TN 49 (08-08)
DI 11010.310 Forwarding Retirement Survivors Insurance (RSI) Claims While Disability Insurance Benefits (DIB) Claim is Pending Appeal
Field Office (FO) Process for forwarding
A claimant, whose DIB claim is denied or terminated, and is pending appeal (i.e., reconsideration, hearing, Appeals Council (AC) review, or court review), can file for reduced Retirement Insurance Benefits (RIB), reduced widow's benefits, or other RSI and/or auxiliary benefits. Take the RSI claim on Modernized Claims Systems (MCS) and adjudicate through Earnings Computation (EC), A101 or EF101 (Determination of Award) if necessary. Use the following procedure if paper documentation is associated:
Develop the current claim and annotate the claim, "DIB Pending (Reconsideration, Hearing, AC Review, and Court Review)." Forward the entire claims file to the Program Service Center (PSC). If a hearing is pending when the NH files for Retirement Benefits or if the NH dies and a survivor claim is filed, receipt the hearing back to the FO, manually clear the claim, copy the hearing screens and then load the new claim. After the new claim is processed, reload the hearing.
Reconsideration Pending – For Certified Electronic Folder (CEF) cases see eForms - DI 81010.115 and upload an SSA-5002 (Report of Contact) directly to the CEF advising the office that has the official disability folder that the claimant has filed an RSI claim. Send a paper SSA-5002 via SSA-408 (Route Slip) when the official folder is paper.
Hearing or AC Review Pending – For CEFs use eForms in EDCS and the Update after Transfer utility to upload an SSA-5002 electronically to the Hearing Office advising them that the claimant has filed an RSI claim. Send a paper SSA-5002 when the official folder is paper. See New Claim or Appeal Filed While a Prior Claim or Appeal is Pending Before the Appeals Council (AC) — Title II or Title XVI - DI 12045.027 for subsequent non-DIB claim filed when DIB claim pending at AC.
NOTE: If a pending court action is involved, refer to New Disability Applications - GN 03106.090.