Effective Dates: 06/28/2022 - Present Previous | Next

TN 51 (06-22)

SI 01140.100 Non-Home Real Property

A. Definition of non-home real property (NHRP)

NHRP consists of land and buildings or immovable objects (including some mobile homes) that are permanently attached to the land and do not meet the definition of a home as defined in SI 01130.100.

B. Policy for NHRP

Unless otherwise excluded, count the current market value (CMV) of the NHRP (or the portion of it) that belongs to the claimant, recipient, or deemor as a resource (For instructions on establishing the CMV, see SI 01140.100I in this section). Absent evidence to the contrary, assume that a claimant, recipient, or deemor can sell the property at its estimated CMV. When the claimant, recipient, or deemor alleges an encumbrance against the NHRP, develop and count the equity value as a resource. For definitions of encumbrance and equity value, see SI 01140.042 .

C. Policy for using the electronic NHRP search process in the Supplemental Security Income (SSI) claim system

1. What the NHRP search process is and how we use the information we receive

The agency created an electronic search process integrated in the SSI claim system (i.e., MSSICS/SSI claim) that uses a LexisNexis|Accurint database to provide real property information for claimants, recipients, and deemors. The NHRP search process returns information about potential real property ownership and property values, which SSA uses to establish a lead for further investigation and potential action (unless the property qualifies for the Home Exclusion as the individual’s primary residence, per SI 01130.100).

IMPORTANT: LexisNexis|Accurint provides information to us only for use as a lead, and the information we receive may not be accurate or complete. Do not use information obtained from LexisNexis|Accurint to deny or suspend benefits. . Only use the information to establish a lead for further investigation and potential action. We treat LexisNexis|Accurint responses – both those received via the mandatory NHRP search process described in this section as well as those received via the manual process of searching LexisNexis|Accurint’s online database described in SI 01140.105 – as third-party reports that require additional verification as described in sections F and G of this POMS section.

SSA must review the LexisNexis|Accurint information with the recipient or deemor prior to processing a resource determination based on the information.

  • •

    If the individual denies that they own the property identified in the LexisNexis|Accurint search or the individual agrees that they own the property, but its resource value is not high enough to affect SSI eligibility, we must independently verify the property information.

    For instructions on independently verifying NHRP when an individual disputes ownership, see SI 01140.100F in this section. For instructions on verifying NHRP when the alleged resource value does not affect eligibility, see SI 01140.100H through SI 01140.100J in this section.

  • •

    If the individual agrees that they own the property identified in the LexisNexis|Accurint search and the individual alleges a CMV (or equity value if they allege any encumbrances against the property) that makes them ineligible for SSI, we accept the allegation and no further verification is required.

2. When the NHRP search process is required

You must use the electronic search process integrated into the SSI claim system to search for real property of all claimants, recipients, and deemors during the following claim events:

  • •

    Full initial claims;

  • •

    High-error profile C (HEP C) redeterminations;

  • •

    Fully or partially favorable initial claim appeal reversals; and

  • •

    Denied claim reopenings.

While we only require NHRP search requests during the listed claim events, you may create an NHRP search request any time there is a potential NHRP issue (e.g., you have reason to believe the individual neglected to disclose ownership of real property, recently sold or acquired real property, or transferred real property for less than fair market value).

EXCEPTION: Claims completed outside of the SSI claim system (i.e., paper claims) are not subject to the NHRP search process rules in SI 01140.100C in this section. However, the procedures for documenting NHRP ownership and determining the CMV/equity value (sections H through J in this POMS section) still apply to those claims.

Always consider administrative finality rules when making NHRP determinations. See SI 04070.010 for more information about administrative finality and reopening policies and SI 01140.100F.3 in this section for how administrative finality might apply in a case involving an NHRP search.

Proceed with the NHRP search process in this section after the claimant, recipient, or deemor answers the question(s) regarding ownership of property in the resource section of the SSI claim path.

3. Before you generate an NHRP search request

a. Open Event

You must open an event on the associated claim before you create an NHRP search request.

b. Obtain claimant, recipient or deemor’s allegation about NHRP

Collect and document a claimant, recipient or deemor’s allegation of NHRP ownership (including co-ownership), or lack thereof, on the Real Property (REAL) page before generating an NHRP search request. If the individual alleges owning NHRP with an equity value (CMV minus any encumbrances) that makes them ineligible for SSI payments due to excess resources, follow SI 01140.010D.2. Do not generate an NHRP search request.

c. Provide Privacy Act Statement

 

If you did not previously review the Privacy Act Statement with the claimant, recipient, or deemor prior to this point in the interview per SI 02305.071, you must do so before collecting any allegations regarding NHRP.

First, deliver the following summarized oral Privacy Act Statement:

“Sections 1611(c) and 1631(e) of the Social Security Act allow us to collect the information you provide, which we will use to make a determination of eligibility of benefits. Providing us this information is voluntary, but not providing all or part of the information may prevent an accurate and timely decision on your eligibility or continued eligibility for SSI benefits. We may disclose your information as law permits, including to contractors, authorized representatives or payees, and others listed in routine uses in System of Records Notices 60-0089, 60-0103, and 60-0320; available at www.ssa.gov/privacy. Your information may also be used in computer matching programs to establish or verify eligibility for Federal benefit programs and debts under these programs.”

Second, provide a means by which the individual can receive the full Privacy Act statement in writing:

  • •

    If collecting the information in-person: Provide the individual with a copy of the Privacy Act Statement, which is printed on the receipt at the end of the interview.

  • •

    If collecting the information by telephone or other medium: Point the individual to where the form is located online (if available online), or offer to mail the individual a copy.

For reference, the full Privacy Act Statement can be found on the SSA-8000 (Application for Supplemental Security Income (SSI)) and the SSA-8203 (Statement for Determining Continuing Eligibility for Supplemental Security Income Payments).

d. Process prior NHRP search requests first

You must a make a decision on any pending NHRP search responses, following the procedure in SI 01140.100E in this section, before initiating a new NHRP search request.

4. Who needs an NHRP search request

Create an NHRP search request for each claimant or recipient. Create an NHRP search request for each deemor associated with the claim if he or she has a relationship with the claimant for at least one month within the period you request NHRP information.

NOTE: Do not submit NHRP search requests for all people associated with the claim at the same time unless each person provided answers to our NHRP ownership questions on the Real Property (REAL) page. Ensure each person answered the NHRP ownership questions themselves before generating an NHRP search request for that individual.

 

D. Procedure to generate an NHRP search request in SSI claim system

The chart in this section provides the two alternative entry points to access the “Non-Home Real Property Requests” screen in the SSI claim system.

Step

Actions

1

From the Consolidated Claims Experience (CCE) - Claims Home page, enter the individual’s Social Security number (SSN) and select "Next."

On the Claims Summary page, select the SSI claim you are working on and select “Next.”

On the Claims Actions page, select “Update” or “Query” and select the “Non‑Home Real Property” option.

Go to step 2;

OR

From the SSI Home webpage, select the Non-Home Real Property link and enter the individual’s SSN.

Go to step 2.

2

From the “Non-Home Real Property Requests” page, select the requested individual and select the “Send Request” button.

The “Request Results” tables generate for each requested individual and display “Request Status,” “Action Required,” and “Request ID” columns.

NOTE: The NHRP Application completes all requests in real time. You will receive a response within seconds.

Go to Step 3.

3

If the “Action Required” column shows “Property information to review,” proceed to the “Pending Real Properties” (RLPN) page. (For instructions on completing this page, see chart in SI 01140.100E in this section).

E. Procedure to complete pending real properties for an NHRP search request

 

The chart in this section provides instructions to complete pending real properties, i.e., properties returned through an NHRP search request that require evaluation. For step-by-step instructions on what to do when an individual disagrees with the NHRP search results, see SI 01140.100F. For instructions when an individual agrees with the NHRP search results, see SI 01140.100G in this section.

Step

Actions

1

If only one property is found for the requested individual, the SSI claim system will display the property on the “Pending Real Properties” (RLPN) page (accessible from the “Person Status” (PERS) page). Go to Step 3.

If multiple properties are found for the requested individual, the “Pending Real Properties List” page will display. Go to Step 2.

NOTE: There is only one RLPN screen displayed in the SSI claim system. If there is no RLPN page, there are no properties pending to complete.

2

Select a pending property from the list. The RLPN page displays. Go to Step 3.

3

Select one of the following radio buttons:

  • •

    Update existing property – Select this option when you are ready (i.e., when no additional development is required) to update information about a property that is already listed on the existing Real Property Page. For more information on why you might select this option, go to step 4.

  • •

    Add new property – Select this option when you are ready (i.e., when no additional development is required) to add a new Real Property Page. For more information on why you might select this option, go to step 4.

  • •

    Reject property – Select this option to reject the property. Once rejected, you cannot retrieve the property details. For more information on why you might select this option, go to step 5.

  • •

    Decide Later – Select this option if additional development is required or when you need to independently verify property information prior to accepting or rejecting property. You will not be able to close the event until resolved. For more information on why you might select this option, go to step 6.

4

“Update existing property” or “Add new property” option requires you to input or update:

  • •

    a description of the property/property usage;

  • •

    information in address fields, if incorrect or missing;

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    if the property is or is not used to produce income;

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    if the property is co-owned. If there is a co-owner(s) select “yes” and provide the co-owner’s name and period of co-ownership; and

  • •

    an alleged or verified value for the property and dates for each value.

    After you complete these fields, proceed through the claims path.

5

“Reject property” option requires you to choose a “Reject reason.” List reject remarks, if necessary. The possible reject reasons are as follows:

  • •

    Duplicate address (select this if the property is already documented in the claims path);

  • •

    Current primary residence (select this if the property qualifies for the Home Exclusion; see SI 01130.100 for more information);

  • •

    They do not own the property (or you were unable to independently verify that they own the property); and

  • •

    Other – if “Other” is selected, input an “Other reason” in the generated field.

Follow instructions in SI 01140.100F in this section to develop and document “Reject Property” decisions in which the individual alleges the rejection reason “they do not own the property.” Use the “Decide Later” option on the “Pending Real Properties” page until you have completed necessary development. After development is complete, input the “Reject property” property determination.

NOTE: A “Prior Rejections” field displays when the address of the property on the “Pending Real Properties” page exactly matches a property that we previously rejected for the associated SSN. After you complete these fields, proceed through the claims path.

6

The “Decide later” option requires no further action to proceed through the claims path. Once you have completed the required development/independent verification process, you will change this selection to one of the other options to process the resource determination.

REMINDER: You will not be able to close the event until a decision is made on the property.

F. Procedure when the claimant, recipient, or deemor disagrees with NHRP ownership information

Follow the instructions in this section to develop information on property discovered using the NHRP search process when the individual disagrees with the ownership information presented.

1. Document allegation

Document the individual’s allegations about not owning the property either via a signed person statement (i.e., DPST or SSA-795) or on a report of contact (i.e., SSA-5002 or DROC). Code the Pending Real Properties page with the “Decide Later” option until development is complete.

2. Conduct an independent verification of property

LexisNexis|Accurint information received via the NHRP search process (as well as through manual searches as discussed in SI 01140.105) are third-party reports, which may only be used to establish a lead. This means you cannot use LexisNexis|Accurint information:

  • •

    as evidence of property ownership or CMV when the individual disagrees with the information; or

  • •

    to deny or suspend benefits.

a. Verify property information

To verify property ownership (and then CMV, if ownership is verified) when an individual disagrees with NHRP information:

Step

Actions

1

(OPTIONAL STEP) Search for the property using the website of the jurisdictional property tax office. Search only by property identifiers, such as address or parcel ID. Do not search by entering the individual’s personally identifiable information (PII) into the website.

IMPORTANT: Similar to LexisNexis|Accurint data, we treat data from property tax office websites as a third-party report that requires additional verification. We can only use the information to establish a lead for further investigation and potential action because information on the website may not be accurate, current, or provided for such usage. Therefore, do not rely on information obtained from property tax office websites to deny or suspend benefits unless the individual agrees with it.

If the website indicates that the property is owned by someone with the same name (and other identifying information, if available) as the SSI individual, present the findings to the individual.

  • •

    If the individual now agrees they own the property, proceed to document the property per SI 01140.100F.2.b in this section.

  • •

    If the individual continues to dispute ownership, continue to Step 2. We cannot rely on information obtained from property tax office websites to deny or suspend benefits.

If the website indicates that the property is owned by someone else, also continue to Step 2. (The website information may not be accurate or current.)

2

Call a local government source to obtain property information. Local government sources include:

  • •

    Property tax office;

  • •

    County clerk;

  • •

    County recorder; or

  • •

    Registry of deeds.

If the local government source indicates the property is owned by someone other than the individual, accept the individual’s allegation of non-ownership and document the results of your investigation following SI 01140.100F.2.b in this section.

If the local government source provides a property owner name that matches the individual, continue to Step 3.

NOTE: If you are unable to reach a local government source (e.g., you experience excessive wait times) or are unable to verify property ownership through a local government source (e.g., they refuse to release information about the property), accept the individual’s allegation of non-ownership and document the results of your investigation following SI 01140.100F.2.b in this section.

NOTE: If required by the local government source, get consent from the SSI individual to obtain their personal information from third parties via the Personal Information Authorization page or SSA-8510 (Authorization for the Social Security Administration to Obtain Personal Information) for non-SSI Claim system cases.

3

To confirm an identity match (i.e., confirm that the listed property owner and SSI individual are the same person), ask the local government source for the address of the property tax bill and names of any co-owners of the property. Compare the information you receive with information in the SSI individual’s record on file.

If the co-owner’s name matches someone we have on file for the SSI individual (such as a deemor or other family member) or the tax bill address matches a current or previous address we have on file for the SSI individual, we have sufficient evidence to prove the individual owns the property. Notify the individual and proceed with the NHRP resource determination as follows:

  • •

    Obtain a CMV estimate from the local government source or from a knowledgeable source listed in SI 01140.100I.2 in this section; and

  • •

    Document the property following SI 01140.100F.2.b in this section. Also consider whether any other issues, such as those in SI 01140.100F.2.c in this section, may require additional development.

If neither the co-owner (if applicable) nor the tax bill address matches information we have on file for the SSI individual, or if neither piece of information is available:

  • •

    Accept the individual’s allegation of non-ownership; and

  • •

    Document the results of your investigation following SI 01140.100F.2.b in this section.

b. Document property determination and evidence

Document steps taken and the result of your investigation in the claim file. (This includes instances where you were unable to independently verify the property and are accepting the individual’s allegation that they do not own it.) Upload any associated evidence into the electronic folder (e.g., Claims File User Interface (CFUI) and Evidence Portal (EP)).

When independent verification shows that the individual owns the property:

  • •

    Record the “Update existing property” or “Add new property” option on the Pending Real Properties page.

  • •

    Document the property on the appropriate resource page. Include the following:

    • –

      Ownership information, including names of co-owners on the property and ownership shares, if applicable;

    • –

      Ownership transfer or sale dates;

    • –

      CMV information according to SI 01140.100I.2 in this section;

    • –

      Information about encumbrances on the property, if applicable; and

    • –

      For phone verifications with a local government source, document the contact on a DROC and include the name of the person providing the information as well as the name, address, and telephone number of the business or agency for whom the person providing information works.

  • •

    Consider whether any other issues, such as those in SI 01140.100F.2.c in this section, may require additional development.

NOTE: Evidence obtained through independent verification based on the instructions above is sufficient to process the resource determination and deny or suspend benefits.

If the individual continues to dispute ownership or presents conflicting evidence, see GN 00301.040. When independent verification does not show that the individual owns the property:

  • •

    Retrieve property details from the NHRP Pending Real Properties page and document them on a DROC in the SSI Claim system along with the results of the investigation and resource determination. Lock the DROC.

  • •

    Select the “Reject Property” option on the Pending Real Properties page.

c. Other NHRP considerations to document

When independent verification shows NHRP property ownership, outstanding issues may remain that require additional development. For example, the individual may:

  • •

    rebut the assessed CMV (SI 01140.100I.3);

  • •

    allege encumbrances necessitating development of equity value (SI 01140.100J.2);

  • •

    allege a condition that may render the property an asset that is not a resource (SI 01110.115);

  • •

    be in a situation where other resource exclusions may apply (e.g. SI 01130.120E).

Request evidence from the claimant, recipient, or deemor in support of these allegations, per SI 00601.100B.2. Provide assistance if the claimant, recipient, or deemor cannot obtain evidence.

3. NHRP Example

During a redetermination in April 2021, Mr. Alan Fox alleges owning no property other than his home on 123 Any St. After documenting the allegation, the CS initiates a property search using the NHRP search process and discovers a property at 10021 Lost River Hwy. Mr. Fox alleges that he does not own this property. The CS selects the “Decide Later” option on the “Pending Real Properties” page and has Mr. Fox sign a person statement, stating his allegation that he doesn’t own the property.

The CS visits the county tax assessor’s website and runs a search by property address for 10021 Lost River Hwy. The assessor’s website shows that “Alan Fox” has owned the property, a tract of unimproved land, since April 2018. The CS presents the website information to Mr. Fox, but he continues to deny owning the property.

The CS then calls the county’s property tax assessor’s office and speaks with a tax official about the property at 10021 Lost River Hwy. The tax official confirms that “Alan Fox” is the current owner of the property. To ensure this is not a case of mistaken identity due to a common name mismatch, the CS asks for the mailing address of the property’s tax bill and for the names of any co-owners. The official indicates there are no co-owners and the tax bill address is 123 Any St.

Because the tax bill address matches the home address we have on file for Mr. Fox, we have sufficient proof that Mr. Fox is the owner and can move forward with making an NHRP resource determination. The CS obtains documentation from the tax official showing that Mr. Fox became the owner in April 2018 and that the property’s tax-assessed value has been $35,000 each year since then. We notify Mr. Fox of our findings. When presented with this new information, Mr. Fox now recalls that his uncle passed away three years ago and left the property to him. He alleges no encumbrances or situations that would prevent him from selling the property.

The CS records the updated statement regarding the property on a DROC. On the “Pending Real Properties” page, the CS updates the property decision and selects the “Add new property” option. The CS lists the property on the Real Property page in the SSI claim system as of April 2018, but excludes it until May 2019, the earliest date we can count it under the rules of administrative finality. From May 2019 onward, the CS uses the tax-assessed value shown on the tax assessment records as the CMV. The CS then uploads the evidence into the electronic folder.

G. Procedure when the claimant, recipient, or deemor agrees with NHRP ownership information

Follow these instructions to develop information on property discovered using the NHRP search process when the individual agrees they own the property.

1. Alleged property value results in SSI ineligibility

Accept the individual’s allegation of the property’s value (or their agreement with the “assessed total value” returned through the NHRP search) if:

  • •

    countable resources, including the real property, exceed the resource limit; and

  • •

    the individual does not allege any debts against the property that reduce countable resources to within the limit.

Document the individual’s allegation of ownership and property value either via a signed person statement (i.e., DPST or SSA-795) or on a report of contact (i.e., SSA-5002 or DROC). No additional verification is required. Complete the “Update existing property” or “Add new property” field on the Pending Real Properties page and document the property on the appropriate resource page. If the claim or post-eligibility event will be denied/suspended due solely to excess nonliquid resources, develop the possibility of conditional benefits following SI 01150.200.

2. Alleged property value does not result in SSI ineligibility

If the individual alleges that the CMV of the property (or its equity value if the individual alleges any encumbrances against the property) is low enough that it does not affect SSI eligibility, independently verify the property’s value. For instructions on how to develop ownership, CMV, and equity value, see SI 01140.100H through SI 01140.100J in this section.

Use the verified information you obtain to complete the “Update existing property” or “Add new property” field on the Pending Real Properties page and document the property on the appropriate resource page. Upload any associated evidence into the electronic folder (e.g., CFUI and EP).

H. Procedure to document NHRP ownership

Follow the steps in this section to document NHRP ownership in the SSI claim system.

1. Sole ownership

Absent evidence to the contrary, accept a claimant, recipient, or deemor’s allegation of sole ownership of property.

Document the allegation either via a signed person statement (i.e., DPST or SSA-795) or on a report of contact (i.e., SSA-5002 or DROC).

2. Shared ownership

Document an allegation of shared ownership with any of the following evidence:

  • •

    a tax assessment notice or bill;

  • •

    a current mortgage statement;

  • •

    a deed;

  • •

    a report of title search; or

  • •

    a will, court record, or other documentation of inheritance.

If the claimant, recipient, or deemor alleges owning anything other than an equal share of the property (e.g., alleges having a 25 percent ownership interest where there are only two owners), the evidence must support the specific ownership level alleged. Upload any associated evidence into the electronic folder (e.g., CFUI and EP).

I. Procedure to establish the Current Market Value (CMV) of NHRP

This section provides instructions to establish the CMV of the property.

1. When to use the claimant, recipient, or deemor’s allegation to establish the CMV

Accept the claimant, recipient, or deemor’s allegation of the property's value if:

  • •

    countable resources, including the real property, exceed the resource limit; and

  • •

    the claimant, recipient, or deemor does not allege any debts against the property that reduce countable resources to within the limit.

Document the individual’s allegations about the property’s value either via a signed person statement (i.e., DPST or SSA-795) or on a report of contact (i.e., SSA-5002 or DROC).

2. When to use a knowledgeable source estimate to establish the CMV

If you cannot use the claimant, recipient, or deemor’s allegation to establish CMV, and no other evidence is available, request that the claimant, recipient, or deemor obtain an estimate of the property's CMV from a knowledgeable source. Upload any associated evidence into the electronic folder (e.g., CFUI and EP).

NOTE: Search results from LexisNexis|Accurint may provide information on a property’s "assessed total value." This information only establishes a lead. Do not use the LexisNexis|Accurint database information to determine CMV unless the claimant, recipient, or deemor agrees with the "assessed total value" information and it makes them ineligible for SSI payments.

a. What the estimate must show

The estimate must show:

  • •

    the estimated value;

  • •

    the name of the person providing the estimate or the online jurisdictional property tax database;

  • •

    the name, address, and telephone number of the business or agency for whom the person providing the estimate works;

  • •

    the basis for the estimate, to include things such as a description of the property and its condition and, where appropriate, the value of similar property in the same area; and

  • •

    the period to which the estimate applies (which should correspond to the period for which the claimant, recipient, or deemor requested the estimate).

b. Knowledgeable sources for estimating CMV

Knowledgeable sources are limited to the following:

  • •

    an official of the local property tax jurisdiction (be sure to obtain the official’s estimate rather than the office's assessment);

  • •

    online jurisdictional property tax databases;

  • •

    banks, savings and loan associations, mortgage companies, and similar lending institutions (particularly for information about encumbrances that reduce the individual’s equity value);

  • •

    real estate brokers;

  • •

    the local office of the Farmer's Home Administration (for rural land);

  • •

    the local office of the Agricultural Stabilization and Conservation Service (for rural land); and

  • •

    the County Agricultural Extension Service.

c. Assisting the claimant, recipient, or deemor

Provide assistance if the claimant, recipient, or deemor cannot obtain an estimate.

If you obtain an estimate by phone, be sure to record all pertinent facts per the instructions in SI 01140.100I.2.a in this section.

To obtain an estimate by mail, use form SSA-L2794 (Real Property Current Market Value).

If you access an online jurisdictional property tax database to assist the individual:

  • •

    Treat the information as a third-party report that requires additional verification;

  • •

    Only use the information to establish a lead;

  • •

    Do not use the information to deny or suspend benefits unless the individual agrees with it;

  • •

    Never enter an applicant, recipient, or deemor’s personally identifiable information (PII) into the website. Only search by property identifiers such as address or parcel ID;

  • •

    Never create an online account to access information; and

  • •

    If there is any reason to question the website information, use another knowledgeable source.

d. Obtaining more than one estimate

If you doubt the validity of an estimate furnished by the claimant, recipient, or deemor, obtain an estimate from an additional knowledgeable source. To resolve any conflicts in evidence, follow procedures in GN 00301.040.

3. CMV rebuttals

Prepare a rebuttal determination if the claimant, recipient, or deemor disagrees with CMV evidence that he or she submits or that you obtain, and the difference is material to eligibility.

The determination must take into account and explain:

  • •

    all the evidence previously in file (the claimant, recipient, or deemor’s original allegation and any estimates from knowledgeable sources);

  • •

    any additional evidence the claimant, recipient, or deemor submits, including evidence that the claimant, recipient, or deemor’s ownership interest in the property is worth less than the total value of the property divided by the number of owners; and

  • •

    all other facts the field office has about the property or about market conditions where the property is located.

The rebuttal determination must:

  • •

    be supported by a preponderance of the evidence (which may require one or more additional estimates from knowledgeable sources);

  • •

    explain the basis or reasoning for the decision; and

  • •

    must cover the entire period for which the value of the property is material to eligibility.

J. Procedure for developing the equity value of NHRP

Follow the instructions in the section to develop the equity value of the property.

1. When to develop the equity value

Develop the equity value of the NHRP when the claimant, recipient, or deemor alleges a debt against the property and the difference between equity and CMV could mean the difference between eligibility and ineligibility. For more information on equity value, see SI 01140.042.

2. Evidence of an encumbrance on the property

The claimant, recipient, or deemor must support an allegation of an encumbrance on the property (any legal debt, such as a mortgage, lien, loan, purchase contract, security interest, etc.) with evidence of:

  • •

    the original amount owed;

  • •

    the outstanding principal balance; and

  • •

    the schedule and amount of payments due on the principal balance.

(For a definition of encumbrance, see SI 01110.400A.1.c.)

Obtain all necessary release forms, including the SSA-8510 (Authorization for the Social Security Administration to Obtain Personal Information) if needed to obtain personal information from third parties to verify property ownership or value information and the SSA-4641-U2 (Authorization for the Social Security Administration to Obtain Account Records from a Financial Institution) if needed to verify property value or encumbrance through a financial institution.

Request that the claimant, recipient, or deemor submit a copy of the note or agreement establishing the encumbrance. Provide assistance if the claimant, recipient, or deemor cannot obtain evidence.

Verify with the creditor (by phone, if possible) required information that the note or agreement does not show (normally, this is the outstanding principal balance), documenting your efforts in the electronic file.

3. Systems input

For input to the Case Characteristics Codes (CG) field of code RE99 or RE60, as applicable via the SSI claim system input on the Miscellaneous Data (CMSC) screen, follow the instructions in SM 01005.525. For an explanation of the RE99 and RE60 codes, see SM 01301.820.

Scheduled payments on the property’s mortgage will increase the equity value of the property over time. A rise in the equity value of the property may cause the claimant, recipient, or deemor’s resources to exceed the SSI limit before the next scheduled redetermination. If this occurs, establish an RT diary (for the SSI claim system input, see MS BUSSR 002.019).

When the diary matures, review the equity value and delete the diary (for batch input, see SM 01301.220 and MS BUSSR 002.019 for the SSI claim system input).

You do not need a redetermination of all factors of eligibility.

K. Procedure for property in the Northern Mariana Islands

For property in the Northern Mariana Islands, use an SSA-562-U3 (Request for Assistance Certification) to ask the Resident Representative in Saipan to obtain evidence that we cannot obtain locally (see GN 00904.080).

For information that the request should contain, see SI 01140.100L in this section.

L. Procedure for foreign property, including Puerto Rico

Determine the CMV and equity value for foreign property applying the same rules as domestic property.

NOTE: Do not use LexisNexis|Accurint to check foreign property. Do not use LexisNexis|Accurint to check Puerto Rico properties.

1. Obtaining evidence of ownership, CMV, or equity value for foreign property

If needed, request evidence from the claimant, recipient, or deemor of ownership, CMV, or equity value for the foreign property.

a. When the necessary documents are not readily available

If a claimant, recipient, or deemor does not have the documents necessary to support a determination of ownership and CMV or equity value, he or she may be able to write for them directly or with the aid of a local organization.

b. Assisting the claimant, recipient, or deemor

If the claimant, recipient, or deemor is unable to obtain the necessary documents, we must provide assistance. Request the Foreign Service Post to develop through the Office of Earnings and International Operations (OEIO). Submit your request to mailbox ||OCO OEIO INTERNATIONAL. Include an SSA-8510 with your request along with the following information:

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    a detailed description of the property, its location, and any other background information the claimant, recipient, or deemor can provide;

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    the specific information needed; e.g., CMV, the details of any restrictions on removing the proceeds of a sale from the country, etc.; and

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    the source(s) of the necessary documents or information, to the extent known.

2. CMV estimate in foreign currency

If the CMV estimate is in foreign currency, use the Currency Converter or contact a local bank for the current exchange rate. Apply the current rate retroactively and prospectively unless the claimant, recipient, or deemor provides reliable evidence of a different rate.

3. Foreign property with legal bars

Follow the instructions in this section for foreign properties with legal bars.

a. Legal bars

Do not develop for CMV if there is evidence of a legal bar to the sale of property or removing the full proceeds of a sale from the country. If the claimant, recipient, or deemor alleges such a bar, attempt to verify it by phone with an acceptable source of information before you develop per SI 01140.100L.1 in this section.

Document the information you obtain on an SSA-5002 or DROC.

b. Acceptable sources of information

To verify an allegation of a legal bar, contact one of these acceptable sources of information: a consulate, mission, or embassy of the country, or the United States (U.S.) Department of State.

The number for the General Information Desk at U.S. Department of State is (202) 647-4000. Each country has an office at the Department of State. You can find the appropriate office using the telephone directory at the U.S. Department of State’s website:

Telephone Directory - United States Department of State.

Contact your regional office through regular channels if you need help.

4. Effect of partial restrictions

a. Legal restriction on the amount that a claimant, recipient, or deemor can remove from the country

If a legal restriction limits the amount a claimant, recipient, or deemor can remove from the country, that limit is the maximum value the property can have as a resource.

b. Legal restriction affects when a claimant, recipient, or deemor can remove proceeds of a sale from the country

If a legal restriction affects when the claimant, recipient, or deemor can remove the proceeds of a sale from the country (e.g., once a year), such proceeds are income when the proceeds can be removed, and are not resources before then.

c. Property already sold and the claimant, recipient, or deemor can remove a portion of the proceeds from the country

If the claimant, recipient, or deemor already sold property and can remove a portion of the proceeds before the next scheduled redetermination:

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    input the appropriate amount as unearned income for the expected month of receipt; and

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    if the amount the claimant, recipient, or deemor will receive is likely to affect eligibility based on resources for the month after receipt, set a diary for the month after receipt to make a resource determination.

M. References

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    SI 00830.105 Payments in Foreign Currency

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    SI 01110.115 Assets That Are Not Resources

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    SI 01130.100 The Home Exclusion

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    SI 01130.120 Resource Evaluations for Real Property in Foreclosure

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    SI 01130.130 Real Property Whose Sale Would Cause Undue Hardship, Due to Loss of Housing, to a Co-Owner

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    SI 01130.140 Real Property Following Reasonable but Unsuccessful Efforts to Sell It Throughout a 9-Month Period of Conditional Benefits

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    SI 01130.500 Property Essential to Self-Support- Overview

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    SI 01140.044 Resources With Zero Value

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    SI 01140.105 Accessing Third Party Asset Reports Through LexisNexis|Accurint

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    SI 01150.003 Summary of Procedures for Processing Resource Transfers

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    SI 01150.200 Conditional Benefits

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    SI 02301.010 How to Act on Reports

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    SM 01005.525 Case Related Data

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    SM 01301.820 Case Characteristics Codes

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501140100
SI 01140.100 - Non-Home Real Property - 06/28/2022
Batch run: 06/28/2022
Rev:06/28/2022