Effective Dates: 11/19/2010 - Present Previous | Next

TN 13 (11-10)

SI 02003.005 Requirements for Valid IAR Authorizations

An IAR authorization is an individual's written permission for SSA to withhold the individual's initial claim or post-entitlement SSI payment and send it to the State to reimburse the State for interim assistance provided to the individual.

NOTE: The eIAR system has not changed the authorization process.

A. Policy for what an IAR authorization includes

A valid IAR authorization form must include language that explains:

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    the effective life of the authorization;

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    when the effective life of the authorization can be extended beyond 12 months;

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    that the State will send the individual a written notice explaining the amount of IA payments paid to the recipient;

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    that SSA will send the individual a notice about how any remaining SSI benefits will be released by SSA after reimbursing the State;

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    that the individual has the right to a hearing before the State; and

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    that the authorization must contain protective filing language when used for an initial claim.

NOTE: All IAR States use authorization forms approved by SSA so the authorizations contain all the required language.

See details:

SI 02003.006, Effective Life of an IAR Authorization

SI 02003.007, IAR Authorization Used as Protective Filing

B. Policy on signature requirements for IAR authorizations

1. Signature requirements for an IAR

To be valid, an IAR authorization must be:

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    Signed and dated by the individual and the State; and

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    Sent to SSA by the State by mail, FAX, or an electronic process no later than 30 calendar days after the date the individual signed the authorization. For an automated State, the notification time period is 30 calendar days from the date the State matches the applicant’s record on the State’s general assistance eligibility file with a pending SSI record.

2. IAR authorizations not received within 30 days

If we receive the IAR authorization more than 30 calendar days after the date the individual signed the authorization, it is not effective. We must return any late authorization to the State. For procedures on returning an authorization to the State, see SI 02003.020D.

3. Who must sign an IAR authorization

One of the following individuals must sign the IAR authorization:

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    the applicant;

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    a parent if the applicant is a child;

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    a legal guardian if the applicant is legally incompetent; or

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    the representative payee.

The State IAR representative must sign the State's portion of the authorization on behalf of the State IAR agency.

4. When the State cannot sign IAR authorization for the applicant

The representative of a State IAR agency cannot sign the applicant’s portion of the signature line of the authorization on behalf of the applicant if the State IAR agency is also the legal guardian or payee applicant for the IAR applicant.

The State signing in this manner would result in a potential conflict of interest between the applicant’s financial interest and the State IAR agency's financial interest. In potential conflict of interest situations, the FO should return the authorization to the State with the following notation: “IAR authorization is returned because it does not contain a valid IAR applicant’s signature.”

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502003005
SI 02003.005 - Requirements for Valid IAR Authorizations - 11/19/2010
Batch run: 05/09/2011
Rev:11/19/2010