Regulations Allow SSA to Ban Individuals

September 30, 2011

Author: Louise M. Tarantino| Catherine M. Callery (Kate)

SSA published regulations effective September 2, 2011, which allows it to ban certain individuals from entering its offices. Citing the rising number of threats of violence against SSA personnel, SSA promulgated a final rule permitting the banning of any individual who (1) uses force or threats of force against SSA personnel or offices, including sending threatening letters or other communications; (2) engages in disruptive conduct that impedes SSA personnel from performing their duties; or (3) engages in disruptive behavior that prevents members of the public from obtaining services.

The regulations provide that a ban will be issued only after an agency manager determines that the individual poses a threat to the safety of SSA personnel or visitors, SSA offices, or the operational effectiveness of the agency.  The banned individual will be provided with written notice of the ban, which will inform the individual that the ban applies to all SSA offices nationwide.  Individuals will be provided with in-person services only if no alternative means, such as using the toll-free number, or the internet, are available. The notice will also provide specific details of the prohibited conduct that served as the basis for the ban. 

A banned individual may appeal the ban within sixty days of the notice with a written request that clearly states why the ban should be lifted and provides relevant documentation that supports removal of the restriction, including medical documentation, applicable psychiatric evaluations, work history, and any criminal record.  The banned individual must prove by a preponderance of the evidence (meaning that it is more likely than not) that he or she no longer poses a threat to the safety of SSA personnel, visitors, offices, or the operational effectiveness of the agency.  The ban will remain in effect while the appeal is pending. The banned individual may also request periodic review of the ban decision, but these reviews are limited to every three years beginning with the date of the original notice of the ban, or the appeal decision. 

SSA has determined that it had good cause for dispensing with the usual notice and comment period before issuing these regulations, again citing the dramatic rise in the number of threats to SSA personnel and property.  The rule is now found at 20 C.F.R. §422.901 et seq.  SSA is, however, inviting public comments, which are due by November 1, 2001.  See 76 Fed. Reg. 54700 (September 2, 2011), available at http://www.gpo.gov/fdsys/pkg/FR-2011-09-02/pdf/2011-22492.pdf.