TN 5 (02-99)

SI 00502.155 SSI Eligibility for Aliens Receiving Benefits on 8/22/96 (1996 Legislation)

THIS SECTION IS FOR HISTORICAL REFERENCE ONLY. THESE INSTRUCTIONS ARE NO LONGER APPLICABLE BECAUSE OF ENACTMENT OF P.L. 105-33 ON 8/5/97.

A. Background

This section contains the processing instructions formerly located at SI 00502.150. These instructions were used to process SSI cases under the provisions of P.L. 104-193, enacted on 8/22/96. When P.L. 105-33 was enacted on 8/5/97, these instructions became obsolete. They are included here for historical reference purposes.

THIS SECTION IS FOR HISTORICAL REFERENCE ONLY. THESE INSTRUCTIONS ARE NO LONGER APPLICABLE BECAUSE OF ENACTMENT OF P.L. 105-33 ON 8/5/97.

B. Policy - effective date

1. Aliens Considered to Be “Receiving SSI Benefits on 8/22/96”

An alien “receiving SSI benefits on 8/22/96” is subject to the alien eligibility rules in SI 00502.100 for months beginning on or after the first determination of alien eligibility made after that date. A notice of planned action (NPA) or other due process notice constitutes the determination. Eligibility under the prior LAPR or PRUCOL eligibility rules in GN 00303.440 and SI 00501.420, as appropriate, continues until eligibility is redetermined under the new rules per SI 00502.155D.

The following individuals are considered to have been “receiving SSI benefits on 8/22/96” :

  • recipients in current pay on 8/22/96, including payment status N01 recipients in section 1619(b) status, and

  • individuals in nonpay, suspense, and payment status E01 on 8/22/96, and

  • claimants for whom a field office (FO) input had been made on or before 8/22/96 to allow an initial claim or reverse the prior determination on a denied claim, even if the input rejected, and

  • claimants for whom a Disability Determination Service (DDS) had issued a favorable initial claim or reconsideration disability determination on or before 8/22/96, whether or not the FO had completed nondisability development or effectuated payment, and claimants for whom an administrative law judge (ALJ) or the Appeals Council (AC) had issued a fully or partially favorable decision on or before 8/22/96, whether or not the FO had completed nondisability development or effectuated payment, and

  • claimants with appeals pending after 8/22/96 on claims on which a fully or partially favorable allowance was issued on or before 8/22/96, and

  • claimants for whom a presumptive disability determination had been made on or before 8/22/96.

NOTE: For favorable DDS determinations, use the date in the SCD (State closure date) field of a DDSQ (SM 06002.200). For favorable ALJ or AC decisions, use the date of the notice issued to the claimant. If the ALJ or AC notice is unavailable, use the date in the DID (disposition date) field of an OHAQ (HA04) (MSOM OHA 001.001 ) for ALJ decisions, and the date in the ADD (Appeals Council Decision Date) field of an OHAQ for AC decisions.

NOTE: For any pending claims or appeals of denied claims that fit one of the bullets above, see SI 00502.155C. for procedure.

2. Aliens Not Considered to Be “Receiving SSI Benefits on 8/22/96”

Aliens with claims and appeals of denied claims that do not meet the requirements in SI 00502.155B.1. are subject to the eligibility rules in SI 00502.100 for the entire period in the life of the application (SI 00601.010C.), including months before August 1996. The instructions in SI 00502.155C. - SI 00502.155F. do not apply to such cases.

THIS SECTION IS FOR HISTORICAL REFERENCE ONLY. THESE INSTRUCTIONS ARE NO LONGER APPLICABLE BECAUSE OF ENACTMENT OF P.L. 105-33 ON 8/5/97.

C. Procedure - initial alien claims processed under old alien eligibility rules

Process a claim to which the pre- 8/22/96 rules apply (SI 00502.155A.) as follows:

  • Determine eligibility under the applicable rules in GN 00303.440 and SI 00501.420 SI 00501.430.

  • Ignore systems and notice procedures in this subchapter, and adjudicate the claim under prior procedures.

  • Allow the system to release an automated notice, unless a manual notice is otherwise required. If so, use “old law” award notice language.

If eligible, make a new determination of eligibility under SI 00502.100 at a later time, per SI 00502.155E.

THIS SECTION IS FOR HISTORICAL REFERENCE ONLY. THESE INSTRUCTIONS ARE NO LONGER APPLICABLE BECAUSE OF ENACTMENT OF P.L. 105-33 ON 8/5/97.

D. Process - persons “Receiving SSI Benefits On 8/22/96”

The codes in the AR field of the SSR that show immigration status do not reflect sufficient information to determine eligibility under the new law for most recipients, do not necessarily reflect current status, and were not in use in the early years of the SSI program. As a result, it is necessary to determine the current status of almost all recipients whose records show an alien code or an undetermined status code in the AR field.

These records fall into 3 types, based on the likelihood of eligibility continuing under the new requirements. New determinations of eligibility must be made on these cases no later than 8/22/97, using the eligibility rules in SI 00502.100, as indicated in this section.

1. Type 1 Cases

Type 1 cases are likely to be ineligible under the new eligibility requirements.

This group consists of all cases described in SI 00502.155B.1. with AR codes of F - L, P, R - T, and W - Z, except for refugees and asylees who will have been in status for less than 5 years in August 1997, LAPR aliens who have received title II benefits, and aliens who have received veterans benefits.

In February and March, 1997, central office (CO) will send these recipients an automated informational notice to inform them of the new eligibility requirements and to request the submission of any evidence of citizenship or eligible alien status within 90 days.

If the record is not updated to show eligibility under the new law, CO will issue a notice of planned action (NPA) with Goldberg v. Kelly due process rights and will suspend eligibility (payment status (PS) N13) in 1997. Recipients will have 10 days to request benefit continuation if they disagree with the suspension action.

2. Type 2 Cases

Type 2 cases are likely to be eligible under the new eligibility requirements.

This group consists of all cases described in SI 00502.155B.1. with AR codes that reflect either unknown citizenship/alien status, or alien status plus an indicator of likely eligibility. This group includes:

  • unknown-status recipients with AR codes of B, D (with date of eligibility (DOE) of 1/74 - 12/81), E, U, V, and records with no code present;

  • LAPRs (codes K, S, and Y) who have received title II benefits; and

  • alien recipients in any AR code who have received veterans benefits or Department of Defense annuities.

In February and March, 1997, CO will send these recipients an automated informational notice to inform them of the new eligibility requirements and to advise them that we will be contacting them for evidence of citizenship or eligible alien status.

An A5 diary will be set on each of these cases (SI 02305.013). They diary will be associated with Type 2 cases that are selected for a redetermination in the December 1996 selection process. If a case is not eligible for redetermination selection in December 1996, it will be selected as a profile H limited issue for development of alien status. The diary also will be set on pending redeterminations, and pending limited issues that meet the criteria for an A5 diary will be selected as profile H limited issues. The A5 diary will be controlled on the Post Entitlement Operational Data Store (PE ODS) system.

As FOs encounter Type 2 recipients for redeterminations, recipient reports, or other inquiries or contacts, they should initiate development of alien eligibility under the requirements of SI 00502.100. If no such contact otherwise occurs with a recipient, FOs should initiate limited issue development no earlier than February 1997, when the notices are first mailed.

For those individuals determined to be eligible under the new rules, FOs will complete the alien eligibility determination by making the appropriate systems input and issuing the appropriate favorable due process notice. For those individuals who are not determined to be eligible under the new rules, CO will complete the determination by issuing an NPA with Goldberg v. Kelly due process rights and suspending eligibility in 1997.

By law, SSA must complete a new determination of alien eligibility for all potentially affected cases no later than 8/22/97.

3. Type 3 Cases

Type 3 cases will remain eligible until at least August 1997.

This group consists of refugees and asylees who will have been in status for 5 years or less as of August 1997. In February and March, 1997, CO will send these recipients an automated informational notice to inform them of the new eligibility requirements and to advise them that their eligibility may end at the end of their 5-year eligibility period. (Recipients in refugee or asylee status whose first 5 years in the U.S. will end before August 1997 will be selected for inclusion with Type 2 cases described in SI 00502.155D.2.)

Further POMS instructions will be issued later on processing of Type 3 cases.

THIS SECTION IS FOR HISTORICAL REFERENCE ONLY. THESE INSTRUCTIONS ARE NO LONGER APPLICABLE BECAUSE OF ENACTMENT OF P.L. 105-33 ON 8/5/97.

E. Procedure - PE - general

Use the citizenship development procedures in GN 00303.300 and in SI 00502.155F, and the alien development procedures in SI 00502.110 and this section to determine the continuing eligibility under the Reconciliation Act of 1996 of SSI recipients receiving benefits on 8/22/96 if their SSR records do not establish citizenship.

1. Type 1 Cases

If a recipient responds to the informational notice or otherwise is in contact with the FO, process the response as follows:

a. Evidence Establishes Eligibility

  • Issue a manual initial determination notice with appeal rights (see SI 00502.410A). Keep a copy for the file.

  • Update the AR field to reflect the current citizenship/alien status, if necessary.

  • Input an AT diary if required by SI 00502.110B.1.

  • Modernized Development Worksheets (MDWs), TC 29001.030.

b. Evidence Does Not Establish Eligibility

  • Update the AR field to reflect the current alien status, if appropriate.

NOTE: In 1997, CO will issue an NPA with Goldberg v. Kelly due process rights and suspend eligibility (PS N13).

c. Recipient Responds to Notice But Evidence Is Outstanding

  • If evidence is eventually received, continue per SI 00502.155E.1.a. or SI 00502.155E.1.b., as appropriate.

  • If evidence is not received, do not follow up. In 1997, CO will issue an NPA with Goldberg v. Kelly due process rights and suspend eligibility (PS N13).

d. No Response to Notice

  • Leave the case for CO to issue an NPA with Goldberg v. Kelly due process rights and suspend eligibility (PS N13) in 1997.

2. Type 2 Cases

a. Develop Eligibility Under New Requirements

Effective immediately, develop the eligibility under SI 00502.100 of all recipients described in SI 00502.155D.2. as you encounter them for redeterminations, development of other issues, change of address reports, inquiries about the legislation, and other contacts.

If you do not otherwise encounter the individual earlier, initiate development of eligibility under SI 00502.100 as a limited issue no earlier than February 1997, when the first notices are mailed. If desired, use the notice paragraph in SI 00502.410D. for a come in/call in letter. Enclose the multiple language flyer in SI 00502.500 if you feel it would be helpful to the recipient.

IMPORTANT: For this limited issue, nonterminated cases that are in nonpay, suspense, or payment status E01 must be processed, as well as cases in current pay. Follow usual closeout procedures for these cases (SI 02301.235E. - SI 02301.235J.), but alter notices used to request information, or use alternative request forms, to eliminate the threat that benefits may be suspended. Do not input payment status N20 if the recipient fails to furnish the requested evidence. If the individual is unable to establish eligibility, leave the case for CO to issue an NPA with Goldberg v. Kelly due process rights and to suspend eligibility (PS N13) in 1997.

b. Evidence Establishes Eligibility

  • Issue a manual initial determination notice with appeal rights (see SI 00502.410A). Keep a copy for the file.

  • Update the AR field to reflect the current citizenship/alien status, if necessary.

  • Input an AT diary if required by SI 00502.110B.1.

  • Clear the A5 diary per SI 02305.013.

  • Control alien cases (not most citizens or nationals) on the MDW per TC 29001.030.

NOTE: Citizen cases are controlled on the MDW per TC 29001.030. if an AR code of D had been used prior to 2/12/97 and the date of eligibility (DOE) field on the SSR is prior to 1/82. For cases processed on or after 2/12/97, see SI 00502.155E.

c. Evidence Establishes Eligibility Under 5-Year Rule But Ending Before 8/97

  • Clear the A5 diary per SI 02305.013.

  • Control the case on the MDW per TC 29001.030.

NOTE: CO will issue an NPA with Goldberg v. Kelly due process rights and suspend eligibility (PS N13).

d. Evidence Does Not Establish Eligibility

  • Update the AR field to reflect the current status, if appropriate.

  • Clear the A5 diary per SI 02305.013.

NOTE: CO will issue an NPA with Goldberg v. Kelly due process rights and suspend eligibility (PS N13).

e. No Response to Efforts to Conduct Limited Issue or Refusal to Cooperate

Follow usual posteligibility closeout procedures (SI 02301.235E. - SI 02301.235J), but alter notices used to request information, or use alternative request forms, to eliminate the threat that benefits may be suspended. Do not input payment status N20 if the recipient fails to furnish the requested evidence. If the individual is unable to establish eligibility, leave the case for CO to issue an NPA with Goldberg v. Kelly due process rights and to suspend eligibility (PS N13).

3. Type 3 Cases

If a Type 3 recipient responds to the informational notice or otherwise contacts the FO, ask the recipient if there has been any change in his or her immigration status.

  • If no, ask whether the recipient meets the eligibility requirement as an active duty member or veteran of the U.S. Armed Forces or as the spouse (including an unremarried widow or widower) or dependent child of such a member or veteran (SI 00502.100D.5. - SI 00502.100D.8). Develop eligibility under that requirement per SI 00502.140C. - SI 00502.140E. If eligibility is determined, issue a manual notice per SI 00502.410A. Control the case on the MDW per TC 29001.030.

  • If yes, and the recipient has become LAPR, develop LAPR status per SI 00502.110 - SI 00502.110.115. Ask whether the LAPR recipient meets the 40 QQs eligibility category (SI 00502.100D.4.), and develop eligibility under that requirement per SI 00502.135. If eligibility is determined under the 40 QQs requirement, issue a manual notice per SI 00502.410A. Control the case on the MDW per TC 29001.030.

THIS SECTION IS FOR HISTORICAL REFERENCE ONLY. THESE INSTRUCTIONS ARE NO LONGER APPLICABLE BECAUSE OF ENACTMENT OF P.L. 105-33 ON 8/5/97.

F. References


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500502155
SI 00502.155 - SSI Eligibility for Aliens Receiving Benefits on 8/22/96 (1996 Legislation) - 10/16/2012
Batch run: 10/16/2012
Rev:10/16/2012