Social Security

NOTE: Process an application under the prerelease procedure without regard to whether an agreement exists with the institution. For more information about prerelease agreements, see SI 00520.910.

a. Claimants housed in non-BOP institutions

Apply prerelease procedures when the individual’s release date will be within 30 days of the estimated time for getting a medical decision from the Disability Determination Services (DDS). For example, if the DDS processing time averages about 90 days, the FO can take the claim 120 days before the scheduled release date of the claimant.

Apply prerelease procedures to claims using the following timeframes:

· For T2 retirement and survivor’s claims: Apply prerelease procedures to claims received within 30 days prior to the individual’s scheduled date of release from BOP custody or 30 days prior to the home confinement placement date.

· For T2 disability claims: Apply prerelease procedures to claims received within 120 days prior to the individual’s scheduled date of release from BOP custody or 120 days prior to the home confinement placement date.

· Entering PRISON or PRERELEASE on the issue line and “DEVELOPMENT NEEDED” on the remarks line of the development worksheet screen (DWO1)

· Explaining the reason why we excluded the claim from the non-medical completion procedure on the MCS Worksheet Remarks screen (DW03).

· Apply any existing regional or local prerelease procedures between the institution and DDS/FO.

· The FO does not question the adequacy of the medical information contained in the medical report submitted by the institution. If the institution refuses to submit medical evidence or states it has no medical evidence, or the evidence appears incomplete and no other source of medical evidence is available, do not attempt further development and forward to DDS with the information available.

· Flag the Electronic Disability Collect System (EDCS) as a “Prerelease Case”. Explain any missing or incomplete medical evidence using EDCS 3367. For more information about flags in EDCS, see DI 81010.080. For information on completing the SSA-3367, see DI 11005.045.

Once the FO receives a favorable medical decision from the DDS, follow these steps:

· Contact the institution promptly to:
o Advise the institution that we cannot pay benefits until we verify the release date, and;

o Ask the institution for the expected release date.
· If the applicant has not been released from confinement when the claim is approved by DDS, adjudicate into prisoner suspense status as seen in MS 03509.016.
· Once the individual is released, follow the T2 procedures for post-entitlement reinstatement in GN 02607.840.

For BOP conditional release and skilled nursing case claims where the applicant has not been released from confinement when the claim is approved by DDS, adjudicate into prisoner suspense status as seen in MS 03509.016. Once the inmate is released, follow the T2 procedures for post-entitlement reinstatement in GN 02607.840.

For example, the FO can:

· provide the institution with information about what documents the FO needs to process a reinstatement;

· set up an appointment for an interview shortly after the release; and

· encourage close cooperation between the institution, the prisoner, and the FO to avoid unnecessary delays.

· provide the FO with the prisoner’s new address;

· provide documents to verify the prisoner’s release; and

· encourage the prisoner to respond immediately to any FO requests for information, and not to miss any interview appointments. For instructions about prisoner reinstatements, see GN 02607.840.