If it is determined in GN 00204.048E in this section that we need to contact an auxiliary, inform the beneficiary of the
possible change of MOEL due to the material change in earnings and offer the opportunity
for him or her to select a month of entitlement based on the new options. Make sure
to explain the potential effects of the MOEL changes and emphasize that when to elect
benefits is a personal decision based on their personal circumstances. for explaining
MOEL options, see GN 00204.039C.
Cover the following points as needed when discussing MOEL options:
explain a CDB’s Medicare eligibility waiting period would be extended by adjusting
the MOEL to a future date;
explain how the spouse is subject to the “deemed filing” rule (see GN 00204.035) or earnings enforcement; and
explain how the MOEL adjustment can result in a denial or termination of benefits.
Document the beneficiary’s MOEL decision in the Paperless Action Control Record (ACR)
and set it to “long-term retention”.
NOTE: If you are contacting an AUX and they defer to the NH for the MOEL decision (i.e.,
NH lives with the AUX), cover the same information in GN 00204.048F in this section with the NH and explain the appeal process described in GN 00204.048H in this section.