DI 10105.901 Taking and Processing Retirement Insurance Benefits (RIB) Applications Filed During the Benefit Continuation Period (BCP)
A. Filing considerations
It will normally be in the best interest of the beneficiary to be entitled to the RIB effective with the month the Disability Insurance Benefit (DIB) terminates. In general, this will be the month the BCP payment starts, if the Month of Entitlement (MOET) is possible. This will give the maximum protection against any overpayment that will result if the termination is sustained upon appeal.
If the application is filed too late to be effective as early as the month of disability termination, it should ordinarily be effective with the earliest possible month following such month.
IMPORTANT: Explain to the number holder (NH) that although he/she is entitled to RIB, he/she cannot receive any RIB while receiving benefit continuation payments.
B. Field Office (FO) role
The FO will:
Review the Master Beneficiary Record (MBR) and all other available sources to determine if the evidence needed to process the RIB award was obtained for the DIB claim (See GN 00302.011 for proof of age codes). Complete development as in any other RIB claim.
Process the claim by completing an A101 Automated Determination of Award for the NH, and any auxiliaries, using the MBR for entitlement data. Enter the NH's Social Security number (SSN) in the “Cross Reference SSN” entry on the BENE screen, with a “Status Code” of “A”.
In the remarks portion of the A101 enter:
Adjudicate the A101. Modernized Claims System (MCS) will establish a control and transfer ownership to the processing center (PC).
C. PC processing of benefit continuation cases
The PC will control the A101. The case should be annotated “Effectuate RIB payment if DIB Cessation Upheld - P.L. 98-460.” (See DI 40120.015).
1. Cessation affirmed
Upon notification that the cessation has been affirmed upon reconsideration and the NH has not requested a hearing or that the cessation has been affirmed at the hearing level, and the benefit continuation payments have been terminated, the A101 should be forwarded to a claims authorizer (CA) for review and adjudication of the RIB award, and for the necessary action to recover the overpayment caused by the benefit continuation payments.
2. Cessation reversed
Forward the A101 to a CA for review and adjudication of the Retirement Survivors Insurance (RSI) award upon notification that the cessation has been reversed. The CA should change the annotation in the remarks of the A 101 to “No Payment Award - Entitled to Higher DIB on this SSN.”
3. Notification to RIB applicant
Send a notice to the NH regarding the RIB application. Use the following language:
“Although you are entitled to retirement insurance benefits, you cannot receive them while you are receiving disability benefits.”
In addition, include the blanket denial paragraph in the notice.