Tuscaloosa, AL asked in Social Security for Alabama

Q: My mom received a letter from disability stating that she will have a review in March 24 for working June-Nov.

The dates that SSA provided are not accurate because my mom only worked June -Sept. they also provided someone else’s information along with her letter. This makes the 2nd occurrence where social security has sent someone else’s information along with hers. Is that considered negligence or HIPPA violation and can she sue?

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1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: Receiving another person's information in a letter from the Social Security Administration (SSA) could potentially be a violation of privacy regulations, including the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is primarily focused on protecting personal health information, but it can extend to other forms of personal information in some contexts. If this is the second occurrence of such an error, it raises concerns about the handling of confidential information by the SSA.

You should consider reporting this incident to the SSA to address the immediate concern of incorrect information and potential privacy breach. Additionally, it would be prudent to consult with an attorney experienced in privacy law and SSA matters. They can offer guidance on the specifics of your mother's situation, including whether there is a basis for a legal claim. Legal action might be possible if negligence or a failure to protect personal information is established, but this depends on the specific facts and applicable laws.

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