We issue the EAP and IP in situations when we cannot issue regular payments timely through Treasury certification, automated one-time payments (A-OTP), or manual one-time payments (M-OTP) to address the individual's financial emergency. For more information on A-OTP and M-OTP, refer to SM
01901.000. In priority of payment, we issue EAPs before issuing IPs.
The EAP and IP are advances against an individual's future Supplemental Security Income (SSI) payments. These advances are not additional monies due the individual. We will recover an EAP and IP from future SSI payments for which we determine an individual is eligible, refer to SI
02004.001B.1.d and SI 02004.001B.2.e in this section.
We may issue an EAP or IP to an individual who received interim assistance. We will not pay the EAP or IP to the State for reimbursement. Instead, we will recover the EAP or IP amount from SSI payments for which we determine an individual is eligible. The payable balance is available for reimbursement to the State. For more information on Interim Assistance Reimbursement, refer to SI
02003.001. To issue an EAP or IP, refer to SI 02004.010.
If the individual has a representative payee (payee) we must issue the EAP or IP through the payee. For representative payee payment procedures, refer to GN 00502.001.
1. Emergency advance payment
We issue an EAP under statutory authority. We may issue a one-time EAP to certain individuals applying for SSI. The EAP amount cannot exceed the total amount of SSI (Federal benefit rate (FBR), plus the federally administered State supplementary payment (SSP), if any) due the individual, in the month we issue the EAP.
An individual may receive an EAP if they will receive SSI payments based on a finding of presumptive disability/presumptive blindness (PD/PB). If the individual is experiencing a financial emergency and the FO cannot make a presumption of disability or blindness determination, advise the disability determination service (DDS) of the emergency. For PD/PB procedures, refer to DI
11055.240. The DDS may be able to make a finding of presumptive disability or blindness per DI
23535.010.
We do not consider a reversed presumptive disability or blindness determination as an overpayment, refer to SI 02201.010.
We may issue an EAP to an individual even if we issued an EAP to the same individual on a prior claim if they are filing a subsequent SSI application. We may also issue an EAP to an individual who appealed a prior denial and was successful on appeal.
We consider an individual having a financial emergency when they do not have sufficient income or resources to meet an immediate threat to their health or safety, such as the lack of food, clothing, shelter, or medical care.
An individual may have an emergency if they have liquid resources but cannot access the resources quickly enough to meet an immediate threat to health or safety. If there is no evidence to the contrary, accept an individual's allegation that they do not have enough money to meet an immediate threat.
An individual has the right to choose a specific health professional, shelter, clothing, food, etc., to meet their needs. Do not make this choice for an individual to avoid making an EAP. For example, do not refer them to a less expensive health service of another type or another source to avoid making an EAP.
d. Recovering an emergency advance payment
If the individual is due retroactive SSI payments, recover the full EAP amount from the retroactive payments. If the individual is not due retroactive SSI benefits, recover the EAP in six equal installments from the first six payments due. Recover the EAP in fewer months if the individual makes the request, or if they are due fewer than six months of payment, because there is a closed period of disability of less than six months. Refer to the EAP procedures in SI
02004.010B.
The Commissioner of Social Security (COSS) instituted the IP policy to help individuals who do not qualify for an EAP. The IP policy applies to both Title XVI and Title II cases, as well as concurrent cases (Title XVI eligibility and Title II entitlement). For information about Title II IPs, refer to RS 02801.010. The maximum Title XVI IP amount is $2,000 for an individual or each member of an eligible couple.
We may make an IP when a case meets these requirements:
•
The case involves delayed payment of an initial claim, delayed or interrupted payments, or nonreceipt of issued payments; and
•
All development is complete and eligibility for payment has been established; and
•
The individual has a financial emergency that the FO cannot resolve, or FO management concludes that a case represents a potential public relations problem requiring prompt action. These problems may include homelessness or a natural disaster.
References:
•
GN 02406.700 General Information on Mass Loss of Checks and the Payment Delivery Alert System (PDAS) through GN 02406.715 Systems Processing of Mass Loss
In initial claims, do not make an IP without a valid Social Security number. Make an EAP, rather than a Title XVI IP if the EAP criteria are met per SI 02004.001B.1 in this section. If a case meets the IP criteria in an initial claim, the FO may make an IP after making an EAP.
c. Immediate payments in concurrent cases
In concurrent cases where retroactive benefits are due and windfall offset applies, compute the windfall offset first. This computation determines the Title XVI and Title II amounts due. For more information about Title II/Title XVI Windfall Offset, refer to GN 02610.005.
Make the IP from the program which can pay the full IP amount. Use this chart as a guide.
If
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Then...
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Both Title II and Title XVI can pay the full IP amount
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Pay the IP from Title II funds, refer RS 020801.010.
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Title II equals or exceeds the IP amount
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Pay a Title II IP.
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Title II is less but Title XVI equals or exceeds the IP amount
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Pay a Title XVI IP.
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Both Title II and Title XVI are less than the IP amount
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Pay the Title II IP first and then the Title XVI IP up to the IP maximum or the amount of total unpaid benefits, whichever is less.
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d. Posteligibility - delayed or interrupted payment
In posteligibility (PE) cases, we may make an IP if the recipient meets the criteria upon reinstatement. We will also make an IP if payments will be delayed or stopped due to a systems limitation or other systems problems.
e. Recovering an immediate payment
Recover the IP amount from the first regular payment following the IP.
3. Emergency advance payment versus immediate payment
This chart specifies the differences between an EAP and an IP.
EAP
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IP
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Authority: § 1631(a)(4)(A) of the Social Security Act; 20 CFR § 416.520
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Authority: By decision of the COSS
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Payable Program: Title XVI only
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Payable Programs: Title II and Title XVI
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Period: Initial claims only
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Period: Initial claims and PE
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Maximum payment amount is the smallest of:
• The amount of SSI (FBR plus SSP, if applicable) currently due an individual or couple;
• The total amount due from the first month for which payment is due through the month in which the EAP is paid; or
• The amount requested for the emergency
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Maximum payment amount:
Title II - lesser of $5,000 or benefits due
Title XVI - $2,000
Concurrent - $5,000 against total benefits due for Title II/Title XVI
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Frequency: One time per claim
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Frequency: As needed due to dire need
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Recovery: All at once from a retroactive payment. If no retroactive payment is due, in six monthly installments from SSI payments.
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Recovery: From future monthly payments
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References: SI 02004.001, SI 02004.010
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References: SI 02004.001, SI 02004.010, RS 02801.010 (for Title II)
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