Effective Dates: 3/31/2025 - Present

Identification Number:
NL 00703 TN 118
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:Exhibit and Dictated Letters
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part NL – Notices, Letters and Paragraphs

Chapter 007 – Letters and Paragraphs for Title II, Title XVI, and Title XVIII

Subchapter 03 – Exhibit and Dictated Letters

Transmittal No. 118, 03/31/2025

Audience

PSC: BA, CA, CCRE, CS, DS, ICDS, IES, ILPDS, IPDS, ISRA, NPR, PETE, RECONR, SCPS, TSA, TST;
OCO-OEIO: BET, BIES, BTE, CC, CDT, CR, CTE, EIE, ERE, FDE, PETL, RECONR, RECOVR;
OCO-ODO: BET, BTE, CCE, CR, CST, CT, CTE, CTE TE, DE, DEC, DS, DSE, PAS, PETE, PETL, RCOVTA, RECONE, RECOVR;
FO/TSC: CS, CS TII, CS TXVI, CSR, DRT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

This transmittal creates a new POMS section about the reconsideration affirmation notice E4069. Notice E4069 ensures consistent and accurate messaging when the agency is affirming that our initial decision to suspend benefits under the Alien Nonpayment Provision (ANP) (section 202(t) of the Social Security Act) was correct. Publishing this transmittal will allow us to archive EM-23072 New Reconsideration Affirmation Notice for Suspensions Under the Alien Nonpayment Provision.

Summary of Changes

NL 00703.476 Reconsideration Affirmation Notices for Alien Nonpayment Suspensions

  • •

    Subsection A - This subsection provides background on the ANP and Notice E4069, including when to use it.

  • •

    Subsection B - This subsection provides an outline of the universal text identifiers that make up Notice E4069.

  • •

    Subsection C - This subsection provides exhibit language for UTI ANP004 because that UTI is only used in Notice E4069.

NL 00703.476 Reconsideration Affirmation of Prior Decision (Alien Nonpayment Provision Involved)

Document Identifier For Word Processor: E4069

A. Background on the Alien Nonpayment Provision and Notice E4069

The Alien Nonpayment Provision (ANP) is section 202(t) of the Social Security Act. Under the ANP, we suspend Title II benefits of non-U.S. citizens or nationals after six consecutive calendar months outside the United States, unless they meet one of the law’s exceptions, as outlined in RS 02610.010. 

In situations where a beneficiary has filed a reconsideration request of our decision to suspend benefits under the ANP, and we are affirming that our initial decision to suspend benefits was correct, we use Notice E4069 instead of Notice E3474. Notice E4069 is similar to Notice E3474 (described in NL 00703.474), but Notice E4069 contains language specific to the ANP.

Notice E4069 conveys that the circumstances described in the person’s request for reconsideration do not meet an exception in the law. Therefore, we cannot pay benefits for the months requested. The notice is located in the Aurora system.

B. Outline of Universal Text Identifiers (UTI) in Notice E4069

REQUIRED:

  • •

    E3474.1

  • •

    ANP004 (for exhibit language and fill-ins for this UTI, see NL 00703.476C in this section)

REQUIRED (Must select only 1 of the following):

  • •

    3474B

  • •

    3474BF

  • •

    3474C

  • •

    3474CF

  • •

    3474D

  • •

    3474E

OPTIONAL:

  • •

    REPC01

  • •

    REP002

REQUIRED (Must select only 1 of the following):

  • •

    CTDO

  • •

    REF197

NOTE: Notice E4069 has the same appeal rights language as Notice E3474. For additional information about those appeal rights Universal Text Identifiers (UTIs), including which to use in this notice, see NL 00703.474. 

C. Exhibit Language for UTI ANP004

We sent you a notice dated *F1. The notice informed you that we approved your application for *F2 benefits starting *F3. We also informed you that we could not pay your benefits beginning *F4 because you:

  • •

    were not a U.S. citizen or national;

  • •

    were outside the United States for more than 6 months in a row; and

  • •

    did not meet one of the exceptions in the law that would allow us to pay you.

*F5

Section 202(t) of the Social Security Act requires that we stop benefit payments to people who are not U.S. citizens or nationals starting the month after they have been outside the United States for six months in a row. This rule does not apply if they meet an exception provided in Section 202(t).  

The circumstances you described in your request for reconsideration dated *F6 do not meet an exception in the law. Therefore, we cannot pay you benefits for the months you requested.  

For more information, please read the enclosed pamphlet SSA Pub 05-10137, “Your Payments While You Are Outside the United States.”

Fill-ins:

*F1. Date of award notice (Month DD, YYYY)

*F2. Type of benefit (e.g. retirement, spouse)

*F3. Date of entitlement (Month YYYY)

*F4. Date benefits were suspended (Month YYYY)

*F5 Optional language to include if benefits have resumed: We paid you benefits beginning (Month YYYY) because you were in the United States every day of that calendar month.

*F6. Date of reconsideration request (MM/DD/YYYY)


NL 00703 TN 118 - Exhibit and Dictated Letters - 3/31/2025