Identification Number:
SI 00501 TN 82
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:Ineligibility Due to Absence from the United States/Developing Presence
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part SI – Supplemental Security Income

Chapter 005 – Eligibility

Subchapter 01 – Eligibility Under the Supplemental Security Income (SSI) Provisions

Transmittal No. 82, 08/08/2025

Audience

FO/TSC: CS, CS TXVI, CSR, CTE, DRT, FR, OA, OS, RR, TA, TSC-CSR;
OCO-OEIO: CR, FCR, FDE, RECONE;

Originating Component

OISP

Effective Date

Upon Receipt

Background

Background: We revised SI 00501.410 to clarify instructions and added a chart to assist in the calculation of days absent from U.S. and updated the examples subsection to remove confusion. Further, we added a new subsection to reference the Foreign Travel Data (FTD) application as a source of third-party travel evidence.

Summary of Changes

SI 00501.410 Ineligibility Due to Absence from the United States/Developing Presence

Citations section: Added additional citations for 20 CFR.

Subsection A: Moved prior definition subsection (formerly subsection C) to the beginning of the instructions. Added text to clarify existing definitions and inserted the definition of calendar month.

Subsection B: Inserted text to add clarity to the instructions and clearly distinguish the calendar month and physical presence requirements.

Subsection C: Inserted text to add clarity to the instructions and clearly explain when an U.S. absence ends, first-time arrivals, and reinstatement of payments. Changed the heading of subsection C.3 and described “first-time arrivals” more plainly. Changed the heading of subsection C.4 to add clarity.

Subsection D: Inserted text to provide clarity on the continuous presence concept. Revised sentences to read more plainly.

Subsection E: Updated the introductory paragraph to explain that the subsequent proof examples may be used to prove a period of absence. Created a bulleted list in subsection E.1 to display clearly the signed statement requirements. Revised the note at the end of subsection E.2. Created subsection E.3 to introduce the FTD application as an example of proof of presence in the U.S.

Subsection F: Inserted a simple table at the beginning of the subsection to illustrate how to compute periods of absence and when to resume payments and updated examples to improve clarity.

Subsection G: Removed “See” before some references and explanations after some references to maintain consistency in style/ layout. Inserted new references in item 6 and 7.

SI 00501.410 Ineligibility Due to Absence from the United States/Developing Presence

CITATIONS:

Social Security Act, Sec. 1611(f);

A. Definitions

1. Day

A day is a period of 24 hours that occurs within a single date.

2. Calendar month

A calendar month is a period that begins with the first day of a given month and ends with the last day of that same month. For example, July 1 through July 31 is a calendar month.

3. United States (U.S.)

For Supplemental Security Income (SSI) purposes, the U.S. includes only the 50 states, District of Columbia, and Northern Mariana Islands.

B. Policy — General

1. Calendar month eligibility requirement

An individual is not eligible for SSI benefits for any calendar month where he or she is outside the U.S. for the entire calendar month.

2. 30-Day presence requirement

An individual outside the U.S. for 30 consecutive days is not eligible for SSI payments until he or she returns to the U.S. and remains present in the U.S. for 30 consecutive days.

NOTE: Exceptions to the above requirements exist for certain blind or disabled children of military parents stationed overseas see SI 00501.415C, and students who are temporarily abroad for study purposes, see SI 00501.411C.

C. Policy — Periods of absence

1. When absence begins

A period of absence begins on the day after the individual's departure from the U.S.

2. When absence ends

The length of time that an individual has been outside of the U.S. determines when a period of absence ends. If the time outside of the U.S. is:

  • Fewer than 30 consecutive days, then the period of absence ends on the day before the individual's return to the U.S.; or

  • 30 or more consecutive days, then the period of absence ends on the 30th consecutive day after the individual returns to, and is continuously present in, the U.S.

3. First-time arrivals in the U.S.

If an individual has never been in the U.S., then he or she is a first-time arrival. An individual who is considered a first-time arrival is initially eligible for SSI benefits only after residing in the U.S. for 30 consecutive days.

4. Reinstatement of payments after a period of absence

If absence from the U.S. caused the suspension of SSI payments for an otherwise eligible individual, then reinstatement will occur effective on the:

  • day of return to the U.S., if the time outside the U.S. was less than the 30 consecutive days (calendar month of February only); or

  • 31st day of continuous presence after returning to the U.S. if the time outside the U.S. was 30 consecutive days or more.

D. Procedure — When to develop presence in the U.S.

Develop continuous presence in the U.S. if there is reason to believe the individual has been outside the U.S. for either 30 consecutive days or an entire calendar month. The indicators below are examples that could prompt an investigation regarding continuous presence in the U.S. This list is not all-inclusive and other similar indicators may exist for developing continuous presence:

  • The SSI record shows direct deposit in a foreign bank and the individual has a U.S. address;

  • An individual reports an absence, either their own or that of an SSI recipient;

  • The individual fails to respond to requests for information during a medical continuing disability review (CDR);

  • Prior periods of ineligibility on the SSI record due to absences from the U.S. coupled with some other indicator of absence; or

  • Relatives or other third parties respond to requests for information and ask to reschedule appointments.

NOTE: Repeated absences from the U.S. may also indicate doubtful U.S. residency. See GN 00303.740 for instructions on making a U.S. residency determination.

E. Procedure — Proof of presence in the U.S.

To prove the duration of an absence or continuous presence in the U.S., an individual must provide a written statement and supporting evidence. Additionally, in redeterminations only, technicians can use the Foreign Travel Data (FTD) application to obtain third-party travel evidence, which requires verification with the SSI recipient. For more information on the FTD application see subsection SI 00501.410G.3 below.

1. Individual's statement

A written statement is acceptable proof of continuous presence in the U.S. if the individual signs a statement that includes the:

  • The date that he or she entered the U.S.;

  • The place he or she resided during the period in question; and

  • A statement that he or she never left the U.S. during the period in question (see SI 00501.409D.2).

2. Supporting evidence

Evidence that establishes the individual's date of entry into the U.S. is proof of continuous presence in the US since the date of entry. Acceptable evidence may be either a:

  1. a. 

    Copy of the return plane ticket, an original passport(s) showing the dates of entry and departure, or similar evidence establishing the date of entry; or

  2. b. 

    Signed statement from one or more U.S. residents with knowledge of the individual's presence in the U.S. to corroborate their presence during the 30 days in question. Persons executing corroborating statements MUST give their addresses and indicate the basis for their knowledge.

NOTE: In some cases a claimant may have a U.S. and a foreign passport. Technicians may need to review both passports to confirm U.S. dates of entry and departure.

3. FTD application

The FTD application is available for use in select workloads to obtain third-party travel information for individuals who may have been outside of the U.S. Beginning June 17, 2019, the FTD application is available for use in workloads involving SSI non-citizen recipients selected for redeterminations. For more information on the FTD application, see GN 00303.900 and SI 00501.409.

NOTE: We treat the travel results in the FTD application as a third-party report requiring verification. Only use the information obtained from the FTD application to establish a lead for further investigation. Do not use the information to deny or suspend benefits before verifying the information using policy and procedures in SI 02301.010.

F. Examples

Absence from U.S. computation examples chart

Scenario

U.S. Departure Date

U.S. Return Date

Last Day Considered as Remaining Outside U.S.

SSI Eligibility Resumption Date

Left U.S. for less than 30 consecutive days.

Mar 7

Apr 3

Apr 2

Apr 3 (no interruption in benefits due to absence from the U.S.)

Left U.S. for less than 30 consecutive days, but for a calendar month. (February only)

Jan 31

Mar 1

Feb 28

Mar 1

Left the U.S. for 30 consecutive days but not a calendar month.

Jul 18

Aug 18

Sep 16

Sep 17

Left the U.S. for a calendar month.

Aug 31

Oct 1

Oct 30

Oct 31

1. Example 1: Individual newly arrived in the United States

Sergeant Madison, who is a resident of California is in the military service stationed in Germany. She arrived in the U.S. with her one-year old disabled child on April 12. The child was born in Germany. On May 2, she filed an SSI application for the child. Because the child had never been in the U.S., he has been outside the country for 30 consecutive days. Thus, the child is considered to be outside the U.S. for eligibility purposes until he has been in the U.S. for 30 consecutive days. The 30-day period begins on April 12, the date of the actual entry into the U.S. and ends on May 11. The child is not considered to be in the U.S. for eligibility purposes until May 12. If the child meets all other requirements for SSI eligibility, benefits will begin on June 1.

2. Example 2: Frequent trips for less than 30 days

Mr. Hernandez is a U.S. citizen who has always resided in San Diego, CA. He first applies for SSI on May 22. He reports that he made several one day shopping trips into Mexico in the prior 30 days, but was not absent from the U.S. for 30 consecutive days. The brief trips into Mexico have no affect on Mr. Hernandez's eligibility for SSI benefits since he was not out of the U.S. for 30 consecutive days and he is a U.S. resident.

3. Example 3: Outside U.S. for calendar month based on 30-day absence

Mr. Lee left the U.S. on March 1 and returned on April 1. Counting March 2 through March 31, he was outside the U.S. for 30 consecutive days; thus, his period of absence from the U.S. is treated as remaining outside the U.S. until he has been in the U.S. for a period of 30 consecutive days. He remains eligible for March because he was not outside the U.S. for the full calendar month. He does not re-establish presence until remaining in the U.S. for 30 consecutive days, here April 30. However, he is eligible for payment effective May 1, having been present for a period of 30 consecutive days.

4. Example 4: Outside U.S. for at least 30 days and for calendar month

Ms. Robinson left the U.S. on April 15 and returned on July 1. Counting April 16 through June 30, she was absent and not eligible for the calendar months of May and June. She was absent for more than 30 consecutive days; thus, her period of absence from the U.S. continues until she has been present for 30 consecutive days, July 1 through July 30. She is eligible for payment effective July 31.

5. Example 5: Outside U.S. for 30 days but not for any calendar month

Mr. Benes left the U.S. on July 1 and returned on August 1. Counting July 2 through July 31, he was outside the U.S. for 30 consecutive days and his period of absence from the U.S. continues until he has been present for 30 consecutive days. Assuming continuous presence since his return on August 1, and counting through August 30, he reestablished presence as of August 31 and was not absent for any full calendar month. Thus, he is eligible for a full payment in July and a full payment in August.  

6. Example 6: Outside U.S. for calendar month but less than 30 days (February only)

Ms. Johnson left the U.S. on January 31 and returned on March 1. Counting February 1 through February 28, she was absent for the full calendar month of February and thus was ineligible for that month. Because the absence was for less than 30 consecutive days, she was again eligible for payment beginning with March 1.

7. Example 7: Failure to respond to requests for Continuing Disability Review (CDR)

A medical improvement expected (MIE) diary was set on the record to schedule Mr. Shaw for a CDR based upon his particular impairment. In 6 months, when the diary was due, the field office (FO) made several attempts to contact Mr. Shaw to obtain information concerning his medical condition. His failure to respond to repeated requests for information might prompt an investigation into whether he is absent from the U.S.

8. Example 8: Prior periods of ineligibility for SSI due to absence from the United States

Ms. Smith has had a prior periods of ineligibility for SSI benefits due to absences from the United States (N03). In the past, she has failed to report trips outside the U.S. until her return. When she fails to respond to a request to contact the local social security office to file a claim for title II benefits, the FO suspends her benefits for failure to pursue the title II claim. When she contacts the FO two months later to request reinstatement of her SSI benefits, the CSR takes steps to determine whether she has been outside the United States.

G. References

1. Suspensions

2. Notices

3. Establishing U.S. residency

4. Blind or disabled children overseas

5. SSI Eligibility for students temporarily abroad

6. Evidence of Foreign Travel - Foreign Travel Data Application

7. Using the Foreign Travel Data Application (SSI)



SI 00501 TN 82 - Ineligibility Due to Absence from the United States/Developing Presence - 8/08/2025