Alien dependents or survivors filing for or receiving payments on the record of a
NH who has been removed may also be affected by the removal provisions. (See RS 02635.001D.4.)
Follow steps 1-4 in RS 02635.020A in this section when processing survivor claims if an alert or other information
indicates the NH was removed prior to death and a determination has never been made
as to whether nonpayment under the removal provisions would have applied if they were
still alive. (In step 4, discuss the NH's removal record with their survivor(s) and
determine if the NH was ever granted LAPR status after the removal.)
If the NH is subject to nonpayment under the removal provisions (or would be if still
alive), determine the citizenship of each dependent/survivor. See GN 00303.300 for
evidentiary requirements if U.S. citizenship is alleged.
1. Dependent or Survivor is U.S. citizen
Initiate or continue benefits without further action.
2. Dependent or Survivor is Alien in the United States
Step
|
Action
|
1
|
Obtain a statement from the dependent or survivor (or their payee) describing any
absence(s) from the United States (no matter how short) during the retroactive period
that would prohibit payment under the removal provisions. (See RS 02635.001D.4) Absent information to the contrary, accept allegations of no absence or continued
absence throughout the entire retroactive period without further evidence.
|
2
|
If absences are alleged for some but not all retroactive months, request proof of
continued presence in the United States for any calendar month where no absence is
alleged and benefits are otherwise payable. (See RS 02610.023D)
|
3
|
If necessary, apply suspension (LAF SK) and initiate overpayment action for any months
of absence determined under Steps 1 and 2.
|
4
|
Initiate or continue payment of current benefits if no current or future absence is
anticipated and the lawful presence requirements (if applicable) are met. (See RS 00204.000)
|
5
|
Have the beneficiary (or payee) sign a statement agreeing to report any future departure
from the United States.
|
6
|
Annotate the Special Message field of the Master Beneficiary Record (MBR) to suspend
payments if the beneficiary leaves the United States.
|
3. Dependent or Survivor is Alien outside the United States
Step
|
Action
|
1
|
Determine the months for which benefits are to be suspended (see RS 02635.001D.4). Follow Step 2 under RS 02635.020D.2 for evidence required if uninterrupted presence in the United States for a full calendar
month during the retroactive period is alleged and benefits are otherwise payable.
|
2
|
In initial claims, the Federal Benefits Unit (FBU) should advise the claimant (or
payee) of the need to suspend current and future benefits under the removal provisions.
If the dependent or survivor is already receiving benefits, send a 30-day advance
notice of suspension and diary for 45 days. (See RS 02635.020E. for location of removal paragraphs.)
|
3
|
Suspend benefits (LAF SK) for any month the beneficiary was not in the United States
for a full calendar month and initiate overpayment action if necessary. (See RS 02635.020E)
|
4
|
Notify the beneficiary of the suspension. (See RS 02635.020E)
|
5
|
Annotate the Special Message field of the MBR that the dependent or survivor cannot
receive benefits under the removal provisions as long as they are is outside the U.S.
for any part of a month.
|