TN 76 (08-24)

SI 02301.313 Appeal and the Protected Payment Level when a Reconsideration Request is filed 11- 60 Days After Receipt of a Notice of Planned Action

A. Introduction

As of October 29, 2021, recipients who file a request for reconsideration request 11 - 60 days after receipt of an SSI Notice of Planned Action (NOPA) (SSA-L8155) may receive continued or reinstated payments at the protected payment level (Goldberg Kelly (GK) payment continuation) until we make a reconsideration determination for their reconsideration request.

B. Policy

Recipients who meet the following criteria receive, unless they waive in writing, GK payment continuation until we make a reconsideration determination for their reconsideration request.

  1. 1. 

    File a reconsideration request on or after October 29, 2021.

  2. 2. 

    File a reconsideration request 11 days or more after receipt, but within 60 days of receipt of a NOPA. We presume that a recipient receives a NOPA five days after the date on it. See SI 02301.310C.

    EXAMPLE: We mail a NOPA dated June 12, 2023, to a recipient and presume that the recipient receives the NOPA on June 17,2023. The 60-day count starts June 18, 2023 and ends on August 16, 2023. The recipient has until August 16, 2023, to file a request for reconsideration and receive GK payment continuation until a reconsideration determination is made on their reconsideration request.

C. Reconsideration request filed 11 - 60 days after receipt of a NOPA - Procedure

When a recipient files a request for reconsideration 11 or more days after, but within 60 days of receipt of a NOPA, take the following actions to pay the recipient GK payment continuation until we make a reconsideration determination unless the recipient waives GK payment continuation. Recipients who want to waive receipt of GK payment continuation may do so by completing and submitting to us the form SSA-263 Waiver of Supplemental Security Income Payment Continuation. See SI 02301.310C.6. and SI 02301.415 SSA-263-U2, Waiver of Supplemental Security Income Payment Continuation

  1. 1. 

    Record the reconsideration request per SI 02301.310C.8.; and

  2. 2. 

    On the appropriate MSSICS appeal screen, enter yes (Y) for the recipient's statement explaining late filing and evaluation of the late filing request and enter 1 for established disposition of good cause for late filing continuation request. See MS 04420.015.

  3. 3. 

    Make the following system entries to document the good cause statement and evaluation of the good cause finding.

    • Use the following statement to record the recipient’s good cause statement for GK payment continuation. “The reconsideration request was filed timely for receipt of GK payment continuation.”

    • Use the following statement to document the evaluation of the good cause finding. “Recipient’s Name filed the reconsideration request within 60 days of receipt of the NOPA.

4. Pay the PPL per SI 02301.320.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502301313
SI 02301.313 - Appeal and the Protected Payment Level when a Reconsideration Request is filed 11- 60 Days After Receipt of a Notice of Planned Action - 08/26/2024
Batch run: 08/27/2024
Rev:08/26/2024