Social Security Refines Disability Records Privacy
Published Date: 1/9/2026
Notice
Summary
The Social Security Administration is updating its records system for disability exam providers to keep things clear and accurate. This change affects anyone involved with disability exams and kicks in right away, with some new rules starting February 9, 2026. They’re also asking for public feedback by that date—no cost changes, just smoother info handling!
Analyzed Economic Effects
6 provisions identified: 0 benefits, 6 costs, 0 mixed.
DOJ Access for Investigations
Starting February 9, 2026, SSA may disclose records about consultative exam (CE) providers to the Department of Justice (DOJ) to investigate and prosecute violations of the Social Security Act and to investigate fraud or civil rights issues. This applies to individuals who provide CEs, such as licensed doctors, psychologists, social workers, nurses, audiologists, and speech/language pathologists.
Licensing Boards May Receive Records
Beginning February 9, 2026, SSA may disclose CE provider records to Federal, State, and local professional licensing boards when the records indicate a violation of ethical conduct by a current or former employee or provider who is seeking or holds a license. This affects licensed CE providers named in the DDS CE Provider File.
Treasury Do Not Pay Disclosures
Effective February 9, 2026, SSA may disclose records to the U.S. Department of the Treasury when relevant to review payment and award eligibility through the Do Not Pay Working System to identify, prevent, or recoup improper payments to applicants or recipients of Federal funds, including state-administered federally funded programs.
Law Enforcement & Security Disclosures
Effective February 9, 2026, SSA may disclose CE provider records to Federal, State, and local law enforcement agencies and private security contractors when necessary for the safety and security of SSA employees, customers, and facilities or to assist investigations. The disclosure authority covers records about consultative exam providers and related information.
Agency Use for Hiring and Clearances
As of February 9, 2026, SSA may disclose CE provider records to Federal or State agencies in connection with hiring decisions, security clearances, suitability investigations, job classification, contract awards, or decisions to issue a license, grant, or other benefit. The disclosure is allowed when the receiving agency needs the information for those decisions.
Expanded Storage and Retrieval Rules
SSA updated where and how it keeps CE provider records: records may be stored in State DDS offices, an SSA centralized location, and in cloud-based services, and SSA will retrieve records by employer identification number (EIN) or the CE provider's Social Security number (SSN). The system includes names, SSNs or EINs, license numbers, ID images, fees received for CEs, and other provider information.
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