TN 9 (07-90)
SI 01150.205 Field Office Responsibilities During a Conditional Benefits Period
A. Operating Policy—Follow-ups
During a conditional benefits period, we make followup contacts by telephone whenever possible.
1. FREQUENCY OF CONTACTS
Personal Property - We make contact every 30 days during the initial 3-month period as well as during any extension period.
Real Property - We make contact:
2. PURPOSE OF CONTACTS
We contact the individual in order to:
remind him/her of the responsibility for selling the property and the time remaining in the disposal period;
verify the efforts being made to accomplish a sale;
verify if there has been an offer to buy since the prior contact; and
verify good cause in the absence of reasonable efforts to sell.
B. Development and Documentation
1. EFFORTS TO SELL
Document the individual's allegations regarding ads,listings, consignments, and other efforts to sell the resources.
Obtain any supporting evidence the individual can provide.
If the individual cannot provide evidence, verify allegations with the appropriate third party (by telephone if possible).
Develop and document efforts to sell property as described in a. above and evaluate those efforts against the criteria in SI 01150.201 B.2. Ask the individual to submit all appropriate proof such as:
copy of the listing agreement with the real estate agency in current use;
dated advertisement(s) indicating the property is for sale;
contracts with media to advertise the property;
a photograph of the “For Sale” sign on the property;
copies of fliers or posted notices; and/or
any other evidence of reasonable efforts to sell property.
NOTE: Reasonable efforts to sell do not have to be confined to traditional methods such as listing the property with a real estate agent or placing an ad in the newspaper. Any reasonable effort, considering the individual's circumstances, may be acceptable.
Extent of Verification - Verify only those allegations necessary to establish that the individual is making reasonable efforts to sell. Verifying duration of an ad, listing or consignment at the outset will prevent the need to verify its continuing existence at subsequent followup contacts.
2. OFFERS TO BUY REAL PROPERTY
whether there have been any offers to buy since prior contact;
the amount of the offer and whether the owner accepted it; and
if the owner has refused an offer that was at least two-thirds of the estimated CMV, his explanation for refusal.
Determine whether the individual is continuing to make reasonable efforts to sell.
3. INDIVIDUAL MAKING REASONABLE EFFORTS
If you decide that the individual is making continuing reasonable efforts to sell, diary the case for followup contact.
4. INDIVIDUAL NOT MAKING REASONABLE EFFORTS
Investigate Good Cause - If you judge the individual is not making continuing reasonable efforts to sell:
record the individual's allegations as to why;
obtain any evidence the individual has to support allegations of good cause; and
verify with a third party allegations the individual cannot support with evidence.
Make Good Cause Determination - Make a good cause determination regarding,as applicable, whether to:
Good Cause Does Not Exist - If you determine that the individual is not making reasonable efforts to sell and there is no evidence to establish both that the individual cannot pursue reasonable efforts to sell the property on his/her own and cannot make arrangements for someone else to act on his/ her behalf:
C. Examples - Efforts to Sell Real Property
1. FIRST CONTACT— REASONABLE EFFORTS EXIST
Mrs. Darwin, an SSI recipient, signed an SSA-8060-U3 on April 11, 1989, agreeing to sell recently inherited nonhome real property valued at $8,000. When contacted on May 16, 1989, she stated that the property had been listed with a realtor at $8,000 since April 24. Mrs. Darwin submits a copy of the listing for the file and the FO determines that she is making reasonable efforts to sell. Therefore, the conditional exclusion of the property remains in effect.
2. SECOND CONTACT— REASONABLE EFFORTS HAVE STOPPED
When the FO recontacts Mrs. Darwin on September 19, 1989, she states that she had just refused an offer of $6,000 as being too low. Mrs. Darwin says she has no proof that $6,000 was unreasonable; it was her opinion that it was too low. The FO determines that the offer was reasonable ($6,000 is more than two-thirds of $8,000) and that Mrs. Darwin is no longer making reasonable efforts to sell. As of October 1, conditional benefits are no longer payable and the FO issues a notice of planned action on the basis of excess resources.