Effective Dates: 03/21/2024 - Present Previous | Next

TN 10 (04-24)

DI 26535.042 Recipients of Correspondence and Notices-Initial Claims

CITATIONS:

20 CFR 401.75,404,2035 , 416.635,404.1707 , 416.1507

A. Correspondence in claims processing

Instructions in this section apply to claimant correspondence and notices sent by the Disability Determination Services (DDS) for initial level claims at the initial and reconsideration level. We communicate with claimants, and other individuals who may have a duty or responsibility to act on behalf of or help the claimant or beneficiary in the disability claims process.

B. Definitions

1. Claimant

An individual claiming a right under the Title II or Title XVI benefits program.

NOTE: In some instances, the claimant may also be the proper applicant, a beneficiary, or a recipient.

2. Proper applicant

An individual who has the right to sign a valid application on behalf of themselves or on behalf the claimant.

For more information on proper applicants, see GN 00204.003.

3. Appointed representative (AR)

An individual the claimant appoints to represent them in their business before the Social Security Administration (SSA) (i.e., to act on the claimant's behalf and pursue the claimant's interests).

For more information on representation of claimants, see DI 31001.001.

4. Incompetent adult

An incompetent adult is an individual who has been the subject of a judicial finding of incompetency.

For more information on a legally incompetent adult, see GN 00204.003.

For more information on legal guardians, see A.6 in this section.

5. Representative payee (payee)

An individual or entity responsible for managing Social Security benefits or payments of a beneficiary or recipient who is determined incapable of managing or directing the management of their own benefits.

IMPORTANT:

We may only disclose information to payees that the individual needs to perform the duties of a payee (e.g., to receive and disburse or conserve the beneficiary’s Social Security benefits). A representative payee does not have the same rights as a legal guardian unless they are also the legal guardian.

For additional information about disclosure and modified notices to payees, see GN 03316.120 and NL 00603.025A.2.

For more information on payee responsibilities and duties, see GN 00502.114.

6. Legal guardian or conservator

An individual appointed by a state court to manage the affairs of an individual who is not able to do so. However, the appointment of a legal guardian or conservator does not necessarily mean the person is legally incompetent. We consider a person to be legally incompetent when a state court has issued an order stating that the individual is legally incompetent, as noted in this section B4.

For more information on the role of the legal guardian or conservator, see GN 00502.139A.1.

C. Who must receive correspondence and notices

In some instances, other individuals or entities who have a duty or responsibility to act on behalf of or to assist a claimant or beneficiary must receive correspondence or notices that the claimant also receives to fulfill the duty they have to the claimant.

1. Correspondence and notices for adult claimants

An adult claimant, including individuals who have attained age 18 in an age-18 redetermination case, is the primary recipient of correspondence and notices.

Adult claimants

If the initial or subsequent claim involves	Correspondence Copy	Notice
Proper Applicant who is NOT a claimant, Payee, or AR	Correspondence Copy	No	No
Payee	No	Yes, see NOTE
AR	Yes	Yes

NOTE:

The Payee receives a modified copy of the notice (i.e., personalized disability notice and predetermination notice in adverse reopenings). For more information, see NL 00603.025A.2.

IMPORTANT: ARs must be currently appointed to receive correspondence and notices; for more information, see DI 31001.001 or GN 03305.025.

2. Correspondence and notices for child claimants and adult claimants with a legal guardian

For claimants under age 18, the primary recipient of correspondence and notices is the parent or legal guardian. For adult claimants with a legal guardian, the primary recipient of correspondence and notices is the legal guardian.

Child claimants and adult claimants with a legal guardian

If the initial or subsequent claim involves	Correspondence Copy	Notice
Payee	No	Yes, see NOTE
AR	Yes	Yes