TN 14 (02-10)
SI 01150.203 Explaining Conditional Benefits
A. Procedure for field office personnel to explain conditional benefits
1. When to explain
Explain the conditional benefits provision and its implications to an individual whose:
benefits are about to be denied or suspended due solely to excess nonliquid resources (or an individual and a deemor when the deemed amount causes excess resources); and,
remaining resources do not exceed the statutory limits.
Provide the same explanation to anyone able to take advantage of the provision if aware of it, including individuals who inquire about eligibility but have not yet filed an application.
2. What to explain
Explain the following to the individual:
Total resources exceed the amount allowable for regular SSI benefits.
Refundable SSI benefits are possible for a limited number of months if the individual agrees in writing to:
sell certain property within a specified period (identify the excess resources and the applicable disposal period);
sell the property for as much as he or she can within this period, while asking no more than the highest current market value (CMV) estimated by a knowledgeable and disinterested third party;
notify SSA within 5 working days of the sale of the resource; and,
refund the benefits paid during the period.
The agreement becomes effective on the date the individual receives written notice that the agreement is in effect. Written notice is provided once all nonresource requirements including disability or blindness (if applicable), are met.
In initial claims, we pay in the month after the month the agreement becomes effective. We cannot provide benefits for any month before the agreement takes effect or in the month the agreement takes effect.
The significance of continuing reasonable efforts to sell.
Before, during, or after the disposal period, the individual can submit evidence that the resource has a lower value than currently estimated.
Selling the resource does not necessarily result in ongoing eligibility since any sale proceeds remaining after refund of conditional benefits are countable resources which could cause ineligibility.
The overpayment is an appealable initial determination. However, we will not waive the refund requirement because we do not pay conditional benefits without an agreement to make refund. The individual cannot be found without fault with regard to the overpayment because he or she signed the agreement and received written notice of the repayment requirement.
SI 00601.060B - SSI Spotlight on Conditional Benefits