SI DAL01801.040 Residents of Institutions for Food Stamp Purposes

A. Background

With few exceptions, residents of public institutions are ineligible for food stamps. However, P.L. 99-570 allows certain individuals in public institutions applying for SSI to also apply, if they so wish, for food stamps before they are released.

B. Procedure

Use the following procedure when an individual in a public institution:

  • applies for SSI,

  • wishes to file for food stamps, and

  • upon release, will not live in a cashout State (i.e., California), a commercial boarding house, or an institution where food stamp eligibility is precluded.

When obtaining an SSI application under prerelease procedure and the answer to question 38(b) of the SSA-8000-BK is "yes," complete a food stamp (FS) application. Write the word, "PRERELEASE," in red across the top of the first page of the food stamp application. Use the FS application provided by the State agency and send it per instructions in SI DAL01801.040B.4. The household composition of the expected residency has to be an all SSI household as defined in SI 01801.060.

NOTE: The individual does not have to meet the criteria of living in a pure SSI household at the time of filing.

The food stamp application should be signed by the SSI claimant even if the SSI application is signed by a representative payee.

1. Completion of the SSA Transmittal for Food Stamp Applications, SSA-4233

  1. Complete Sections I through V with information on the household members for the anticipated residence upon release of the SSI applicant. Provide as much information as is available.

  2. Annotate "Unknown" if information cannot be obtained from the SSI claimant or the institution. Retain a copy of the SSA-4233 in the SSI file for a subsequent contact with the FS agency discussed in SI DAL01801.040B.3.

2. Additional information to be added to the Transmittal Sheet, SSA-4233

The FS agency will require the address of the anticipated residence after release to be able to adjudicate the FS application under prerelease procedures. Add the address to form SSA-4233 in the Remarks section.

3. Informal notice to FS agency of decision

The FS agency will hold the FS application until it is notified by SSA of our decision.

  1. If the SSI claim will be denied for either non- disability or disability reasons, informally notify the FS agency at the same time the informal notice is provided to the institution. The informal notice may be by:

    • telephone or

    • with a copy of the SSA-4233

  2. If the SSI claim will be allowed (i.e., a disability established and non-disability requirements are met), use a copy of the SSA-4233 and provide the FS agency with the following information.

    • The expected release date as provided by the institution or the reason the applicant will not be released as previously expected.

    • The address of anticipated residency, if different from the original SSA-4233.

    • Any changes in income or resources, if different from the original SSA-4233

    • A finding of incapability either by the DDS or the FO.

Provide the name and address of the representative payee, if available.

4. Routing instructions for FS applications and SSA- 4233

  1. Mail, or fax (preferred) per local arrangement as appropriate, the FS application and the SSA-4233 (original and subsequent copy) to the FS office servicing the expected resident address of the applicant upon release. See SI DAL01801.010 for Texas resident procedures.

  2. If the institution is in one State and the expected residency is in a different State in the Dallas Region, follow the instructions in SI DAL01801.040B.4.a and SI DAL01801.040B.4.d for the expected residency.

  3. If the expected residency is out of the Region, send the FS application to the SSA FO servicing the expected residency, and request that they forward the FS application to the proper FS office based on established procedures for their region.

  4. If the expected residency is anywhere in Texas, FAX the FS application and SSA-4233(s) per SI DAL01801.010.

  5. If neither the SSI claimant nor the institution can provide an expected residency, hold the FS application until the earlier of the following events:</