SI 01320.984 Other Eligibility and Posteligibility Issues in Special Deeming Cases — Operating Procedures (for Cases Approved or Pending Before January 1, 1985)

A. General

Because an Intradepartmental Board waiver is applicable only as long as the circumstances described in the State's application for the waiver or subsequent submissions remain the same, be alert to changes which could alter Board decisions.

Changes may be reported by the recipient or a third party or be discovered during a scheduled redetermination. Report any changes which could alter a Board decision to the Regional Office's Assistance Programs Staff (RO, APS). Examples of such changes are: the discovery of a previously unknown or newly acquired resource by the deemor(s) or the individual; an increase in the actual amount of deemed income; the loss of eligibility by the individual for reasons other than deemed income or deemed resources; the individual becomes a resident of another State; the individual starts to receive income of his own; the individual regains eligibility under the usual rules. These examples are not all-inclusive. If there is a question about the impact of a change, call the RO, APS. If necessary, the RO will obtain additional information from OSSI, Income and Deeming Branch (IDB) and will relay it to the FO.

When a change other than in deemed income or deemed resources causes SSI ineligibility, notify the RO, APS, and process the change according to standard operating procedures. For all other changes, the RO, APS will furnish instructions as to how to proceed after discussion with OSSI, IDB.

B. Individual Regains Eligibility Under the Usual Deeming Rules

If an individual regains SSI eligibility using the usual deeming rules, pay SSI in accordance with the usual procedures. If the individual again becomes ineligible under the usual rules, call the APS. Do not reapply the special deeming rules unless the Board's approval of the waiver specifically addresses the new period of ineligibility. After discussion with OSSI, IDB, the RO, APS will explain how to proceed.

C. Redeterminations

Special deeming cases will be scheduled for redetermination in accordance with the usual procedures. Conduct an unscheduled redetermination if any of the reasons listed in SI 02305.022 exist.

D. Folder Retention

Field offices will retain special deeming claims folders indefinitely.


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SI 01320.984 - Other Eligibility and Posteligibility Issues in Special Deeming Cases -- Operating Procedures (for Cases A