TN 55 (08-96)
DI 12586.080 Title XVI -- Development of Non-Disability Factors of Eligibility -- Stieberger
1. Current Eligibility Period
CURRENT ELIGIBILITY PERIOD - the period beginning with the first day of the calendar year prior to the year in which the Stieberger readjudication results in an allowance. Undertake full development and verification for this period.
2. Tolerance Period
TOLERANCE PERIOD - the Stieberger TOLERANCE PERIOD is the period prior to January 1st of the year before the year in which a favorable medical decision is made (i.e., the “current eligibility period” ).
For the tolerance period, determinations of eligibility and payment are based on allegations.
The allegations conflict with evidence in connection with work activity from the sources cited in DI 12586.070; or
There is a specific direction or procedure in DI 12586.090 for a factor of eligibility.
Apply the following procedures for developing non-medical factors of eligibility:
Obtain allegations for all non-medical factors of eligibility from the class member.
Obtain a “deemor's” (ineligible spouse/sponsor/parent) allegations when the deemor lives with the class member.
NOTE: You are not required to contact deemors who no longer live with the person.
Obtain allegations, including the income and resources of a deemor, over a signature, e.g., the class member, the class member's guardian, the deemor, etc.
NOTE: This can be on an SSI application, update form or on an SSA-795.
Obtain a broad statement covering the factors of eligibility when there is no change over long periods.
EXAMPLE: A class member relates changes in veterans benefits, living arrangements, and periods of institutionalization, and then covers other factors of eligibility with the following statement:
“In the period from December 1987 through September 1992, I have not had any income other than my veterans benefit. My resources have never exceeded $1,500. I have always lived in New York, and I have never been outside of the United States.”
NOTE: The statement about resources covers all years, whether the limit was $1,500 or higher. If the class member's resources have always been low, there is no need to address each year's resource limit.