The following evidence should be submitted with all referrals to the ARC-MOS:
a. A photocopy of the deed or title.
b. A photocopy of the written agreement that purportedly gives a life estate (not
required for an oral agreement).
c. A statement from the titleholder and SSI claimant regarding:
The terms of the agreement under which an interest was granted (not required for an
already written agreement).
The circumstances that led to the agreement.
Who has paid the property taxes and upkeep.
Who, if anyone, has paid for major improvements to the property.
Whether the recipient would be allowed to live there if the titleholder sold the property.
d. If the titleholder refuses to submit a signed statement giving information specified
above, the adjudicator will presume that the claimant does not have a life estate
interest and no referral to the ARC-MOS is required.
Note: Whenever referral to the ARC-MOS is made and some SSI payment would be due regardless
of whether an ownership interest exists, a partial award should be made (e.g., if
an ownership interest is found, the individual would be due the full FBR, if no ownership
interest is found the individuals payment would be reduced because of free rent. Pending
the ARC-MOS decision, the adjudicator should make a partial award reducing the SSI
payment for the free rent).