Identification Number:
EM-16024
Intended Audience:All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/
OCO-CSTs/DDSs
Originating Office:ORDP OISP
Title:Supplemental Security Income (SSI) Applications for Disabled Youth Transitioning out of Foster Care-Instructions Will Follow Shortly
Type:EM - Emergency Messages
Program:Title XVI (SSI)
Link To Reference:See References at the end of this EM
 
Retention Date: August 01, 2017

Retention Date: February 1, 2017

A. Purpose
    This EM provides information about a one-year nationwide pilot of a policy change to allow disabled youth in foster care to apply for SSI up to 180 days before they transition out of foster care.

    B. Background

    In 2010, we began accepting SSI applications from disabled youth up to 90 days before they transitioned out of foster care. The one-year pilot extends the time a disabled youth can apply for SSI before transitioning out of foster care.

    C. New policy to accept SSI applications from disabled youth up to 180 days before transitioning out of foster care

    Effective August 1, 2016, accept SSI applications from disabled youth, without regard to age, up to 180 days before foster care eligibility ends. This will increase the likelihood that youth who are eligible for SSI have income and health services when foster care ends.

    NOTE: This is an exception to the general rule of accepting an SSI application in the month before the month of eligibility.

    We are piloting this policy change nationwide for one year, from August 1, 2016 through July 31, 2017 to determine whether the change achieves the intended outcomes. This pilot applies to applications received during this one-year period for youth who will transition out of foster care within 180 days of the date we receive the application.
    NOTE: The 180-day period may extend beyond July 31, 2017. For example, this policy change would apply to an SSI application filed July 31, 2017 for a youth who will leave foster care on January 5, 2018.


    D. Field office (FO) processing reminders for SSI applications for disabled youth under age 18 transitioning out of foster care
      1. Establish the application in the Modernized Supplemental Security Income Claims System (MSSICS). To generate the SSA-3368 (Disability Report – Adult) in the Electronic Disability Collect System (EDCS). Code the claimant as Head of Household (HH) in MSSICS. Complete a full application to place a claimant in the HH living arrangement.
          · Code the Residence Address (LRES) screen:
            RESIDENCE TYPE: “1” for house, apartment, mobile home, or houseboat.
          · Code the Owned/Rental Data (LORD) screen:
            CLAIMANT IS HEAD OF HOUSEHOLD: Y
            SELECT: “3” for no one in household owns or rents.
      2. Build the Supplemental Security Record (SSR) as a disabled individual (DI) or a blind individual (BI) with payment status (PSY) code H80. Add the remark, “YOUTH TRANSITIONING OUT OF FOSTER CARE” to the SSR using the SSR Remarks (CRMK) screen.
        3. Enter the case into EDCS and:
            · Complete the SSA-3368 (Disability Report – Adult).
            · Complete the SSA-3367 (Disability Report – Field Office) portion of EDCS with a potential onset date as the date the claimant attains age 18 and add the remark, “Youth transitioning out of foster care. Hold determination input until age 18 attainment. No payment due before age 18 attainment.”
            · Add a “Special Handling” flag and annotate, “Youth in foster care – no payment before age 18.”
            · Add a message, “Youth in foster care – no payment before age 18,” to the electronic folder.
            · Select the “Edit Claims” button on the Title II/Title XVI Summary page. Once the Title II/Title XVI information page is displayed, add “FOS” to the Litigation Code field and add “Youth transitioning out of foster care” in the Transfer Remarks field.
          NOTE: For non-MSSICS cases, follow instructions in SI 00601.011D.4.
        4. Send the case to the Disability Determination Services (DDS) as a DI or BI. The MSSICS event remains open and the SSR remains in PSY H80 while the DDS develops the medical evidence for a disability determination. The DDS will input the disability determination when the claimant attains age 18.
          NOTE: If the claimant meets the non-medical SSI eligibility factors in the month he or she attains age 18 or in an earlier month, inform the DDS that we need both a child and an adult disability determination. If the DDS makes an allowance determination, contact the claimant to conduct the pre-effectuation review contact (PERC) to adjudicate the claim and to effectuate payment. If the DDS makes a denial determination, input by the DDS will close the pending MSSICS event and post the medical denial code to the SSR usually without additional FO action.
      E. Field office (FO) processing reminders for SSI applications for disabled youth age 18 and older transitioning out of foster care
        1. Establish the application in the MSSICS.
        2. Build the SSR as a DI or BI with PSY code H80. Add the remark, “YOUTH TRANSITIONING OUT OF FOSTER CARE” to the SSR using the CRMK screen.
          3. Enter the case into the EDCS and complete the:
              · SSA-3368 (Disability Report – Adult); and
              · SSA-3367 (Disability Report – Field Office).
          4. Send the case to the DDS as a DI or BI. The MSSICS event remains open and the SSR remains in PSY H80 while the DDS develops the medical evidence for a disability determination. The DDS makes an adult disability determination and inputs the determination. If the DDS makes an allowance determination, contact the claimant to conduct the PERC to adjudicate the claim and to effectuate payment. If the DDS makes a denial determination, input by the DDS will close the pending MSSICS event and post the medical denial code to the SSR usually without additional FO action.
        F. DDS Processing Reminders
          · Follow normal development and evaluation procedures to make the disability determination. Determine whether the evidence will be sufficient and current at age 18 based on the evidence in the case.
          · Obtain updated evidence closer to age 18, if needed,.
          · Use Medical Deferment to hold the case until the claimant attains age 18.
          · If making a favorable determination, set the medical onset at the attainment of age 18 (item 15 of the Disability Determination and Transmittal, Form SSA-831-U3). If you establish an onset prior to the attainment of age 18, the file must include a medical assessment under the childhood disability rules.
          Direct all program-related and technical questions to your RO or PSC OA staff, who may refer questions or concerns to their Central Office contacts.

          References:
          DI 11005.045 Completing the SSA-3367 (Disability Report – Field Office)
          DI 22505.010 Development Issues – Longitudinal Medical Evidence
          DI 25201.011 Making a Determination for Youth in Foster Care When the Application Effective Date Is On or After the Attainment of Age 18
          DI 81010.025 Completing Electronic Disability Collect System (EDCS) Forms for Initial Claims
          SI 00601.011 Filing Supplemental Security Income (SSI) Applications for Disabled Youth Transitioning out of Foster Care
          EM-16024 - Supplemental Security Income (SSI) Applications for Disabled Youth Transitioning out of Foster Care-Instructions Will Follow Shortly - 07/18/2016