TN 20 (04-10)

SI 00502.304 Aliens Whose 7-year Period Expired Prior to October 1, 2008, and have not Been Reinstated – Records in PSY N13, T30, T31, or T33

Follow these procedures to determine if the alien is eligible for the benefit extension as provided in P.L. 110-328. See SI 00502.301, Supplemental Security Income (SSI) Extension for Elderly and Disabled Refugees Act.

A. Procedures for developing eligibility for an extension

1. Contact the alien

Many of these individuals have already contacted SSA as a result of a centralized direct mailing. For a copy of this letter, see SI 00502.306. Others contacted SSA at the direction of advocacy or community groups or on their own. When any aliens in this category contact a FO to determine if they are eligible for the extension, follow the procedures in SI 00502.304A.2. in this section. If eligible, reinstate benefits effective October 1, 2008, or as of the date they meet all factors of eligibility, whichever is later.

For couples cases, where one member has remained eligible, but the other has been terminated, do an unscheduled RZ and Start Date a record to reestablish them as a couple. The SD month would be the same month as the T33 date of the spouse who remained eligible.

2. Verify extension eligibility

Review the AR field in the Supplemental Security Record (SSR) PRSN segment and any other relevant immigration documentation to determine the alien’s eligibility for the benefit extension. If the AR field is not is “J”, “X”, “F”, “L”, or “3”, the alien is NOT eligible for the extension. Update the AR field if it is incorrect.

3. Verify citizenship status

a. Extension rules

The extension does not apply to current citizens because they are not subject to the 7-year eligibility period affected by the law. Therefore, if the alien attained citizenship prior to October 1, 2008, the alien is not eligible for the extension and the alien must file a new application.

b. Alien is a citizen

If the alien is now a citizen

  • verify per GN 00303.300,

  • update the record by conducting a redetermination, per SI 02305.022, and determine whether benefits are payable from October 1, 2008, on,

  • record the citizenship data on the Alien Data (AALN) screen if the case is in MSSICS, or T33 and start date via an SSA-450S and code the AR field is “C” if the case is not in MSSICS.

  • resume benefits under current guidelines in SI 00501.400

    If the alien is ineligible prior to becoming a U.S. citizen, consider the ineligibility period as an overpayment and process in accordance to SI 02201.005. Payments will resume when the alien re-attains eligibility.

    If the alien is not a citizen, follow the procedures in SI 00502.304A.3.c. in this section.

c. Alien alleges having a pending application for naturalization

If the alien alleges having a pending citizenship application, verify the status of the application as follows:

  1. Obtain the original DHS Form I-797 C, (Notice of Action) which is the receipt for the naturalization application. The I-797 C must contain the Notice Date, Case Type, USCIS Alien file number (A#), Application Number, application Received Date and Priority Date. The notice must show the case type as “N-400 Application for Naturalization.

  2. Technicians may accept other official correspondence from the United States Citizenship and Immigration Service (USCIS) as proof if it contains a receipt number, the A-file number, date application received, and provides details on the status of the application.

  3. Query Case Status Online (CSOL) at https://egov.uscis.gov/cris/Dashboard.do to verify the DHS Form I-797:

    • Enter the receipt number (labeled “application number” found in the upper left corner of the I-797, third row down) in the in the current case status block. The receipt number is a 13 character number (a 10-digit number preceded by a three letter code).

    • Input the entire letter-number combination as shown on the receipt.

  4. The online response highlights one of the following application statuses:

    • Acceptance

    • Initial Review

    • Request for Evidence

    • Testing and Interview

    • Decision

    • Post-decision Activity

    • Document Production or Oath Ceremony

      1. document the Evidence Screen (EVID) screen with the appropriate statement, (for example, “Citizenship application or swearing in ceremony pending”), the pending application date, the receipt number, the action code, and the A-file number, and

      2. continue with the procedures in SI 00502.304A.5. in this section.

        NOTE: These statuses indicate that the citizenship application is pending or may be “in suspense” while USCIS reviews another matter. Treat the citizenship application as if it is still pending, even if the USCIS temporarily suspended development.

  5. If the online response returns a reply showing “Your case cannot be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Number at 1-800-375-5283” this indicates that the USCIS may have rejected the application for one of the following reasons:

    • incorrect application fee submitted,

    • application not timely filed,

    • applicant does not meet the 3 or 5 years minimum LPR requirement, or

    • applicant filed more than 3 months prior to meeting the residency requirements, or

    • it’s been only ten business days or less since the applicant filed and the application has not been logged onto the USCIS CSOL system.

    • there is no record of filing, or the receipt may be counterfeit

      1. If less than ten days elapsed since filing, obtain a copy of the I-797 or input the information shown in SI 00502.304A.3.c.1. in this section onto the Evidence Screen (EVID) screen to verify at a later time.

      2. If ten days or more elapsed since filing, continue with the procedures in SI 00502.304A.4. in this section to determine if the alien qualifies for the two-year benefit extension.

        If the alien does not allege having a pending citizenship application, follow the procedures in SI 00502.304A.4. in this section to determine if the alien qualifies for the two-year benefit extension.

4. Verify alien status and obtain the good faith declaration

If the alien has not filed for citizenship, does not have an I-797, or you cannot verify that the citizenship application is pending via the USCIS website:

  1. Advise the alien that SSA can pay him or her for up to two additional years (but no later than September 30, 2011), if he or she signs a good faith declaration to pursue U.S. Citizenship and meets one of the eligibility factors for the benefit extension. To determine eligibility, see SI 00502.301A.

  2. Check the AR field in the PRSN segment on the SSR.

    • If the AR field is “X”, the alien was admitted as a Cuban/Haitian and may be eligible for the benefit extension. For the definition of Cuban/Haitian for SSI purposes, see SI 00502.108.

    • If the AR field is “J”, “F”, “L”, or “3”, query SAVE to determine if the alien’s status was adjusted to LPR. If the SAVE query does not provide verification, and the alien alleges adjustment to LPR, institute secondary verification with DHS by following procedures in SI 00502.115.

  3. Determine if the alien meets LPR time frames

    • If the alien has been LPR for fewer than 6 years as of October 1, 2008, and has not had that status rescinded, he or she may be eligible for the extension.

    • If the alien filed for adjustment to LPR within 4 years of the date he began receiving SSI and such status is pending, he or she may be eligible for the extension.

    • Document the Evidence Screen (EVID) screen with “Good Faith Established”, the LPR adjustment or pending adjustment date, and the A-file number.

  4. Explain the provisions of the Kaplan class action settlement in SI 00502.301C.5. to the alien. You may also give the alien the Internet address for USCIS, at www.uscis.gov/portal/site/uscis .

  5. Check the date of birth on the SSR

    • If the alien is under age 18 as of October 1, 2008, he or she may be eligible for the extension and is not required to sign the good faith declaration.

    • If the alien is 18 or older as of October 1, 2008, he or she must sign the good faith declaration.

  6. Print the good faith declaration from Forms Inventory Control System (FICS): http://ofsm.ssahost.ba.ssa.gov/, read the declaration to the alien and have him or her sign it. Electronic versions of the SSA-795 are acceptable if a MSSICS file is open and you copy the language onto the Person Statement (DPST) screen.

  7. Explain the necessity for the declaration using this language: “You must be trying or plan to become a U.S. citizen to get the 2-year extension. If you can’t qualify for citizenship now, you must be planning to become a U.S. citizen if and when the law allows you to do so. If you do not sign this statement for any reason or you cannot sign the statement because you are not planning to become a U.S. citizen then we will not be able to pay you the benefits for the two additional years.”

  8. Fax the form into appropriate repository ( eDIB or NDRED) along with a copy of the immigration document. Return the originals to the person.

  9. If the alien qualifies for the two year benefit extension, continue with the procedures in SI 00502.302A.5. in this section. If the alien does not qualify for the two year benefit extension, see the procedures in SI 00502.302A.7. in this section. Process any overpayment using current guidelines in SI 02201.005.

5. Develop other non-medical factors of eligibility

  • If the record is in a terminated status (T30, T31, T33), conduct an unscheduled redetermination according to the policy in SI 02305.022A.5. Obtain the evidence necessary to establish eligibility based on income and resources.

  • If the record is in N13 status, update any information that has changed, but do not conduct an unscheduled RZ see SI 02305.022A.5.

6. Determine if medical review is needed

  1. If the alien is age 55 or older, assume that he or she continues to be disabled unless there is evidence to the contrary (e.g., medically denied Title 2 disability claim). Reinstate payments without obtaining any additional documentation of continuing disability.

  2. If the alien is a DI/DS or BI/BS under age 55 and was not previously eligible as a disabled child, check the medical reexam (MR) diary date (shown in the DIAR segment on the SSR; see SM 01601.595, Disability Data - DISB).

    • If a MR diary is a future date, assume the alien continues to be disabled. Reinstate payments without any additional documentation of continuing disability. Input the established MR date to the new record through the Update Diaires (UDIA) screen in Direct SSR update.

    • If the MR diary date matured, ask the alien if his or her disability continues. Obtain the answers to the questions on the SSA-455, DI 13004.020. (see exhibit DI 13004.020)

    • If the alien answers question 1 “no,” question 2 “same” or “worse,” and question 3 “no,” the alien continues to be disabled. Reinstate payments without any further documentation. Fax a copy of the SSA-455 into eDIB.

      If the alien answers question 3 “yes” or in some other way suggests he or she may no longer be disabled, reinstate payments and initiate a medical CDR.

  3. If the alien was eligible as a disabled child (DC) and is now over age 18, resume payments and initiate the age 18 redetermination.

7. Systems processing

a. Terminated (T30, T31, T33) record

If the alien is eligible for reinstatement:

  • Establish eligibility based on the information obtained during the redetermination and reinstate according to the procedures in SI 02301.205B.

  • Reinstate benefits by start dating the record with an effective date of October 1, 2008, or the date the alien first meets the requirements for payment, whichever is later. Verify all income and resources retroactively to the beginning of that month.

  • Establish the start date record as follows:

  • Use 10-01-08, for all cases that require GOOD FAITH, age 18 eligible, Citizenship application or swearing in ceremony date prior to 10-01-08, or person attained age 70 prior to 10-01-08.

  • Use date of Citizenship application or swearing in ceremony or date of age 70 attainment if date is after 09-30-08.

  • Enter correct ZX field value (AER code) that corresponds with conditions of reinstatement.

  • After the SSR has been established in C01, seed the case into MSSICS.

  • When page 3 of AALN enters path, if the claimant is age 18 or over as of 09-30-08, and may be potentially eligible for an extension, answer COLLECT TIME LIMITED INFORMATION is Y.

  • Follow the progression of questions as they appear on the screen. Answer each according to relevance. Continue through the MSSICS path and then build to the SSR:

  • Based on the answers and dates contained within page 3 of AALN, the system will build the appropriate AER (Alien Eligibility Reason) value to the SSR. This value controls the extension eligibility period, allowing the system to properly identify when the claimants extension period would end.

  • Notices should be suppressed when building to the SSR, and a manual notice generated.

b. Record in PSY N13

MSSICS Case:

  • Update the Alien Status (AALN) screen with the time limited extension information.

  • Build to the SSR.

  • If the alien is eligible for the benefit extension, the system builds the SSR with an AER (Alien Eligibility Reason) value to control for the extension. The system puts the case into N13 at the end of the claimant’s extension period.

  • If the alien is not eligible for the benefit extension, the system builds the appropriate status of N13.

Non- MSSICS Case:

Day One:

  • Terminate the record if eligible for the extension

Day two

  • Establish a start date record.

    • Use 10-01-08 for all cases that require GOOD FAITH, age 18 eligible, Citizenship application/ swearing in ceremony date prior to 10-01-08, or person attained age 70 prior to 10-01-08.

    • Use date of Citizenship application or swearing in ceremony or date of age 70 attainment if date is after 09-30-08.

  • Enter correct ZX field value (AER code) that corresponds with conditions of reinstatement.

  • After the system establishes the start dated record, seed the case into MSSICS.

  • Update the Alien Status (AALN) screen with the time limited extension information.

  • If the alien is eligible for the benefit extension, the system will build the SSR with an AER (Alien Eligibility Reason) value to control for the extension. The system will put the case into N13 at the end of the claimant’s extension period.

NOTE: If the appropriate AER code is not entered, the alien may not appear eligible for the benefit extension; the system would then build the appropriate status of PSY N13

B. Additional tools for alien extension processing

  1. To access systems instructions, link to:

    EM-09064 Systems Changes to Automate the SSI Extension for Elderly and Disabled Refugees Act; Instructions in Attached Link - 09/24/2009.

    http://policynet.ba.ssa.gov/reference.nsf/links/09242009093916AM

  2. Technicians also have access to the “Hot Topics” page in PolicyNet at:

    http://policynet.ba.ssa.gov/reference.nsf/links/10302008111506AM

  3. A special mailbox created to field questions to OPSOS or OISP:

    ^DCO SSIAlien Extension Act Help

C. Notices

The system should issue the appropriate denial or reinstatement notice. If a manual notice is needed use the following examples.

1. Alien does not qualify for the benefit extension

If the alien does not qualify for the benefit extension, issue a manual denial notice on a SSA-L8155, Notice of Planned Action. Add an additional sub-paragraph under the caption, “Alien Categories.” Use the following language:

“12. Aliens who are eligible under the law entitled, “The SSI Extension for Elderly and Disabled Refugees Act.” This law temporarily extends the 7-year eligibility limit for certain refugees, asylees, and other humanitarian aliens, to a maximum of 9 years during the period October 1, 2008, through September 30, 2011. Aliens whose naturalization application are pending or received a notice to appear at a naturalization ceremony are exempted from the 7-year eligibility limitation during this time period.”

If you deny the claim because the individual is not making, or does not wish to make a good faith effort to pursue citizenship, add the following language:

“You are no longer eligible to receive SSI based on the Extension for Elderly and Disabled Refugees Act because you do not have a pending application for naturalization with the U.S. Citizenship and Immigration Services (USCIS), or you chose not to pursue U.S. citizenship.”

2. Alien qualifies for reinstatement (SSA-L8151)

If the alien qualifies for reinstatement, issue a manual reinstatement notice on a SSA-L8151 Notice of Change in Payment. Under the caption, “Your SSI Eligibility as an Alien,” insert the following language:

“You are eligible for SSI as an alien under a law entitled “The SSI Extension for Elderly and Disabled Refugees Act’. Your SSI eligibility is limited to the first 9 years after you were admitted as a refugee, asylee, or under certain other alien categories.”

Under the alien categories, add an additional sub-paragraph. Use the following language:

“12. Aliens who are eligible under “The SSI Extension for Elderly and Disabled Refugees Act.” This law temporarily extends the 7-year eligibility limit for refugees, asylees, and certain other immigrants to a maximum of 9 years during the period October 1, 2008, through September 30, 2011.”


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