TN 14 (02-02)
SI 00603.031 When a Preeffectuation Review Contact (PERC) Is Required
A. Policy - Deferred Development
A PERC is required in all deferred development claims when a notice of disability allowance is received and the exception in SI 00603.032A. does not apply. (See SI 00603.030A.4. for the definition of a disability allowance.)
B. Policy - Simultaneous Development
A PERC is required in simultaneous development claims when none of the exceptions in SI 00603.032 applies and more than 120 calendar days have elapsed between the reference date (see SI 00603.030 for a definition) AND
the date of systems input of a final disability allowance when there is a systems record at the point the allowance is received in the FO; or
the date the SSA-831-C3/U3 (Disability Determination and Transmittal) and folder are received from the Disability Determination Services (DDS) when there is no systems record, or
the date the FO receives an AC decision, or
the date the FO receives a court decision.
NOTE: If you receive a DDS early notification before the time limit expires but the final notification is received after the time limit expires, you must still complete a PERC.
C. Procedure - Couple Claim
Follow these instructions for situations where both members are filing and both members require a disability determination and they have remained a couple. The instructions cover both deferred and simultaneous development claims.
NOTE: If one member of the filing couple can be paid without a disability determination (e.g., one member is aged or on title II disability), the regular rules in SI 00603.031B. apply to the member who requires a disability determination.
1. Deferred Development
When the first member's disability is allowed, and this member can be paid as an eligible individual with an ineligible spouse, conduct the PERC and have both members sign the PERC document. At this point, the claim for the remaining spouse is a simultaneous development claim. If the medical allowance for the remaining spouse is received more than 120 days after the PERC, do another PERC. Only the remaining member's signature is required.
2. Simultaneous Development
The following rules for conducting a PERC (full or limited) apply as long as the claim is not an exception as described in SI 00603.032.
a. One Member's Disability Notice Received Within Timeframe
If notice of one member's disability is received within the 120-day timeframe, but notice of the other member's disability is received after the timeframe, conduct a PERC when notice of the second member's disability allowance is received and have both members sign the PERC document.
b. Both Members' Disability Notices Received Outside Timeframe
If the notices of disability allowance for both members of the couple are received after the timeframe, conduct a PERC when the first notice is received and have both members sign the PERC document. If the medical allowance for the remaining member is received more than 120 days after the PERC, do another PERC. Only the remaining member's signature is required.