An individual cannot be a U.S. resident and receive title VIII benefits. When an SVB-qualified individual leaves the U.S. with intention of establishing foreign residency to begin SVB payments, SSI payments are suspended effective with the first full calendar month in which the individual is outside (or expects to be outside) the U.S. The individual is advised of the SSI suspension and is provided appeal rights. If the individual appeals the SSI suspension for a month(s) alleging he or she has not relinquished U.S. residency, he or she cannot be found to be a foreign resident for that month(s). SVB entitlement will be delayed pending resolution of the SSI appeal.

Follow procedures in SI 04020.010 if an appeal of the SSI suspension establishing residency outside the U.S. is received before receipt of evidence of foreign residency (see VB 00205.155). When evidence of foreign residency is received for SVB entitlement:

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  Transfer jurisdiction of the SVB claim to the servicing CPS (see VB 00901.015), and

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  Update the San Francisco Intranet site with the date of transfer and CPS field office code.

When an individual appeals the suspension of SSI payments for absence from the U.S., send a notice to the individual advising him/her that a determination on SVB entitlement cannot be made until the SSI appeal is resolved. Use a dictated “blank” SVB notice available on FONS.

If the SSI appeal results in the denial of SVB entitlement, process the denial per VB 00901.011. If the “absence from the U.S.” determination is upheld, and the individual meets the requirements for SVB entitlement, process the SVB claim per VB 04001.001 and MSS00-075 (dated June 21, 2000).

Take no further action on the unresolved SSI overpayment pending further instructions.