Section 1631(a)(8) of the Social Security Act (the Act) requires the Social Security Administration (SSA) to pay prospective monthly Federal benefits to the claimant if the Commissioner of SSA (Commissioner) has not made a final decision within 110 calendar days after the date of the ALJ decision. These “interim
benefits” start with the month in which the 110th day falls, and
end with the month in which the final decision is made.
The law also provides that any interim benefits paid will not be considered overpayments, unless fraudulently obtained.
These requirements apply to both Title II and Supplemental Security Income (SSI). Both Title II and SSI can be paid as interim benefits. For SSI, only Federal SSI money is paid as interim benefits. Federally administered state supplementary payments are not paid as interim benefits.