TN 3 (02-02)

GN 02607.852 Reinstating Benefits to Individuals Found Incompetent to Stand Trial

A. PROCEDURE - REINSTATING BENEFITS TO INDIVIDUALS FOUND INCOMPETENT TO STAND TRIAL

1. Reinstatement of Benefits Because the Inmate is Officially or Conditionally Released

Reinstate benefits to individuals who are incompetent to stand trial when they meet the requirements found in GN 02607.850A.1. Do not reinstate benefits if an individual's commitment status changes from criminal (forensic) to civil. (Do not reinstate benefits because the court drops the criminal charges when it changes the inmate's commitment type from forensic to civil.) After the court changes the commitment status, SSA considers the inmate to be an "NGRI" and the incompetent to stand trial status is eliminated. Reinstate benefits as if the inmate is an NGRI per GN 02607.850.

2. Reinstatement of Benefits Because the Inmate is Competent to Stand Trial For Their Criminal Offense

Reinstate benefits when the court determines the individual is sane (competent) and able to stand trial. Do not withhold the individual's benefits while he/she is awaiting re-trial for the original criminal offense. This is true even if the individual remains incarcerated until his/her new trial. Suspend benefits when and if the court convicts the individual of a criminal offense and the individual would remain in a correctional institution for more than 30 continuous days.

EXAMPLE 1:

Bob is found incompetent to stand trial and confined to a mental institution, under court order, in connection with that finding. He is later found "sane" (competent). He is released from the institution and remanded to court to stand trial. Although Bob is still confined to jail pending his re-trial, benefits may be reinstated the first full month after his release from the mental institution. In this example, Bob was not convicted of any crime. The mental institution where he was confined, under court order, has officially released him and they are no longer meeting his basic living needs. If Bob is later convicted, his benefits will be suspended.

EXAMPLE 2:

Joan is found incompetent to stand trial and confined to a mental institution, under court order, in connection with that finding. She is later found un-restorable to competency and civilly (or voluntarily) committed. She is now considered an "NGRI" beneficiary. Benefits cannot be reinstated until she is no longer under the care and supervision of the mental institution and the mental institution stops meeting her basic living needs. Although the court dropped all criminal charges against her, benefits will not be reinstated.

B. PROCEDURE – FO AND PC INSTRUCTIONS FOR REINSTATING BENEFITS TO INCOMPETENT TO STAND TRIAL INDIVIDUALS

1. FO Instructions- Reinstating Benefits To Incompetent to Stand Trial Individuals

If the FO receives a request for reinstatement, take the following actions:

• Reinstate benefits to incompetent to an incompetent to stand trial individual only if:

  • he/she is released from the care and supervision of the institution, and

  • the institution no longer meets his/her basic living needs.

  (See GN 02607.850A.1. for instructions on determining if reinstatement applies.)

• Secure copies of all documents bearing on the issue of reinstatement; i.e., release documents, an order directing the individual's supervised release. etc, court orders, remand documents, commitment orders (civil or voluntary). See GN 02607.850B. for information on the release documents.

• You must review and determine if the beneficiary meets all factors of entitlement and eligibility before paying benefits; e.g., work deductions, no child in care deductions, etc. See GN 02602.005 for factors that may affect eligibility to title II benefits. See GN 02602.040 for instructions on the resumption of title II benefits after a period of suspension.

• Process the reinstatement action through POS/PUPS, if applicable, per GN 02607.860.

2. PC/OCO-ODO Instructions--Reinstating Benefits to Incompetent to Stand Trial Individuals

If the PC/OCO-ODO receives a request for reinstatement, take the following actions:

• Reinstate benefits to incompetent to an incompetent to stand trial individual only if:

  • he/she is released from the care and supervision of the institution, and

  • the institution no longer meets his/her basic living needs.

  (See GN 02607.850A.1. for instructions on determining if reinstatement applies. See GN 02607.850B. for instructions on determining if the release documents provided by the beneficiary are acceptable for reinstatement of benefits.)

If the beneficiary meets the requirements for reinstatement and all evidence is valid and complete, process the reinstatement action per GN 02607.860.

• If further development is needed to make a decision about the beneficiary's reinstatement, forward the information to the FO for development and subsequent processing. The FO will continue processing the reinstatement request to completion.