The Alien Nonpayment Provision (ANP) is section 202(t) of the Social Security Act. Under the ANP, we suspend Title II benefits of non-U.S. citizens or nationals after six consecutive calendar months outside the United States, unless they meet one of the law’s exceptions, as outlined in RS 02610.010. 

In situations where a beneficiary has filed a reconsideration request of our decision to suspend benefits under the ANP, and we are affirming that our initial decision to suspend benefits was correct, we use Notice E4069 instead of Notice E3474. Notice E4069 is similar to Notice E3474 (described in NL 00703.474), but Notice E4069 contains language specific to the ANP.

Notice E4069 conveys that the circumstances described in the person’s request for reconsideration do not meet an exception in the law. Therefore, we cannot pay benefits for the months requested. The notice is located in the Aurora system.

REQUIRED:

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  E3474.1

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  ANP004 (for exhibit language and fill-ins for this UTI, see NL 00703.476C in this section)

REQUIRED (Must select only 1 of the following):

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  3474B

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  3474BF

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  3474C

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  3474CF

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  3474D

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  3474E

OPTIONAL:

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  REPC01

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  REP002

REQUIRED (Must select only 1 of the following):

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  CTDO

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  REF197

We sent you a notice dated *F1. The notice informed you that we approved your application for *F2 benefits starting *F3. We also informed you that we could not pay your benefits beginning *F4 because you:

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  were not a U.S. citizen or national;

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  were outside the United States for more than 6 months in a row; and

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  did not meet one of the exceptions in the law that would allow us to pay you.

*F5

Section 202(t) of the Social Security Act requires that we stop benefit payments to people who are not U.S. citizens or nationals starting the month after they have been outside the United States for six months in a row. This rule does not apply if they meet an exception provided in Section 202(t).  

The circumstances you described in your request for reconsideration dated *F6 do not meet an exception in the law. Therefore, we cannot pay you benefits for the months you requested.  

For more information, please read the enclosed pamphlet SSA Pub 05-10137, “Your Payments While You Are Outside the United States.”

Fill-ins:

*F1. Date of award notice (Month DD, YYYY)

*F2. Type of benefit (e.g. retirement, spouse)

*F3. Date of entitlement (Month YYYY)

*F4. Date benefits were suspended (Month YYYY)

*F5 Optional language to include if benefits have resumed: We paid you benefits beginning (Month YYYY) because you were in the United States every day of that calendar month.

*F6. Date of reconsideration request (MM/DD/YYYY)