TN 13 (09-02)
SI 01150.114 Posteligibility Cases with Period of Ineligibility
Use these procedures in posteligibility situations if:
A transfer of resources occurred on or after 12/14/99;
A period of ineligibility exists based on the transfer of resources; and
The individual does not meet one of the transfer exceptions listed in SI 01150.121-SI 01150.125.
B. Procedure — Applying the period of ineligibility
Follow this procedure to determine which months are affected by the period of ineligibility. Based on when the transfer occurred and the number of months in the period of ineligibility, the months affected can be:
All past months;
Past and future months;
Future months only.
Example 1: All Past Months During a redetermination for Mr. Howard conducted on 7/2/00, it is learned that he transferred a resource on 12/22/99 that results in a period of ineligibility of 5 months. The period of ineligibility begins as of 1/00 (the month after the transfer) and continues through 5/00.
Example 2: Past and Future Months During a redetermination for Mr. Fine conducted on 7/2/00, it is learned that he transferred a resource on 12/22/99 that results in a period of ineligibility of 16 months. The period of ineligibility begins as of 1/00 (the month after the transfer) and continues through 4/01.
Example 3: All Future Months Mr. Johnson who is eligible for SSI comes into the field office on 7/12/00 to report that he inherited stocks on 7/3/00 and gave them to his daughter on 7/5/00. The value of the stocks results in a period of ineligibility of 4 months. The period of ineligibility begins in 8/00 (the month after the transfer) and continues through 11/00. Mr. Johnson would be eligible again for SSI in 12/00.
C. Procedure — Determining whether undue hardship exists
Determine whether the individual meets the requirements for undue hardship in order to determine whether any SSI payments are due during the period of ineligibility caused by the resource transfer. To make the undue hardship determination, follow the instructions in SI 01150.126 and the following additional procedures that pertain to posteligibility situations.
1. Past months and current month
Make an undue hardship determination for each past month in the period of ineligibility and the current month to determine if the individual was eligible for the SSI payments already received. For this purpose, the current month is treated the same as a past month because at the point that we are developing undue hardship, we are already past the first moment of the month. See SI 01150.126 for instructions for determining undue hardship.
2. Future months
For future months, follow the instructions in SI 01150.126 to develop undue hardship. If you determine that the individual will continue to meet undue hardship for future months, do not stop the SSI payments and diary the case for a recontact per SI 01150.126F. and SI 01150.112D.3.
D. Procedure — Systems input
1. Payment Status Input
Input payment status N04 for any months that the individual is in a period of ineligibility and does not meet the requirements to be eligible based on undue hardship. (See SM 01305.001.) The case must be taken out of MSSICS to input N04.
Suppress the automated notice using the NP field (SM 01305.530) or by inputting the Goldberg-Kelly fields (SM 01305.510).
Suppress the AONS notice if the N04 for past months will create an overpayment on the record (SM 01310.305).
2. SSR Remarks field input
An SSR Remarks field input is required for these cases. Follow the instructions in SI 01150.112D.2.
3. Diary code input
a. RT diary
Follow the instructions in SI 1150.112D.3.a. to diary the case for recontact if the individual will be eligible for benefits based on undue hardship for future months.
b. MN diary
Input the MN diary whenever the individual has transferred a resource for less than fair market value. The M