Social Security

Summary of Changes:

This EM replaces a prior version issued 6/3/2022. We made the following substantive changes:

Throughout: Replaced all outdated references to the Report of Contact screen (DROC) in SSI Claims System with current references to the Report of Contact page in Consolidated Claims Experience (CCE).

Section A: Added a note explaining that this EM will be revised around the time the Presidentially declared disaster period ends.

Section B.2 NOTE 1: Added a sentence directing technician to section B.4. for Unemployment Insurance Benefits (UIB) policy as the note does not pertain to UIB.

Section B.2 and C.1: Added a NOTE cross-referring to two other EMs containing instructions about reopening and correcting prior cases that may have been terminated or denied due to pandemic-related disaster assistance.

Section B.2 (Step 1 of the step-action table) and Section C.1: Clarified which claim events require us to ask about receipt and/or retention of pandemic-related disaster assistance.

Section B.2 (Step 3 of the step-action table): Added a note (labeled IMPORTANT) about not posting pandemic-related income on the Disaster Assistance page in CCE.

Section B.2 (Step 3 of the step-action table) and Section C.1:

· Added an instruction to document how long the disaster assistance was retained and where it was retained (if applicable).

· Removed a note about the Remarks Tool macro on disaster assistance because it is no longer available in the enhanced CCE.

Section B.2 (New Step 6 of the step-action table) and Section C.1 (New Step 3 of the step-action chat): Added an instruction that for subsequent reviews in which the period of review contains months within the pandemic period, we must continue asking about receipt and retention of new disaster assistance payments during the review period.

Section C, first paragraph: Added, due to the possible long-term implications of commingled disaster assistance, the importance of documenting the allegation of an individual’s retention of pandemic-related disaster assistance.

Section C.1 (Step 1 of the step-action table), first paragraph: Added to also capture, for all months during the period of review, an individual’s allegation of commingling of funds when pandemic disaster assistance is retained.

A. Purpose and Background

The COVID-19 pandemic resulted in Federal, State and Tribal governments issuing a wide variety of assistance payments or other relief to affected individuals. Most SSI claimants and their families received some form of assistance, and we have determined that many forms of assistance qualify as disaster assistance. Special development and documentation procedures apply to disaster assistance paid to SSI claimants, deemors, and ineligible children on account of the pandemic.

Due to the number of pandemic-related assistance programs and the varying end dates for the assistance types, more instructions will be forthcoming.

Note: The Presidentially declared disaster period is slated to end effective May 11, 2023. A revision of this EM with new guidance will be issued at that time.

B. Income Policy for Pandemic-related Disaster Assistance

Many types of assistance received during the pandemic are excluded from income in accordance with disaster assistance procedures.

1. Procedure for identifying disaster assistance

See EM-20014 REV 8 for updated information on sources of pandemic-related assistance and the policy treatment for identified assistance types. For any assistance classified as disaster assistance in the chart in section C.1 of EM-20014 REV 8, follow the special processing instructions in this EM.

NOTE: Contact your Regional Office for help with alleged disaster assistance not listed in the chart in EM-20014 REV 8.

2. Procedure for documenting income exclusions from pandemic-related disaster assistance from March 2020 until the end of the disaster period in each State, Territory, and Tribal area

Follow these steps when documenting receipt of pandemic-related disaster assistance received by SSI claimants, deemors, and ineligible children from March 2020 through the end of the pandemic period. Refer to the chart in section B.4 of this EM for the COVID-19 pandemic period by State, Territory, or Tribal area. As of the publication date of this EM, the disaster declaration remains in effect in all States, five territories, and 32 Tribal areas.

NOTE 1: Any pandemic assistance received after the end of the applicable period is not subject to special processing instructions. Such assistance may still be considered disaster assistance but would be subject to normal income and resource procedures. More information will be forthcoming at the end of the disaster period. See section B.4., for specific policy concerning pandemic Unemployment Insurance Benefits (UIB) assistance.

NOTE 2: See EM-22006 SEN and EM-21068, respectively, for instructions on processing cases that may have been terminated or denied due to pandemic-related disaster assistance; reopening and correcting the prior record may be required.

If the SSI individual answered yes to receiving UIB at any point from March 2020 through the pandemic UIB end month provided in the chart in B.4 below, and the record is active:

· Enter the allegation regarding unemployment payments on the Unemployment Compensation Page in CCE.

· Ask the SSI individual if any of the UIB received during the pandemic was retained. Document the yes or no response on a Report of Contact page in CCE following Step 3 in the chart in B.2 above. If the person answered yes, continue to instructions in section C of this EM for the resource exclusion procedures.

If the SSI individual, including deemors and ineligible children, answered yes to receiving UIB from March 2020 through the pandemic UIB end month provided in the chart in B.4 below, and the record is a Non-MSSICS Claim:

· Record the allegation regarding receipt of unemployment on an SSA-5002 Report of Contact and include all of the information in Step 3 of the chart above in section B.2.

· Upload the SSA-5002 into EDCS or Evidence Portal.

NOTE: The changes in August 2021 to the SSI Computations software (MSSICS and SSI Computations) eliminate the need for corrective actions on cases in which we posted unemployment according to the procedures in EM-20014 REV, published 7/10/2020. More instructions will follow.

4. Disaster Assistance Income Exclusion Periods by State or Territory

The following chart lists the period in which pandemic-related disaster assistance income exclusions apply by State or Territory. Assistance received after these dates is not pandemic disaster assistance subject to the special processing instructions in this EM. Instead, follow normal processing instructions for income received after the disaster end date in the chart. For unemployment income, the end date is determined differently. Unemployment received after the “Pandemic UIB End” date in the chart is subject to normal income counting rules.

NOTE 1: Document, post, and exclude UIB from March 2020 through the pandemic UIB end month provided in the chart in B.4 below, for months that fall within the pandemic UIB period, but are issued after the end of the pandemic UIB end month.

NOTE 2: The disaster end date in the chart below refers to the end of the Federal Emergency Management Agency (FEMA)-specified “incident period.”

At this time, FEMA has not announced the incident period end date for the COVID-19 emergency. We continually check the FEMA website and monitor the news for any information on the incident period end date. We will update this chart as situations change.

For Tribes, SSA will consider March 2020 as the starting month for the pandemic disaster period. To determine period end dates for Tribes, consult FEMAs disaster assistance declaration page at https://www.fema.gov/disaster/declarations.

C. Resource Policy for Pandemic-related Disaster Assistance

Many types of assistance received during the pandemic and retained into (the) month(s) following receipt are excluded from resources. With pandemic-related disaster assistance, the possibility of long-term resource implications of commingled disaster assistance makes documentation of the person's allegations especially important.

Resources exclusions for pandemic-related disaster assistance are not time-limited exclusions. Retained disaster assistance is excluded from resources indefinitely. See the chart section C.1 of EM-20014 REV 8 for types of pandemic related disaster assistance.

Given the administrative complexities involved in processing pandemic-related resource exclusions at such a large scale, special processing applies to resource determinations involving pandemic-related disaster assistance.

1. Procedures for developing resource exclusions for retained pandemic-related disaster assistance

Ask about and consider any pandemic-related disaster assistance exclusions during all initial claims and RZs, all resource-related limited issues in which an AFI request is required, and PE events involving disaster assistance. Access to Financial Institutions (AFI) verifications REQUIRE additional scrutiny in months when excess resources (N04) are involved. Manual actions will likely be required to apply pandemic-related resource exclusions.

Accept the individual’s reasonable allegation regarding how much assistance was retained, for how long, and how the funds were held following the steps below.

AFI responses may include retained EIPs, unemployment benefit amounts, and other disaster assistance in the first of the month balances. When an individual alleges retaining any excludable funds, check ALL financial account balances in any month the individual has excess resources (N04). When account balances contribute to an excess resource determination, do the following for each month:

2. Example of applying pandemic-related resource exclusions.

At the 8/2021 redetermination, the technician documents the following on aa Report of Contact page in CCE:

“Recipient and spouse received all three EIPs, each in a single deposit to their checking account ($2,400 in May 2020, $1,200 in January 2021, and $2,800 in April 2021). Recipient alleges saving some of the money in their joint checking account in the months after they received the EIPs but eventually spending all the EIP money. The retained EIP payments were completely spent down by July 2020, April 2021, and July 2021, respectively.”

Since the person alleged having more than $400 in liquid assets during the period of review, the technician requests an AFI verification. When the response is received, the technician notes a pattern of lower balances, usually between $900 and $1,300, then spikes in resource values that result in N04 ineligibility in the months of June 2020, February 2021, May 2021, and June 2021. The technician also notes a higher than normal balance in March 2021, but it was not high enough to cause an N04 ineligibility month.

Since the bank balance patterns and allegation from the Report of Contact page align, the technician applies the pandemic assistance exclusion on the Financial Account page to the months that would otherwise calculate to N04 ineligibility (June 2020, February 2021, May 2021, and June 2021). Because the recipient alleged and the technician documented a complete spend down of excluded funds, the technician would not have to continue monitoring the resource exclusion for the EIPs during future reviews.

Direct all program-related and technical questions to your Regional Office (RO) support staff using vHelp or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns, or problems to their Central Office contacts.

D. References

EM-20014 REV 8 Effect of COVID-19-Related Financial Assistance on SSI Income and Resources

MSS21-108 SSI REV Supplemental Security Income (SSI) – Maintenance Release

MS 08114.042 Unemployment Compensation

MS 09700.000 Evidence Portal (EP) Table of Contents

2/24/2021 White House Announcement: Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic

SI 00830.230 Unemployment Insurance Benefits

SI 00830.620 Disaster Assistance – Presidentially-Declared Disaster

SI 01130.620 Disaster Assistance

SI 01150.007 Transfer of Resources by Spend-Down

SI 01140.200 Checking and Savings Accounts

SI 01140.206 Electronic Financial Institution Verification

SI 01130.700 Identifying Excluded Funds That Have Been Commingled With Nonexcluded Funds