BASIC (11-96)

RS 00204.050 FO Postentitlement (PE) Actions on T2 Claims Filed December 1, 1996 or Later and Involving the Lawful Presence Requirement

A. Definition - throughout the month

Throughout the month means the alien must be lawfully present in the U.S. for the entire calendar month to permit payment of T2 benefits in the U.S. under the alien provisions of this law.

EXAMPLE: If an alien's lawfully present status expires 01/19/97, benefits are suspended 01/97.

B. Procedure - FO PE - updating lawful presence status

When a beneficiary submits evidence of updated or changed lawful presence status, take the following actions:

  • Enter a manual development worksheet (MDW) to transfer a 2560 request to the PC following current procedures and the following specific instructions:

    ISSUE:

    LAWFUL

    CATEGORY:

    2560HP

    REMARKS:

    Y with the remarks listed below and any other “Remarks” entries required by current MDW 2560 procedures.

  • If a lawful alien status which will expire continues:

    “Cancel current diary and rediary for MMYY. Add special message field with the beginning and ending dates of temporary lawful alien status.”

  • If status is changing from a lawful alien status which will expire to a lawful alien status which will not require reverification:

    “Cancel current diary and change listing code to 417 ALIEN - DO NOT REVERIFY STATUS. No future diary required.”

  • If status is changing from a lawful alien status which will expire to a naturalized citizen:

    “Cancel current diary. No future diary required.”

  • If benefits are in suspense and should be reinstated to a lawful alien status which will expire:

    “Reinstate benefits for MMYY (list all months benefits should be reinstated) and rediary for MMYY.” Add a special message to the MBR with the beginning and ending dates of lawful alien status and send reinstatement notice. Include paragraphs R02, S24 and J13.

  • If benefits are in suspense and should be reinstated to a lawful alien whose status does not need reverification:

    “Reinstate benefits for MMYY (list all months benefits should be reinstated).” No future diary required. Change listing code to 417 “ALIEN - DO NOT REVERIFY STATUS” and send reinstatement notice. Include paragraph R02.

    NOTE: Diary will be either 60 days prior to expiration date on the document or in the case of an “indefinite” stay, 1 year from the date status is updated (unless otherwise specified in RS 00204.025A).

C. Procedure - FO PE - foreign to domestic address change

If a request for a foreign to domestic change of address is received directly from a beneficiary or as a result of the receipt of an MDW issue from the TSC or PC and the DCF is 09/96 or later, contact the beneficiary to come in and present evidence of lawful presence.

1. Lawful alien status does not need verification

If the beneficiary presents evidence of LAPR or other lawful alien whose status does not need reverification:

  • Using PSLT input, change the address if not already done by the TSC or PC,

  • Enter a manual development worksheet (MDW) to transfer a 2560 request to the PC following current procedures and the following specific instructions:

    ISSUE:

    LAWFUL

    CATEGORY:

    2560HB

    REMARKS:

    Y with the following remark

    “Establish listing code 417 ALIEN-DO NOT REVERIFY STATUS.”

     

2. Lawful alien status needs verification

If the beneficiary presents evidence of a lawful alien status which will expire:

  • Using PSLT input, change the address if not already done by the TSC or PC,

  • Enter a manual development worksheet (MDW) to transfer a 2560 request to the PC following current procedures and the following specific instructions:

    ISSUE:

    LAWFUL

    CATEGORY:

    2560HB

    REMARKS:

    Y with the following remarks

    “Cancel current diary and rediary for MMYY. Add a special message to the MBR with the beginning and ending dates of lawful alien status. Establish listing code 418 “ALIEN - REVERIFY STATUS.”

3. Evidence does not establish lawful presence

If the evidence presented does not establish lawful presence:

  • Using PSLT input, change the address if not already done by the TSC or PC,

  • Enter a manual development worksheet (MDW) to transfer a 2560 request to the PC following current procedures and the following specific instructions:

    ISSUE:

    LAWFUL

    CATEGORY:

    2560HB

    REMARKS:

    Y with the following remarks

  • “Suspend benefits S9 effective MMYY with RFST code of NOTLAW establish listing code 419 plus the remark “ALIEN - NOT LAWFULLY PRESENT - BENEFITS SUSPENDED.” Add a special message to the MBR "BENEFITS FOR BIC “ SUSPENDED EFF MM/YY UNDER ALIEN PROVISIONS OF P.L. 104-193; include MADCAP paragraphs S26 and J15 in the suspension notice.”

4. Beneficiary does not come with evidence

If the beneficiary does not come in with evidence to establish lawful presence:

  • Using PSLT input, change the address if not already done by the TSC or PC,

  • Enter a manual development worksheet (MDW) to transfer a 2560 request to the PC following current procedures and the following specific instructions:

    ISSUE:

    LAWFUL

    CATEGORY:

    2560HB

    REMARKS:

    Y with the following remarks

    “Suspend benefits S9 effective MMYY with RFST code of NOTLAW; establish listing code 420 plus the remark “ALIEN FTC - LAWFUL PRESENCE UNKNOWN - BENEFITS SUSPENDED “FTC.” Add a special message to the MBR - BENEFITS FOR BIC “SUSPENDED FOR FTC - LAWFUL ALIEN STATUS UNKNOWN; include MADCAP paragraphs S26 and J15 in the suspension notice.”

D. Procedure - FO PE - domestic to foreign address change

An alien whose benefits are suspended because he/she does not meet the lawful presence requirement for benefits in the U.S. may nevertheless receive benefits effective with the first full month he/she is outside the U.S. and continuing, subject to the alien nonpayment provisions (section 202(t)).

  • If an alien in the U.S. was in current pay for the month before the month he/she left the U.S., process the change of address.

  • If an alien in the U.S. was in suspense for the month before the month he/she left the U.S. because he/she had not established lawful presence in the U.S., process the change of address, but resume benefits only effective with the first full month the beneficiary has been outside the U.S.

    EXAMPLE:

    An alien becomes entitled to retirement benefits based on an application filed in October 1996. However, since he cannot establish proof of lawful presence in the U.S., his benefits are suspended effective November 1996, his initial month of entitlement. He reports a change of address to Jamaica to the FO in January 1997, indicating that he will leave the U.S. permanently on January 10, 1997.

    The first month for which he may receive benefits in Jamaica is February 1997, the first full month during all of which he is outside the U.S. He will have to complete an SSA-21 (see GN 00205.170) to determine whether benefits may continue to be paid to him under the alien non-payment provision, section 202(t) of the Act.


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RS 00204.050 - FO Postentitlement (PE) Actions on T2 Claims Filed December 1, 1996 or Later and Involving the Lawful Presence Requirement - 03/11/2013
Batch run: 03/11/2013
Rev:03/11/2013