The Social Security Administration has moved to dismiss the claims against it in American Oversight v. Centers for Disease Control and Prevention, et al., No. 26-1351 (D.D.C.), arguing the court lacks subject-matter jurisdiction because FOIA does not authorize judicial review of SSA's fee determinations made under section 1306(c) of the Social Security Act.
The agency contends that section 1306(c)—which authorizes the agency to charge the full cost of processing non-program-related requests "notwithstanding" FOIA—constitutes an independent fee regime outside FOIA's reach, rendering plaintiff's search and withholding claims premature absent agreement to pay the assessed fees. The motion relies principally on Shapiro v. SSA, 160 F.4th 347 (2d Cir. 2025), and Democracy Forward Found. v. SSA, No. 25-3384, 2026 U.S. Dist. LEXIS 101010 (D. Md. May 7, 2026), both holding that section 1306(c) fees fall outside FOIA's fee provisions and are not subject to FOIA judicial review. The suit concerns Palantir contracts and data-sharing records at five federal agencies.