TN 2 (09-00)
SI 02309.005 Attainment of Age 65 by Ineligible Spouse, Parent, or Essential Person - K8 /K9 Diary - Supplemental Security Income (SSI)
A. Procedure - interview
Do the following when conducting an interview:
1. SSI and Other Benefits
Inform the ineligible individual that he/she may be eligible for SSI or title II benefits, or health insurance under title XVIII of the Social Security Act.
NOTE: The ineligible individual is not required to file for SSI or other benefits.
Consider whether the eligible individual will also be able to file for title II benefits on the account number of the ineligible individual (e.g., aged wife's/ husband's benefits, young wife's/husband's benefits, RS 00202.001 ff.) An aged individual may also file for Part A Hospital Insurance on the account of an insured spouse who has attained age 62 whether or not the spouse files for title II, (HI 00801.008).
Advise the ineligible individual of any other considerations such as:
Medicaid eligibility; and
Other programs that would be applicable; e.g., food stamps, energy assistance.
Explain the effect that the ineligible individual's application for SSI and/or title II will have on the eligible individual's SSI payments or eligibility. Remember to consider windfall offset and its effect. Include an estimate of all payments in this explanation. You may use either the retrospective monthly accounting (RMA) or benefit estimate personal computer programs to compute the estimate.
3. Decision of Ineligible Individual
Ask the ineligible individual if he/she wants to file for SSI or title II benefits.
B. Procedure - ineligible individual files for SSI
Do the following when an ineligible individual files for SSI:
Complete an application through MSSICS or on a SSA-8000-BK for the ineligible individual (SI 00604.001 ff.).
NOTE: Simultaneously develop the nondisability portion of the claim if an aged individual is also filing on the basis of blindness or disability in a multicategory State (SI 00501.300 ff.). Develop potential 1619(b) status if an aged individual can be paid for at least one month and has earnings that make him/her ineligible for one or more months (SI 02302.030C.2.-SI 02302.030C.5.).
Complete an unscheduled RZ for the SSI recipient, if an ineligible spouse becomes eligible, unless a scheduled RZ is pending.
C. Procedure - determine payment method
Follow procedures in SM 01801.001 ff. to determine whether to use the T30 or the T33 process, how to establish a record, and how to make payments when an ineligible individual becomes eligible.
D. Procedure - complete processing
Follow the procedures below to complete processing:
Issue appropriate manual notices:
SSA-L8155-U2, Notice of Planned Action (NL 00803.015) or SSA-L8151-U2, Notice of Change in Payment (NL 00803.010 ff.) for the eligible individual; and
SSA-L8025-U2, SSI Notice of Award (NL 00802.010 ff.) or SSA-L8030-U2, Notice of Disapproved Claim (NL 00802.020 ff.) for the spouse or essential person.
NOTE: These notices are available on the Field Office Notices Software (FONS). The system will issue appropriate notices on the record established for a parent.
2. Deeming Computation
Follow instructions in SI 01320.630, Deeming to Eligible Child(ren) from Parent(s) Who are Ineligible Because of Excess Income - Operating Policy, when a parent's application for SSI is denied due to excess income.
3. Diary Deletion
Delete the K8/K9 diary (SM 01501.250B.).
E. Procedure - ineligible files for title II
Follow these procedures when an ineligible files for title II.
F. Procedure - ineligible individual does not file for SSI or title II
If an ineligible individual does not file for SSI or title II:
NOTE: You can use the Case Characteristics (CG) or SSI Remarks (R1-R5) fields to annotate the reason the ineligible individual did not file.