TN 23 (01-17)

GN 02604.435 Imposing the Administrative Sanction

A. Person does not request reconsideration

If the person does not request reconsideration, the period of nonpayment or ineligibility for benefits begins on the first day of the second month following the last day of the period for requesting the reconsideration and ends on the last day of the final month of the sanction period. For example, if the period for requesting reconsideration ends on 01/10, a 6-month period of nonpayment or ineligibility begins on 03/01 and ends on 08/31.

When the Regional Sanction Coordinator concurs on the sanctions determination and notice(s), FO technicians should impose the administrative sanction and release the notice(s) within 14 days. Untimely processing of an administrative sanction will create an overpayment on the record.

NOTE: If the person is not currently entitled or eligible for either Title II or Title XVI benefits when we impose the sanction, we will defer the sanction period until he or she is entitled or eligible to some payment under either Title II or Title XVI.

For more instructions on deferred sanctions, see instructions in GN 02604.435C in this section.

B. Person requests reconsideration

If the person requests reconsideration, the FO will process the reconsideration following the normal reconsideration process. Document the reconsideration determination on Form SSA-662 (Reconsideration Determination) or RPOC for Title II and Form SSA-8450 (District Office Record of SSI Reconsideration) or DROC for Title XVI. For concurrent cases, document the decision on both forms. (See GN 03102.450, GN 01010.360 and SI 04020.060C.) Notices for reconsideration determinations are now available on DPS under the PE menu. In addition, the “Reconsideration filed” date will appear in the Administrative Sanctions Tool (AS Tool). NOTE: FO technicians do not refer reconsideration determinations to the RSC for review.

For more information on Title II reconsideration, see GN 03102.000.

For more information on Title XVI reconsideration, see SI 04020.000.

1. Reconsideration affirms administrative sanction

If the reconsideration decision affirms the original decision, the period of nonpayment or ineligibility begins on the first day of the second month following the month we notify the person of our reconsideration determination and ends on the last day of the final month of the sanction. However, the sanction period cannot begin before the start date in the original notice. For example, if we issue a notice of our reconsideration decision on 08/31, a 6-month period of nonpayment or ineligibility begins on 10/01 and ends on 03/31 of the following year. The “Decision Affirmed” date is shown in the AS Tool.

NOTE: If the person is not currently entitled or eligible for either Title II or Title XVI benefits when we impose sanctions, we defer the sanction period until he or she is entitled or eligible to some payment under either Title II or Title XVI.

For more instructions on deferring sanctions, see instructions in GN 02604.435C in this section.

REMINDER: A new sanction period cannot begin before an existing period ends.

After reconsideration, the sanction period begins regardless of whether the person appeals the reconsideration decision.

NOTE: When we prepare the reconsideration notice, include the dates of the new sanction period in the RCN011 or RCN016 as part of the explanation of the decision. Update the Administrative Sanctions Tool with the determination.

2. Reconsideration reverses administrative sanction

If the reconsideration reverses the original decision, send a favorable reconsideration notice to the person. Update the Administrative Sanctions Tool with the determination.

3. Reconsideration request is not timely but you find good cause

If the FO finds good cause for late filing of the reconsideration request, take necessary actions to reinstate benefits from the original suspension date and make the reconsideration decision.

If the reconsideration affirms the sanction, follow instructions in GN 02604.435B.1 of this section.

If the reconsideration reverses the decision, follow instructions in GN 02604.435B.2 of this section.