her
> time, she performs 80% FOIA duties. Together, the two employees
> perform 105% (25+80) FOIA duties. Therefore, their combined FOIA
> duties are the equivalent of 1.05 "full-time FOIA employees," and this
> component would report "1.05" in Column 2 o f the chart below.
>
> B. Costs
>
> 1\. Processing Costs: Add together all costs expended by the agency
> for processing FOIA requests at the initial request and administrative
> appeal levels. Include salaries of FOIA personnel, overhead, and any
> other FOIA-related expenses. (An agency's budget will often be a
> useful resource for this information.)
>
> 2\. Litigation Costs: Add together all costs expended by the agency in
> litigating FOIA requests. Include salaries of personnel involved in
> FOIA litigation, litigation overhead, and any other FOIA
> litigation-related expenses. (As with Processing Costs, an agency's
> budget will often be a useful resource for this information).
>
> This portion intentionally left blank.
>
> **PERSONNEL COSTS**

+---------+---------+---------+------+-----------+--------+---------+
|         | *       | *       | **T  | **P       | **     | **Total |
|         | *Number | *Number | otal | rocessing | Litiga | Costs** |
|         | of      | of      | Nu   | Costs**   | tion-R |         |
|         | "Fu     | "Equ    | mber |           | elated |         |
|         | ll-Time | ivalent | of   | (At       | C      |         |
|         | FOIA    | Fu      | "F   | initial   | osts** |         |
|         | Emplo   | ll-Time | ull- | request   |        |         |
|         | yees"** | FOIA    | Time | and       |        |         |
|         |         | Emplo   | FOIA | appeal    |        |         |
|         |         | yees"** | Staf | levels)   |        |         |
|         |         |         | f"** |           |        |         |
|         |         |         |      |           |        |         |
|         |         |         | (The |           |        |         |
|         |         |         | sum  |           |        |         |
|         |         |         | of   |           |        |         |
|         |         |         | Col  |           |        |         |
|         |         |         | umns |           |        |         |
|         |         |         | 1 &  |           |        |         |
|         |         |         | 2)   |           |        |         |
+---------+---------+---------+------+-----------+--------+---------+
| *       | 64      | 59      | 123  | \$14      | \$31,  | \$14,8  |
| *AGENCY |         |         |      | ,814,363. | 455.00 | 45,818. |
| OV      |         |         |      |           |        |         |
| ERALL** |         |         |      |           |        |         |
+---------+---------+---------+------+-----------+--------+---------+

**X. FEES COLLECTED FOR PROCESSING REQUESTS**

-   Report the dollar amount of fees collected from FOIA requesters for
    processing their requests. Also report the percentage of total
    processing costs (from the "Processing Costs" column in the Section
    IX chart) that those fees represent. In calculating the amount of
    fees collected, include fees received from a FOIA requester for
    search, review, document duplication, and any other direct costs
    permitted by agency regulations.

  ----------------------- ----------------------- -----------------------
                          **Total Amount of Fees  **Percentage of Total
                          Collected**             Costs**

  **AGENCY OVERALL**      \$6,591,000.00          44%
  ----------------------- ----------------------- -----------------------

**XI. FOIA REGULATIONS**

-   Agencies must provide an electronic link to their FOIA regulations,
    including their fee schedule.

> **Website: <http://www.socialsecurity.gov/foia/>**

**XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS**

> A. Backlogs of FOIA Requests and Administrative Appeals
>
> 1\. Provide below the number of FOIA requests and administrative
> appeals that were pending beyond the statutory time period as of the
> end of the fiscal year. (Such requests and appeals are considered
> "backlogged.")
>
> 2\. Note: The statutory time period is ordinarily twenty working days
> from receipt of a perfected request, [see]{.underline} 5 U.S.C. §
> 552(a)(6)(A)(i), but may be extended up to ten additional working days
> when "unusual circumstances" are present, [see]{.underline}
> [id]{.underline}. § 552(a)(6)(B)(i).

  --------------------- ------------------------ ------------------------
                        **Number of Backlogged   **Number of Backlogged
                        Requests as of End of    Appeals as of End of
                        Fiscal Year**            Fiscal Year**

  **AGENCY OVERALL**    147                      1
  --------------------- ------------------------ ------------------------

> 3\. Discuss/explain the backlog here (optional).
>
> **OPD has a relatively small backlog and despite significant
> challenges, we have been able to manage its growth over the past year.
> We hope that through the use of technology, specifically our eFOIA
> application, we will eliminate it entirely. We believe the delays in
> processing are due in part to the loss of some highly-skilled
> personnel over the course of the fiscal year including the Deputy
> Executive Director, two Division Directors, three senior analysts, and
> an eFOIA administrator. These positions were not filled until the end
> of the fiscal year. In addition, OPD has continued to experience
> difficulties in our migration to our new eFOIA system and future
> updates to the system are required in order for the system to be fully
> operational as intended and to improve FOIA processing. Changes from
> the recently enacted OPEN Government Act also require changes to the
> system that had not been fully implemented as of the end of the fiscal
> year. Further, there has been a significant increase in complex cases,
> which require extensive searches for documents from other components,
> as well as high-level analysis.**
>
> **Additionally, since the implementation of our electronic submission
> process using an internet FOIA request form, we have received a huge
> surge of new requests. The feature went into production in January
> 2008, and SSA has thus received over 2,500 internet requests through
> this channel. This represents a significant workload increase.
> Further, a system glitch failed to alert us that the requests were
> received and pending; hundreds of requests were awaiting assignment
> until discovered by an eFOIA technician. SSA is working on a system
> fix to this problem. While we do have a "work-around," this glitch
> helped cause the growth in our backlog.**

B.  Consultations on FOIA Requests -- Received, Processed, and Pending
    Consultations

    -   The consultation portions of the Annual Report require
        information about consultations received from other agencies,
        not sent to other agencies.

> []{.mark}

1.  Provide the number of consultations received from other agencies,
    those processed, and those pending as described in Columns 1 through
    4.

2.  The number in Column 1 must match the number of "Consultations
    Received from Other Agencies That Were Pending at Your Agency as of
    [End]{.underline} of the Fiscal Year" from last year's Annual
    Report.

3.  The sum of Columns 1 and 2 minus the number in Column 3 must equal
    the number in Column 4.

  ------------------ ----------------- ------------------ ----------------
  Column 1           Column 2          Column 3           Column 4

  ------------------ ----------------- ------------------ ----------------

  ----------- ----------------------- ------------------------ ------------------------- -----------------------
              **Number of             **Number of              **Number of Consultations **Number of
              Consultations Received  Consultations            Received from Other       Consultations Received
              from Other Agencies     [Received]{.underline}   Agencies that Were        from Other Agencies
              that Were               from Other Agencies      [Processed]{.underline}   that Were
              [Pending]{.underline}   During the Fiscal Year** by Your Agency During the [Pending]{.underline}
              at Your Agency as of                             Fiscal Year**             at Your Agency as of
              [Start]{.underline} of                                                     [End]{.underline} of
              the Fiscal Year**                                                          the Fiscal Year**

  **AGENCY    0                       1                        1                         0
  OVERALL**                                                                              
  ----------- ----------------------- ------------------------ ------------------------- -----------------------

> C. Consultations on FOIA Requests -- Ten Oldest Consultations Received
> from Other Agencies and Pending at Your Agency
>
> 1\. Provide the dates of receipt of the ten oldest consultations
> received from other agencies pending at your agency as of the end of
> the fiscal year.

<table>
<colgroup>
<col style="width: 12%" />
<col style="width: 12%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 12%" />
</colgroup>
<tbody>
<tr class="odd">
<td rowspan="2"><strong>Agency Overall</strong></td>
<td><strong>10<sup>th</sup> Oldest Consultation and Number of Days
Pending</strong></td>
<td><strong>9<sup>th</sup></strong></td>
<td><strong>8<sup>th</sup></strong></td>
<td><strong>7<sup>th</sup></strong></td>
<td><strong>6<sup>th</sup></strong></td>
<td><strong>5<sup>th</sup></strong></td>
<td><strong>4<sup>th</sup></strong></td>
<td><strong>3<sup>rd </sup></strong></td>
<td><strong>2<sup>nd</sup></strong></td>
<td><strong>Oldest Consultation and Number of Days Pending</strong></td>
</tr>
<tr class="even">
<td><p>Date</p>
<p>Number of Days</p></td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
</tr>
</tbody>
</table>

> D. Comparison of Numbers of Requests from Previous and Current Annual
> Report -- Requests Received, Processed, and Backlogged
>
> 1\. Provide the number of requests received and the number of requests
> processed during
>
> the fiscal year from last year's Annual Report and the number of those
> received and processed during the fiscal year from the current Annual
> Report.

2.  The numbers in Columns 1 and 2 must match the "Number of Requests
    Received in Fiscal Year" from Section V, A of the Annual Report from
    last year and from this year respectively. The numbers in Columns 3
    and 4 must match the "Number of Requests Processed in Fiscal Year"
    from Section V, A of the Annual Report from last year and from this
    year respectively.

  ----------- -------------------------- --------------- ----------------- --------------
              **NUMBER OF REQUESTS                       **NUMBER OF       
              [RECEIVED]{.underline}**                   REQUESTS          
                                                         [PROCESSED        
                                                         ]{.underline}**   

              **Number Received During   **Number        **Number          **Number
              Fiscal Year from Last      Received During Processed During  Processed
              Year's Annual Report**     Fiscal Year     Fiscal Year from  During Fiscal
                                         from Current    Last Year's       Year from
                                         Annual Report** Annual Report**   Current Annual
                                                                           Report**

  **AGENCY    18,995,845                 34,444          18,995,719        34,666
  OVERALL**                                                                
  ----------- -------------------------- --------------- ----------------- --------------

> Column 1 Column 2 Column 3 Column 4
>
> 3\. Starting with the Annual Report for Fiscal Year 2009, provide the
> number of backlogged requests as of the end of the fiscal year from
> the previous Annual Report and the number of backlogged requests as of
> the end of the fiscal year from the current Annual Report.
>
> a\. The numbers in Columns 1 and 2 must match the "Number of
> Backlogged
>
> Requests as of End of Fiscal Year" from Section XII, A of the previous
> Annual Report and of the current Annual Report respectively.

+---------------+--------------------------+---------------------------+
|               | **Number of Backlogged   | **Number of Backlogged    |
|               | Requests as of End of    | Requests as of End of the |
|               | the Fiscal Year from     | Fiscal Year from Current  |
|               | Previous Annual Report** | Annual Report**           |
+---------------+--------------------------+---------------------------+
| **AGENCY**    | 125                      | 147                       |
|               |                          |                           |
| **OVERALL**   |                          |                           |
+---------------+--------------------------+---------------------------+

> E. Comparison of Numbers of Administrative Appeals from Previous and
> Current Annual Report -- Appeals Received, Processed, and Backlogged
>
> 1\. Provide the number of administrative appeals received and the
> number of administrative appeals processed during the fiscal year from
> last year's Annual Report and the number of those received and
> processed during the fiscal year from the current Annual Report.
>
> 2\. The numbers in Columns 1 and 2 must match the "Number of
> Administrative Appeals Received in Fiscal Year" from Section VI, A of
> the Annual Report from last year and from this year respectively. The
> numbers in Columns 3 and 4 must match the "Number of Administrative
> Appeals Processed in Fiscal Year" from Section VI, A of the Annual
> Report from last year and from this year respectively.

  ----------------- ----------------- ----------------- -----------------
  Column 1          Column 2          Column 3          Column 4

  ----------------- ----------------- ----------------- -----------------

+----------+-------------+--------------+-------------+-------------+
|          | **NUMBER OF |              | **NUMBER OF |             |
|          | APPEALS     |              | APPEALS     |             |
|          | [R          |              | [PR         |             |
|          | ECEIVED]{.u |              | OCESSED]{.u |             |
|          | nderline}** |              | nderline}** |             |
+----------+-------------+--------------+-------------+-------------+
|          | **Number    | **Number     | **Number    | **Number    |
|          | Received    | Received     | Processed   | Processed   |
|          | During      | During       | During      | During      |
|          | Fiscal Year | Fiscal Year  | Fiscal Year | Fiscal Year |
|          | from Last   | from Current | from Last   | from        |
|          | Year's      | Annual       | Year's      | Current     |
|          | Annual      | Report**     | Annual      | Annual      |
|          | Report**    |              | Report**    | Report**    |
+----------+-------------+--------------+-------------+-------------+
| **       | 73          | 52           | 70          | 74          |
| AGENCY** |             |              |             |             |
|          |             |              |             |             |
| **O      |             |              |             |             |
| VERALL** |             |              |             |             |
+----------+-------------+--------------+-------------+-------------+

> 3\. Starting with the Annual Report for Fiscal Year 2009, provide the
> number of backlogged administrative appeals as of the end of the
> fiscal year from the previous Annual Report and the number of
> backlogged administrative appeals as of the end of the fiscal year
> from the current Annual Report.
>
> a\. The numbers in Columns 1 and 2 must match the "Number of
> Backlogged Appeals as of End of Fiscal Year" from Section XII, A of
> the previous Annual Report and of the current Annual Report
> respectively.

  ----------------- -------------------------- ---------------------------
                    Column 1                   Column 2

  ----------------- -------------------------- ---------------------------

+---------------+--------------------------+---------------------------+
|               | **Number of Backlogged   | **Number of Backlogged    |
|               | Appeals as of End of the | Appeals as of End of the  |
|               | Fiscal Year from         | Fiscal Year from Current  |
|               | Previous Annual Report** | Annual Report**           |
+---------------+--------------------------+---------------------------+
| **AGENCY**    | 23                       | 1                         |
|               |                          |                           |
| **OVERALL**   |                          |                           |
+---------------+--------------------------+---------------------------+

> F. Discussion of Other FOIA Activities (Optional)

1.  Provide here any further information about the agency's efforts to
    improve FOIA administration.

> **As we indicated in the 2007 Annual Report, OPD will continue to make
> changes to our internal staffing to maximize the effectiveness of our
> program. We recently hired a new Deputy Executive Director, two new
> Division Directors, four new higher-level staff members, and one
> upper-level college intern. We hope these changes to our internal
> infrastructure will increase production. We also hold weekly old case
> meetings, as well as weekly management meetings to assess workloads.
> In 2009, we plan to focus on education and training, not only of our
> own personnel but our requesters, as well. Not only is an informed
> requester able to properly direct a request but also narrow the scope
> to the appropriate level of specificity, resulting in a more effective
> and less expensive search. We plan to accomplish this through
> comprehensive Web guidance and links to beneficial resources. Further,
> specialized training is critical to the success of SSA's FOIA program.
> Along these lines, we have contacted the Department of Justice (DOJ)
> to arrange for specialized training for our processing
> professionals.**
>
> **OPD is committed to eliminating our backlog and continually seeks
> alternative ways to accomplish this goal. We are also considering
> having staff members work compensatory time with added incentives to
> maximize and encourage participation. Given our FY 2008 actual
> experience and the increasing challenges we have faced concerning
> existing staff and the overall increase in incoming complex cases and
> internet requests, we hope our goals for decreasing the backlog will
> remain on target in FY 2009.**

[^1]: This total reflects a significant decrease due to the recent
    reporting requirement change on how Privacy Act (PA) requests are
    reported. SSA receives a voluminous amount of first-party access
    requests that do not invoke any portion of the FOIA Statute. Per the
    new DOJ guidance that states "...agencies shall only include Privacy
    Act (PA) requests in the Annual FOIA Report if the FOIA is utilized
    in any way to process the request," we have not included our
    first-party access requests in this year's report. However, we do
    not believe this distinction accurately represents our FOIA/PA
    request workload, as the same access processing professionals
    respond to both types of requests.

[^2]: Due to a recent system change that permits requesters to file
    requests electronically, this total also reflects an increase in the
    volume of internet requests we received throughout this reporting
    period.

[^3]:
    > SSA grants expedited processing if it involves an imminent threat
    > to a person's life or physical safety; if the request is made by a
    > member of the media to obtain information that the public has an
    > urgent need to know and the records would cover an actual or an
    > alleged Federal Government activity; or if the individual explains
    > in detail that he or she may be denied a legal right, benefit, or
    > remedy without the requested information.

[^4]: SSA recently developed an automated tool to better track our
    requests in line with the recently enacted changes to the FOIA. This
    new tool required significant reprogramming of our system, entitled
    "eFOIA," and we were unable to fully develop and implement it to
    track all of FY 2008 FOIA activity in time for this year's report;
    therefore, all totals are our best estimate.

[^5]: See previous footnote.

[^6]: We review requests for fee waivers on a case-by-case basis. Only
    the SSA FOI Officer may waive or reduce a fee (in excess of \$7.50).
    We usually grant a fee waiver when it has been determined that
    furnishing the information will primarily benefit the general
    public. We normally grant fee waivers from members of the media and
    educational and scientific institutions when there is limited search
    time or duplication involved with the request.