TN 55 (08-96)
DI 12586.090 Title XVI Assessing Allegations -- Specific Areas -- Stieberger
Accept, absent evidence to the contrary, allegations in the areas listed below:
Marital Status - accept allegations as to change in status.
Citizenship/Alien Status - assume that the current status existed for the full retroactive period.
Absence from the U.S. - accept allegations as to dates of departure and return.
Income - use available evidence to apportion amounts by months. If no monthly amounts are available, apportion annual amounts equally to all months.
Use readily available evidence, supplemented as necessary by information in the Master Earnings File (MEF).
Accept the class member's allegations as to:
For the amount of AFDC income:
The Regional Offices have historical charts that show the maximum grant by family size. Charts for most states are in Regional POMS instructions.
For New York State:
Use the NY RO historical charts that show the maximum grant by family size for 1987-1989. Contact the New York Regional Office, RSI/SSI Programs Branch at (212) 264-4004 for years after 1989.
Unless there is evidence to the contrary, presume the family received the maximum AFDC grant, and establish the person's increment based on the appropriate chart.
4. Veterans Benefits
Use Form SSA-L1103-U3 to request information from the Department of Veterans Affairs Regional Office (VARO).
Annotate in the remarks section of Part I (front side): “Refer to VA Circular No. 20-91-7. This is a Class Action Case.”
NOTE: VA will provide benefit amounts (including amounts for dependents, if requested) based on monthly amounts due, rather than amounts as actually paid. (See SI 00830.314 for instructions on augmented VA benefits.)
If verification of VA benefits under normal rules is needed for the CURRENT ELIGIBILITY PERIOD:
Send a second SSA-L1103-U3 for that period.
Do not refer to the VA circular and do not refer to the Stieberger case or to any class action cases.
Send SSA-L1103-U3's through the parallel FO. (See SI 00830.320).
5. Interest Income
Do not count (and do not input) interest income of less than $7 a month for months in the TOLERANCE PERIOD.
If the monthly interest income is $7 or more, count all of it under normal rules.
Accept allegations regarding the presence of ineligible children. Use allegations (or evidence on hand) about the type and amount of their income.
Develop cash loans under normal rules, but do not contact the lender.
Follow SI 00835.480F. for developing loans of food and/or shelter from within the household.
8. Living Arrangements and IKSM
Accept allegations of past living arrangements (LAs) which are consistent with any available evidence, e.g., old SSI queries, current LA development.
If a loan of food and/or shelter from household members is not an issue, charge the presumed maximum value (PMV) of in-kind support and maintenance (IKSM) if indicated by the alleged LA or LA change. If the class member seeks to rebut the PMV (see SI 00835.320), base the determination on the class member's allegation. If ISM received due to a rental subsidy is an issue follow policy for the Second Circuit (N.Y., Conn., Vermont) in SI 00835.380C.
After questioning the class member about likely resources, accept an allegation of resource eligibility.
Indicate in the Remarks segment (RMKS) of the Supplemental Security Record (SSR) that special tolerances were used. Show “ Stieberger Class Member.”