Mr. Schofield consulted with a colleague in the Office of Policy and with counsel in the Office of General Counsel (“OGC”) to make sure he was correct in his initial analysis that the request was illegal. These individuals confirmed his view that adding dates of death to individuals’ records for whom there is no evidence of death would be contrary to law and regulation. In an effort to provide an alternative solution rather than just saying no outright to DHS’s request, Mr. Schofield and his colleagues began discussions to identify a legal course of action to respond in some way to DHS since he understood that SSA leadership had approved the request.
Mr. Schofield then notified his supervisor, Acting Deputy Commissioner Doris Diaz, of his concerns about the illegal nature of the request and she too agreed that it was illegal to add dates of death to Numident without proof of death. Ms. Diaz told Mr. Schofield that she would tell her superiors that the office could not list individuals as dead within the Numident system without death dates and proof of their deaths. Mr. Schofield believes that she then discussed this with her superior, Acting Commissioner Dudek.