TN 6 (06-13)
GN 02615.180 Supplemental Security Income (SSI) Clark Relief Processing
A. Information on selected SSI cases
Systems selected, for relief processing, the SSI records meeting the class member criteria listed in GN 02615.100. The records selected have a warrant offense code in the Fugitive Felon SSA Control File (FFSCF) as listed in GN 02615.100B.1. All SSI class members selected for relief require a Redetermination (RZ) or a re-opening of the affected initial SSI application for reinstatement or effectuation of payments. Schedule and process an RZ, following instructions in GN 02615.180C in this section.
1. Locating selected records
You can locate class members with active records in Starz and Stripes the Next Generation (SSTNG) and Workload Listings RZ/LI (MI Central). Processing instructions for SSTNG cases are in GN 02615.180D in this section. SSTNG did not include class members with terminated records. Processing instructions for non-SSTNG cases are in GN 02615.180E in this section.
2. Determining processing category in the Civil Action Tracking System (CATS)
The selected class members may potentially be eligible for Clark relief on title II (T2), title XVI (T16), or both. Review the following to determine the processing category of your case:
If the SSR indicates that we selected the case for Clark relief, refer the cases to the ^Clark Order mailbox with the Subject: “CATS” to determine the processing category or categories of selected class members. The email reply from the mailbox will provide the Court Case Identifier (CCID) indicating the processing category for each case as shown in GN 02615.100D. If the SSR does not indicate that we selected the case for Clark relief, follow instructions in GN 02615.190C.2.
A class member with multiple CCIDs is a concurrent case. Process these cases according to instructions in GN 02615.180F in this section.
3. Reviewing warrant periods identified with a CCID of C4
Some selected cases may contain multiple or overlapping warrant periods which we identified as C4 in CATS. Use the following as guidance, if the case has:
a. Multiple periods that contain an N25 suspension month
Review the Office of Inspector General (OIG) Subject Status Date on the Fugitive Felon Warrant Status (FFSQ) screen on the FFSCF. Consider the parole or probation violation (PPV) warrant with a status date of October 24, 2006, or later as eligible for Clark. For more information on FFSCF, see GN 02613.100; or
If the FFSCF does not provide an OIG status date on the PPV warrant, review the full history of the current and any prior Supplemental Security Record (SSR) to identify the N25 suspension month(s). Locate the initial determination notice in the Online Retrieval System (ORS) by searching the entire corresponding N25 suspension period. For example, if the N25 suspension period is 01/09 through 03/09, locate the Notice of Planned Action in ORS using 01/01/09-03/31/09 in the Posting Date fields. Confirm that the notice date of the initial determination is October 24, 2006, or later.
If the notice date of the initial determination is October 24, 2006, or later, provide relief for the N25 period.
If the notice date of the initial determination is before October 24, 2006, and no appeal exists on the N25 suspension period, do not provide relief. If an appeal exists on the N25 suspension period, see GN 02615.185.
b. Overlapping periods for different warrants
If there are overlapping periods for different warrants, and one of the warrants includes an offense code for 4901, 4902, or 4999, that warrant takes precedence. Do not provide Clark relief for the N25 suspension months based on a code of 4901, 4902, or 4999.
B. Guidance for case processing
In order to provide Clark relief, complete an RZ back to the first PPV suspension month as stated in GN 02615.100. Consider the following guidance for processing these cases.
1. Initial claim pending after a N25 termination
If a recipient filed a new initial claim after his or her record terminated due to N25 suspension and the claim is still pending in the field office (FO) or at the Disability Determination Service (DDS), process as follows:
Explain to the recipient the advantages of withdrawing the new initial claim. If the recipient elects to withdraw the new application, follow instructions in SI 00601.050.
If the recipient withdraws the pending application and the claim is still at the DDS, recall the pending disability case following instructions in DI 23015.001.
Post the withdrawal (PSY N12) to the current record and terminate the record. Start date the record terminated due to N25 the following day with the appropriate start date month and complete an RZ back to the earliest N25 suspension period covered by the Clark relief. For additional information on start dating records, see MSOM MSSICS 007.003.
If the recipient does not wish to withdraw the new application, treat the Clark relief period as a closed period and complete an RZ ending with the month of the subsequent application. Manually compute the payment due and determine the priority order for release of the underpayment, following the instructions in SI 02101.001.
2. Cases with overpayments or underpayments
Selected cases may require additional actions if an overpayment or underpayment exists. Consider the following when providing relief:
If there is an overpayment on the record for the N25 period, the reinstatement of the recipient back to the first N25 suspension date effectively removes any outstanding parole or probation overpayment balance. However, an overpayment could result if the RZ period uncovers that we paid a recipient more than he or she was due for another reason. You may have to balance the overpayment sequences. For additional information on balancing overpayment sequences, see SM 01311.390.
If a person received an initial determination on an overpayment, but repaid his or her benefits, and the record is in current payment status, the system will automatically recover any other overpayment balance due and then release any amounts due when you remove the N25 suspension months.
The system cannot compute the correct monthly due amounts on a terminated record. Manually compute the monthly due amounts and post M02 amounts where applicable, e.g., T33 record. Where you cannot use M02 procedures, manually compute any underpayment or overpayment on the record for the reinstatement period. Follow priority of payments rules when issuing a payment. Follow the automated one-time payment (A-OTP) procedures for issuing a payment. For information on the M02 procedure, see SM 02101.250.
If a prior overpayment exists and we waived the uncollected overpayment, do not pay the same funds again; i.e., person should not receive money twice for the same period.
For all instances where Clark relief is due, follow our normal underpayment rules located in SI 02101.001. This includes the two reviewer requirement for underpayments over $5,000 located in SI 02101.025. Any remaining underpayment is subject to installment processing as described in SI 02101.020.
Prior to releasing any past due payments, review the Prisoner Update Processing System Data (PUPS) and the FFSCF to determine the recipient’s status. For instructions, refer to EM-10013 SEN, No Social Security Benefits for Prisoners.
Prior to applying Clark relief underpayments to collect outstanding overpayment balances caused by other reasons, verify that we sent an initial determination for that overpayment by reviewing ORS. If no initial determination is present, send the recipient an overpayment notice with appeal rights before collecting the overpayment balance. Do not apply the Clark underpayment against an outstanding overpayment if we did not send the recipient a notification of the initial determination of the overpayment.
3. Other processing considerations
The following are possible situations that you may encounter while providing relief:
If an initial determination of a suspension or denial period made October 24, 2006, or later includes consecutive months prior to and after October 24, 2006, reinstate payments back to the beginning of the suspension period after considering all SSI non-medical factors and resolving any subsequent unfavorable medical decisions. For additional information on subsequent unfavorable medical decisions, see GN 02615.180C.4 in this section.
If an individual filed a new initial claim after his or her record terminated due to N25 suspension and the FO denied the claim for a non-Clark technical issue, pay only those months from the beginning of the N25 period through the month prior to the application month of the denied initial claim.
If an individual filed a new initial claim after his or her record terminated due to a N25 suspension and DDS medically denied the subsequent claim, refer to GN 02615.180C.4 in this section.
Reinstatement is possible when the initial determination of a suspension or denial took place on or after October 24, 2006, but the suspension or denial was for a closed period with all N25 months occurring prior to October 24, 2006.
If a record terminated for reasons other than N25, do not provide Clark relief for any payment status period other than N25. Consider the following:
Complete the RZ for the N25 period only and pay any retroactive payments according to normal manual one-time payment (M-OTP) or automated one-time payment (A-OTP) procedures.
In situations where a termination processed with less than 12 months of N25 (e.g., N25 for eight months, then excess income (N01) for four months), fully develop eligibility from the earliest point of Clark relief forward. If development reveals 12 consecutive months of ineligibility for reasons other than N25, conduct an RZ only for the applicable closed period.
If development reveals 12 consecutive months of ineligibility for reasons other than N25, conduct an RZ only for the applicable closed period.
If the claimant alleges a current disability, take a new claim under normal procedures. To determine the correct application date, follow SI 00601.020.
Do not apply the rules of Administrative Finality to prevent delivery of Clark relief.
C. RZ case processing
When preparing an RZ for the selected cases, follow normal medical and non-medical eligibility rules when applying Clark relief. In order to provide Clark relief, consider the following in your review.
1. Preparing for an RZ appointment
This section provides guidance on completing the RZ and situations to consider when processing relief.
Provide the recipient 60 days from the issuance date of the RZ appointment letter to contact us. If the recipient does not initially respond, send one follow up letter 15 days from the issuance date of the RZ appointment letter. Use the standard follow-up notice located in either the document processing system (DPS) or SSTNG. For instructions on issuing the RZ appointment letter, see GN 02615.180C.2 in this section.
When possible, consider telephone appointments. A face-to-face RZ is not required.
If a record shows a completed RZ for the period that Clark relief might apply, complete a new RZ for all N25 months when you determine eligibility for Clark relief.
If you initiate a Clark RZ and the recipient does not cooperate with your requests for evidence, follow procedures in SI 02301.235.
If a case requires an Age 18 Disability Redetermination, send the class member a Clark RZ appointment letter and Adult Disability Starter kit. For additional instructions on processing an Age 18 RZ, see DI 52522.001.
If a class member responds:
Complete a RZ for the potential Clark relief period through the present.
Send the case to DDS for an adult disability determination following the instructions in DI 52522.001.
After you send the medical information to DDS for a medical determination, mark the case complete.
Close out the PPV warrant in the FFSCF following instructions in GN 02615.180C.3 in this section.
If the class member does not respond:
Send an SSA-L991 (SSI Informal Denial) with Clark language. For an example of this notice, refer to GN 02615.160.
Annotate the SSR with the remark, “Clark Court Order Non-Responder”
For cases with an appeal pending on the latest SSR or posted October 24, 2006, or later for either a medical or a non-medical issue, see GN 02615.185.
2. Preparing the Clark RZ appointment letter
Send all selected class members a Clark RZ appointment letter by following these steps:
On the “Letter Options” screen, select “RZ/LI Interview/Forms”.
Select “First Request”.
On the “Initial Fill-Ins” screen, “Status” will automatically identify the case as a “Clark Court Case” and include the Clark language.
Select “Save and Print”. The printed letter will automatically include the Clark language.
Send a manual Clark RZ appointment letter from DPS.
The letter is located in the Post Entitlement category and titled T-16 Clark Redetermination Appointment Notice.
Send a copy of the RZ appointment letter to the Online Retrieval System (ORS).
3. Recording the Clark relief
Annotate the FFSCF, Fugitive Felon Automated Processing (FFAP) website, and the Modernized SSI Claims System (MSSICS) for all cases whether or not you provide Clark relief.
To annotate the FFSCF:
Access FFSCF from the SSA main menu, by following instructions in MSOM PRISON 001.002.
On the FFDG (Fugitive Felon Warrant Due Process/Good Cause) screen within the FFSCF, enter “CRT” (court) as the Good Cause reason and use the decision date of 04/13/2012 (date of final Clark court order). In the remarks section, enter “Clark Court Order”. For FFDG inputs, see MSOM PRISON 006.007.
To annotate the FFAP website:
To annotate MSSICS:
On the Parole Probation Violation Warrant (AWRP) screen, enter “N” for “Warrant Selected/Issued in Error”. For information on the AWRP screen, see MSOM MSSICS 008.024.
In the “Good Cause” field, enter “1” to show good cause was established.
4. Referring cases to the DDS
Refer the following cases to the DDS using the instructions in DI 52522.001.
Subsequent medical denial on a new initial claim after the recipient’s record terminated due to N25 suspension;
A closed period of Clark relief prior to a subsequent medical denial;
Reopened N25 technically denied claim. For types of technically denied claims, see DI 52522.001A.1; or
An age 18 medical redetermination. For processing instructions, see GN 02615.180C.1.e in this section.
5. Cases with subsequent medical determinations made at other appeal levels
If a case has a previous medical allowance with a subsequent unfavorable medical determination, send a request to DDS, Office of Hearings Operations (OHO), or the Appeals Council (AC) and request that they vacate the unfavorable medical determination using instructions in DI 52522.001.
D. Processing cases in SSTNG
The cases in SSTNG are in current pay status (C01) or other non-payment status codes. Start the RZ review period with the earliest N25 period caused by a PPV warrant subject to Clark relief through the present. Use the following as guidance for processing these cases:
1. Identifying RZs
The Clark class members with active records are included in the March RZ release with a selection date of April 1, 2013. We identified these RZs with a profile code of “S” and selection indicator of “H” in the Case Redetermination Data segment (CRZD) field on the Supplemental Security Record (SSR).
2. No Clark relief available
If during your review you discover no Clark eligibility, i.e., for the N25 suspension period, the recipient had too much income (N01) or the N25 suspension period does not match a PPV warrant, still complete an RZ for the appropriate review period and release the system generated notice or prepare a manual notice in DPS. Add a remark to the SSR “Clark Relief Not Granted” and input CRNG (Clark Relief Not Granted) in the Case Characteristic Data (CG) field.
3. Completing the RZ
If the recipient responds to the RZ appointment letter, provide Clark relief, as appropriate, and post the following message on the SSR: “Clark Court Order Relief Processed”. In most cases, the system generates a notice that informs the recipient of the relief he or she will receive. If not, prepare any applicable manual notice and save to ORS.
4. Appointment letter non-responders
If after sending the 15-day follow-up letter, the recipient still does not respond within 60 days of the issuance date of the appointment letter, take the following action, as appropriate:
a. Post office did not return the appointment letter
Place the record in Failure to Cooperate (N20) if it is in a pay status code that you can overlay with N20 following instructions in SI 02301.235. For the pay status overlay chart, see SM 01305.001H; or
If you cannot overlay the pay status with N20, e.g., cessation of disability (N07), annotate the SSR with the remark, “Clark Court Order Non-Responder”; and
Input CRNG in the CG field on the SSR.
b. Post office returns the appointment letter
Try to locate the recipient following normal procedures in SI 02301.240C.
If unable to locate the recipient, annotate the SSR for MSSICS and non-MSSICS cases with “Clark Court Order Non-Responder” and follow N20 instructions in GN 02615.180D.4.a in this section.
If you locate the recipient, provide relief following instructions in GN 02615.180D in this section.
c. Recipient contacts SSA after we place the record in N20
Develop the reason for not responding to the initial appointment and follow-up letters, e.g., out of the country, new address;
Reinstate the recipient as soon as you determine eligibility; then
Complete a RZ for the Clark period following instructions in this section.
E. Processing cases not in SSTNG
Cases not in SSTNG included terminated payment status codes of T30, T31, T33, T50, T51, and T01. Processing these cases depends on the type of termination as explained in this section.
1. Cases in payment status code of T30, T31, or T33
Send a manual Clark RZ appointment letter following instructions in GN 02615.180C.2. in this section. If the class member responds to the Clark appointment letter, conduct the RZ by start dating the record, and proceed as follows:
After completing the RZ, take a manual action to pay the Clark relief and post any additional data necessary to process the correct payment by using the SSA-450-SI (SSI Data Input and Determination) or the SSA-1719-B (SSI Posteligibility Data Input) forms. For specific instructions on when to use each form, refer to GN 02615.180E in this section.
Records in T31 (with previous months of M02) or T33 status, post force due (M02) to overlay periods of N25 when granting Clark relief and issue payments due by A-OTP. For records in T30, you cannot place a M02 to show the manual calculations for the N25 period. For additional instructions on M02, see SM 02101.250.
When correcting, adding, or deleting data fields on the SSR without transmission of an entire SSA-450-SI, complete an SSA-450-SI PR9. For additional information on the SSA-450-SI, see SM 01000.000, SM 01005.000, and SM 01010.000; or
Complete an SSA-1719-B to update post-eligibility data on the SSR. For additional information on the SSA-1719-B, see SM 01301.000 and SM 01305.000.
Transmit an SSA-450-SI PR9 or SSA-1719-B input by selecting #15 (SSI Data Inputs) from the Main Menu. Select the type of input from the Title XVI Menu (SXVI). For additional information on the SXVI screen, see MSOM T16INPUTS 001.002.
If the post office returns the appointment letter, try to locate the person following normal procedures in SI 02301.240C.
If, after sending the 15-day follow-up letter, the recipient still does not respond within 60 days of the issuance date of the appointment letter, complete the following:
Post a remark on the SSR: “Clark Court Order Non-Responder” using a SSA-1719-B. For additional instructions on processing posteligibility data to terminated records, see SM 01305.090; and
Send an SSA-L991 located in the Post Entitlement category in DPS using Clark language.
If a recipient responds after the 60-day period, complete the RZ following instructions in this section.
If during your review you discover no Clark eligibility, e.g., the N25 suspension period does not concern a PPV warrant, add a remark to the SSR, “No PPV Suspension”.
2. Cases in payment status code of T50 or T51
Since these cases may require an initial application and medical determination to effect Clark relief, consider the following and take the appropriate action:
If we denied the T50 or T51 record due to N25, but the record shows a posted medical allowance, reopen the application and complete an RZ back to the earliest N25 period. There is no medical determination required.
If the current T50 record has a prior record of T31 or T33, consider the following:
Verify if the suspension on that record was due to N25, the record terminated because of the N25 suspension, and an initial determination on the fugitive felon suspension was on or after October 24, 2006. Complete an RZ back to the earliest N25 period. After completing the RZ, take manual action to pay the Clark relief and post any additional data to process the correct payment following instructions in GN 02615.180E.1.a in this section.
If the prior termination on the T31 or T33 was not due to N25 or there is no prior record with a T31 or T33 status, send a manual Clark RZ appointment letter following instructions in GN 02615.180C.2 in this section. Send an Adult Disability Starter Kit along with the Clark RZ letter.
If we receive a response within the 60-day period and a medical determination is required, complete an initial claim based on the following information:
The protective filing date for the claim is the protective filing date of the previously denied claim involving the N25 period.
On the miscellaneous data (CMSC) screen in MSSICS, select option 1 for the reason the protective filing date is over 90 days old.
If a MSSICS exclusion case, complete the Application Status (AP) field on the SSA-450SI, using code A after the application date.
Place “ZZZ” in the first three positions of the “unit” field to identify and exclude Clark cases from processing time statistics. Send the case to DDS for a medical determination using the instructions in DI 52522.001.
If the post office returns the appointment letter, follow the normal procedure to locate the person using instructions in SI 02301.240C.
If after sending the 15-day follow-up letter, the recipient does not respond within 60 days of the issuance of the appointment letter, complete the following:
If a recipient responds after the 60-day period, take action to complete either an RZ or an initial application following instructions in this section.
3. Cases in payment status code of T01
Certain parties may potentially be entitled to Clark relief underpayments on the accounts of deceased class members. Follow normal processing instructions in SI 02101.003 and SI 02101.007. If there is no potential party eligible for the underpayment, input CRNG in the CG field on the SSR, which identifies the case as a non-responder and add the following Remarks to the SSR: “No Clark Relief Granted”. For additional instructions on processing PE data to terminated records, see SM 01305.090. After your review, issue the Clark relief underpayment or determine that there is no potential party eligible for the underpayment.
F. Processing concurrent cases
If a recipient has two Clark CCIDs, there is potential for both T16 and T2 relief. For a list of the CCIDs, see GN 02615.100D. Review the master beneficiary record (MBR) to verify that the T2 Clark relief payments have processed before processing the T16 Clark relief. Based on your review of the MBR, take the following action:
1. MBR shows current pay status
Complete the RZ back to the first month of N25 suspension eligible for Clark.
Post the T2 retroactive income as unearned income (UM) type A for each month of the retroactive period. No interface will occur for this action.
2. MBR not in current pay status and Processing Center Action Control System (PCACS) or Paperless Read Only Query Systems (PPL ROQS) exists
If the MBR contains a special message indicating Clark relief and PCACS or PPL ROQS shows there is an exception to the T2 processing requiring manual reinstatement by the processing centers (PC), then:
Complete the RZ back to the first month of N25 suspension. Before you clear the RZ:
Place a U TAC on the SSR to hold the T16 underpayment.
Place a remark on the SSR, “Hold T16 Clark Underpayment Until T2 Case Cleared.”
Control the T16 case until the PC clears the T2 case.
Once the MBR is in current pay:
Post the T2 retroactive income in the UM field as type A income for each month of the retroactive period. This will readjust the T16 underpayment.
Release the T16 underpayment by removing the U TAC. Prior to releasing the underpayment, see additional instructions in GN 02615.180B.2.e in this section.
3. MBR not in current pay status and PCACS or PPL ROQS does not exist
If the MBR is not in current pay status and the MBR contains a special message indicating Clark relief, but there is no PCACS or PPL ROQS, send a modernized development worksheet (MDW) to the servicing PC requesting an update on the status of processing T2 Clark relief.
G. Federal court previously decided fugitive felon status issue
If you learn of a Federal court decision on a class member case concerning payment of SSI and a PPV warrant, refer the case to your Regional Fugitive Felon Coordinator (RFFC) who will contact the Office of the General Counsel (OGC) for advice on whether it precludes giving Clark relief. For a list of RFFC’s, refer to GN 02613.990.