TN 33 (11-07)

SI 02301.005 SSI Posteligibility - Recipient Reporting

Citations:

Sections 1614(f)(3) and 1631(e)(1) of the Social Security Act Social Security Act; 20 CFR 416.701-416.714

A. Introduction

Recipients or their representative payees must report changes on time that can affect SSI benefits. SSA employees explain these responsibilities to recipients and payees during each interview. SSA also provides written explanations of reporting responsibilities.

B. Policy - Reporting Responsibilities

1. Who Must Report

SSI recipients or their representative payees must report changes.

EXCEPTION: Recipients who are legally incompetent are not responsible for reporting, but their payees are.

2. List of What to Report

This is a list of the kinds of changes recipients/payees must report:

  • Moves or changes of address (COA)

  • Persons moving in or out of the household

  • Death of a household member

  • Changes in income and resources for recipients and individuals involved in deeming cases. These individuals are:

    • ineligible spouses and ineligible children living with recipients,

    • parents living with eligible children,

    • essential persons,

    • sponsors of aliens and living-with spouses of sponsors, and

    • eligible aliens with the same sponsor.

  • Changes in help with living expenses

  • Entering or leaving an institution as defined in SI 00520.001

  • Marriage, separation, or divorce (Including any same-sex relationships)

  • Leaving the United States for more than 30 days in a row

  • Changes in school attendance (if under age 22)

  • Death of the recipient or individuals involved in deeming cases

  • Fugitive felons status (fleeing prosecution, unsatisfied warrants, probation and parole violation)

3. When to Report

A report is due within 10 calendar days after the month in which the change occurred. A report by mail is timely when the postmark date is within the same 10-day period.

4. How to Report

Recipients and payees may report in writing, by telephone, or in person.

5. Content of Report

Reports should include:

  • The reporter's name

  • The name and social security number (SSN) of the person the report is about

  • Facts about the change

  • When the change happened

C. Policy - Written Explanations

SSA gives written explanations of reporting responsibilities:

  • with application and redetermination forms,

  • in some award and posteligibility notices,

  • in check stuffers, and

  • in a booklet which accompanies award notices.

D. Procedure - Verbal Explanations

Explain reporting responsibilities during each interview (face-to-face and telephone) with legally competent recipients and payees.

NOTE: Code D, E or F appears in the Competency/Guardian (COMP) segment in the Representative Payee (RP) field on the SSR for legally incompetent recipients. See SM 01301.625 for a description of the RP field. See GN 00502.010 about legal incompetency.

1. What to Report

Explain the kinds of changes to report and how changes can affect SSI. Emphasize those changes that relate to the recipient's own circumstances.

EXAMPLE: Benjamin Morris is payee for his sister Gwen Brown. Ms. Brown receives SSI and a pension. During a redetermination interview with Mr. Morris, the FO discusses the changes that he or his sister must report. The FO also stresses reporting right away any increase or decrease in the amount of Gwen Brown’s pension.

2. When to Report

Advise individuals that they should report a change as soon as it happens. Explain when reports are due and that individuals must report a change that affects SSI even if the report is late.

Explain that if they do not report on time, they may:

  • not receive correct benefits when due,

  • have to pay back an overpayment (applies to recipients and payees, see SI 02201.020 about overpayment liability),

  • have a penalty deducted from their SSI (applies only to capable recipients, see