The parties to a prerelease agreement are SSA and the institution (or the agency that administers more than one institution). An FO or an RO can establish a prerelease agreement. The agreement can be for one facility or for multiple facilities (e.g., for all the facilities in a State or a county).

FOs should use the model prerelease agreement in SI 00520.930, Exhibit 1, as a framework for new agreements. ROs may use the model agreement or consult previous statewide prerelease agreements when developing a new prerelease agreement for a State prison system.

An agreement may be formal (a written agreement signed by both parties) or informal (an unsigned written agreement or a verbal agreement).

An FO can have an informal prerelease agreement for a single claim. If the FO receives an inquiry from an institution to initiate a claim for an institutionalized person, the FO can use the prerelease procedure if the institution allows the individual to communicate with SSA and provides information necessary to process the claim. An informal one-time agreement could lead to a more comprehensive prerelease agreement between the FO and the institution.

For a list of responsibilities that SSA and the institution typically have under a prerelease agreement, see SI 00520.930, Exhibit 1 (Model Prerelease Agreement Between SSA and Non-BOP Institution).

DDS participation in the prerelease agreement process is very important. The DDS works with FOs and the institution to facilitate and provide feedback to improve the process of getting medical evidence.

ROs will review the use of prerelease agreements annually (e.g., conduct surveys of the FOs for status of the prerelease agreements in their areas) and take appropriate action to ensure that all staff are aware of, and fully utilize, the procedure.

The BOP has agreed to:

1. a. 

   Provide guidelines to BOP facilities to maintain consistent procedures nationwide. Provide BOP facilities with the procedures for working with the local SSA FO to develop any additional local procedures that may be necessary to achieve the desired results.

2. b. 

   Appoint a national BOP liaison to serve as the point of contact for SSA headquarters staff. Appoint one point of contact at each BOP correctional facility to assist the local servicing SSA office with inquiries and concerns regarding prerelease claims. Appoint one point of contact at each BOP correctional facility for SSA to send the SSA-827 for obtaining medical records.

3. c. 

   Notify SSA servicing office points of contact of changes in BOP points of contact.

4. d. 

   Provide inmates access to eligibility information for Title II benefits and SSI.

5. e. 

   Provide inmates with the necessary SSA forms and contact information for the local servicing SSA office that will process the inmates’ prerelease claims.

6. f. 

   Permit the inmate to contact SSA FO staff to apply for benefits and to discuss other matters necessary for processing the inmate's prerelease claim(s), using existing methods as permitted. Under no circumstances will BOP staff - in any formal or informal capacity - perform any responsibilities or duties of SSA, such as formally reviewing an inmate's application to ensure compliance with SSA requirements or making any SSI eligibility determinations.

7. g. 

   For conditional release and skilled nursing care cases: Inform inmates they must add a comment within the SSI and/or Title II application’s REMARKS section (or provide a verbal statement to the SSA employee if filing over the phone) that their case is a conditional release or skilled nursing care case. This will ensure SSA adjudicates their claim properly.

8. h. 

   Inform inmates that for SSA to disclose information to the BOP, the inmate must sign the modified form SSA-3288 (Consent for Release of Information), located at Exhibit 3 in SI 00520.930, and provide the form to SSA.

9. i. 

   Inform inmates of the need for the inclusion of a signed medical release form SSA-827 (Authorization to Disclose Information to the Social Security Administration) and medical history form SSA-3368 (Disability Report - Adult) with the application when the inmate files for disability benefits under Title II or SSI.

10. j. 

    Provide all requested medical evidence upon receipt of the SSA-827 consistent with SSA guidelines and recommendations of the DDS.

11. k. 

    Inform inmates filing a prerelease claim to notify the local SSA FO if there is a change in their release date.

12. l. 

    Track all prerelease claim referrals and respond to any local servicing office inquiries.

13. m. 

    Provide the released inmate with documents to verify the inmate’s formal release date from custody (e.g., Release and Gratuity form, Notice of Release and Arrival).

14. n. 

    Advise inmates that they must contact the servicing SSA FO when they leave the BOP facility and provide SSA with their new address and phone number (e.g., home, BOP-contracted facility, different correctional institution, skilled nursing facility, mental health group home). For conditional release and skilled nursing care cases, also advise the inmate to remind SSA their case is a conditional release or skilled nursing care case. This will facilitate the timely processing of their SSI and/or Title II claim.

15. o. 

    Not discourage Residential Reentry Center (RRC) contractors or RRC contractor staff from facilitating access to SSA FOs for inmates who wish to apply for benefits or have already begun the application process.

SSA has agreed to:

1. a. 

   Provide national guidelines for SSA FOs for processing prerelease claims for BOP inmates. Within those guidelines, SSA FOs will work with their local BOP facilities to develop additional local procedures that may be necessary to achieve desired results.

2. b. 

   Appoint a national SSA liaison to serve as the point of contact for BOP headquarters staff. SSA will appoint one point of contact at each local SSA office that services each BOP correctional institution or BOP-contracted facility or facilities to assist with inquiries and claims. The SSA office that services a BOP facility will be responsible for processing prerelease claims for inmates in that BOP facility.

3. c. 

   Notify the BOP points of contact of changes in SSA servicing office points of contact.

4. d. 

   Receive and process an inmate’s signed consent form SSA-3288 (Consent for Release of Information), which is required prior to release of information to BOP staff involved with processing the inmate’s prerelease claim. The SSA-3288, pre-filled with language specific to this agreement, is Exhibit 3 in SI 00520.930.

5. e. 

   Provide BOP with information to share with inmates regarding eligibility requirements for Title II benefits and SSI.

6. f. 

   Provide BOP with all necessary application forms (including the SSA-827 (Authorization to Disclose Information to the Social Security Administration)), instructions, and a checklist of the necessary forms (e.g., SSA-8001. SSA-3368) for distribution to inmates who wish to apply for Title II or SSI. Provide updates to forms and instructions as changes occur. Process prerelease applications as permitted under existing policies and procedures.

7. g. 

   Mail the completed form SSA-827 (Authorization to Disclose Information to the Social Security Administration) directly to the point of contact at the BOP facility that maintains the inmate’s medical records.

8. h. 

   Process claims under the prerelease procedure using the following timeframes:

   • •

     For Title II and SSI disability claims: apply prerelease procedures to claims received within 120 days prior to the inmate’s scheduled date of release from BOP custody or 120 days prior to the home confinement placement date.

   • •

     For Title II retirement and survivor’s claims, as well as SSI aged claims (age 65 or older): apply prerelease procedures to claims received within 30 days prior to the inmate’s scheduled date of release from BOP custody or 30 days prior to the home confinement placement date.

9. i. 

   For conditional release cases:

   • •

     SSI claims: Hold medically approved claims for up to 180 days before adjudicating. The BOP cannot request a release hearing before a Federal judge for the inmate until there is a favorable medical allowance, which signals a funding source (i.e., SSI/Medicaid) upon release. The additional time will give BOP sufficient time to locate a facility to place the inmate, to present the release plan to the judge, and for the judge to approve release from the BOP facility.

   • •

     Title II claims: Adjudicate the claim to suspension. Once the inmate is released, follow the Title II procedures for post-entitlement reinstatement.

10. j. 

    For skilled nursing care cases:

    • •

      SSI claims: Hold medically approved claims for up to 180 days before adjudicating. The BOP is unable to contact skilled nursing facilities for placement of the inmate until there is a favorable medical allowance. The additional time will allow BOP sufficient time to find the inmate permanent placement in a skilled nursing facility before they release the inmate from the BOP facility.

    • •

      Title II claims: Adjudicate the claim to suspension. Once the inmate is released, follow the Title II procedures for post-entitlement reinstatement.

11. k. 

    Follow existing SSA procedures when the BOP facility releases an inmate who has filed a prerelease claim and leaves the service area of the local SSA office. The local SSA office will transfer the prerelease claim to the SSA office that services the inmate’s new address. In doing so, the local SSA office will follow existing SSA procedures for the electronic transfer of claims.

    For pending prerelease claims, when the inmate transfers from a BOP facility in one location to a BOP facility or home confinement in another location, SSA will transfer the prerelease claim to the new local servicing SSA FO.

    SSA acknowledges that some BOP inmates affected by this MOU are housed in residential reentry centers (RRCs). Such inmates are, thus, in facilities operated by contractors, and not in institutions operated by the BOP. Such RRC contractors are not parties to this MOU, and this MOU will not be incorporated via modification to such RRC-BOP contracts. As such, the BOP cannot require RRC contractors to perform any specific actions to facilitate such inmate access.

12. l. 

    Ensure that the SSA servicing office reviews prerelease procedures with the local BOP facility on an as-needed basis and whenever there is a change in policy or procedure that necessitates review.

13. m. 

    Make reasonable efforts to process prerelease claims in a timely manner to facilitate inmates’ continuity of care.

14. n. 

    Notify the inmate of the Title II or SSI eligibility determination.