RS 00204.035 Lawful Presence Processing Considerations for Claims Filed On or After December 1, 1996
Procedure - lawful presence requirement
Since each beneficiary on a record must meet the lawful presence requirement on his/her own to be paid for a given month, the alien status of the primary beneficiary on a record does not affect the payment of any auxiliary on a record.
Prepare a separate listing and/or diary for each alien subject to the lawful presence payment requirement.
If an auxiliary's benefits are suspended for failure to be lawfully present in the U.S., do not readjust the benefit rates of other auxiliaries on the record.
Consider the advantage, if any, of claims withdrawal of the affected beneficiary(ies) if that would be advantageous in providing a higher total family benefit payable to the household. (GN 00206.001 contains the withdrawal policy.) However, do not consider withdrawal if the applicant must file because of SSI entitlement or CFMAX involvement.
During the initial interview process, provide each prospective claimant with pertinent information so that an informed decision can be made about his/her choice of MOE. When earnings are involved for the year of filing and after an annual report is received, the MOE may be changed to a month subject to suspension for not meeting the lawful presence requirement.
During the MOE discussion, inform the claimant of the full effect of all MOE options. Claimants must decide personally which of the options discussed in GN 00204.041 they wish to elect.