TN 36 (08-23)

RS 00202.080 Spouse's Prior or Potential Entitlement to RSI Benefits

A. Procedure - general

If the spouse has been married to the NH less than 1 year and is not the natural parent of the worker's biological child, show under “Remarks” on the application whether there was actual or potential entitlement to the pertinent RSI benefits at the specific point in time (see RS 00202.001B).

B. Procedure - entitlement

1. Prior entitlement

  1. a. 

    Process the application in the usual manner if prior entitlement can be verified by information available in the FO.

  2. b. 

    Use DOTEL procedures to obtain claims folder information for the SSN on which the spouse alleges prior entitlement if information is not available in the FO to verify this. Document the information in the current claims folder.

2. Potential entitlement exists

  1. a. 

    Document the name and SSN of the NH on whose E/R the claimant is potentially entitled and the type of benefit involved.

  2. b. 

    Include pertinent proofs and an uncertified E/R for the SSN on which there is/was potential entitlement but no claim is being filed.

  3. c. 

    Do not process any other application if no benefits are payable in the retroactive period on that E/R or the claimant chooses not to file for additional benefits.

  4. d. 

    Process under normal procedures if a claim is filed on the “potential entitlement” SSN.

  5. e. 

    Potential entitlement to CDB.

    • Forward disability material to the appropriate DDS in accordance with regular procedures.

    • Flag the case for return to the FO to complete action on the spouse's claim.

    • Send the SSA-2-F6 and related proof to the PC after the disability determination is received.

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RS 00202.080 - Spouse's Prior or Potential Entitlement to RSI Benefits - 08/29/2023
Batch run: 08/29/2023