TN 3 (01-13)

GN 02615.135 Other Clark Court Order Case Processing Issues

A. Case processing issues

In addition to relief payments, you need to determine if other issues may apply when processing a Clark relief case.

1. Medicare Part B

We will provide Clark class members with Medicare relief if they lost or refused their Medicare Part B (medical insurance) entitlement in connection with a PPV warrant suspension. For instructions on processing Clark Medicare relief, see GN 02615.140.

2. Multiple warrants

For instructions on processing cases with multiple warrants, see GN 02615.120C.

3. Missed continuing disability reviews (CDRs) during suspension

We schedule CDRs at selected intervals for Clark Class Members as for other beneficiaries. The Clark Court Order does not affect our statutory requirement to schedule CDRs at selected intervals. For information on the CDR review process, see DI 28001.000.

After we resume monthly benefits, we will select the Class Member for a CDR during the regular CDR review operation. For information on the CDR diary process, see DI 26525.001.

4. Deceased beneficiaries

Pay any Clark payment relief due a deceased (LAF T1) Class Member following instructions in GN 02301.030. For information on the written request necessary for paying a death underpayment, see GN 02301.050.

5. Returned checks

If you receive a returned Clark reinstatement check, follow returned check procedures in SM 01315.010. For information on returning a check to the Department of the Treasury, see SM 01315.015.

6. Processing concurrent cases (entitlement or eligibility to both title II and title XVI monthly benefits)

Process concurrent Clark Court Order cases independently following each title’s relief processing instructions. For instructions on processing title II Clark relief, see GN 02615.120. For instructions on processing title XVI Clark relief, see GN 02615.180.

7. Continuing suitability of representative payees

For instructions on processing a Clark case with continuing representative payee suitability issues, see GN 02615.115D.

B. Federal court previously decided PPV issue

If you receive information that a beneficiary’s record shows a final federal court PPV suspension or overpayment issue disposition, take no action on the case based on the Clark Court Order. Refer these cases via email to the Office of General Counsel (OGC) at: ^OGC OPL Controls @ssa.gov. In the email subject line type, “Clark Court Order Case – final federal court disposition.” Provide the beneficiary’s name and social security number (SSN) in the body of the email.

C. Clark Court Order Inquiries

For processing instructions for handling public inquiries related to the Clark Court Order, see GN 02615.190.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202615135
GN 02615.135 - Other Clark Court Order Case Processing Issues - 03/15/2013
Batch run: 03/15/2013
Rev:03/15/2013