Effective Dates: 11/29/2023 - Present
Identification Number:
| EM-23072
|
| Intended Audience: | All RCs/ARCs/ADs/FOs/TSCs/WSUs/PSCs/OCO/OCO-CSTs/ ODD/DPU/DPB/CFDPS/OHO/DDS/FBUs |
| Originating Office: | ORDP OISP |
| Title: | New Reconsideration Affirmation Notice for Suspensions Under the Alien Nonpayment Provision – Instructions Will Follow Shortly |
| Type: | EM - Emergency Messages |
| Program: | Title II (RSI); Disability |
| Link To Reference: | See References at the end of this EM. |
|
Retention Date: May 27, 2024
A. Purpose
This EM announces a new reconsideration affirmation notice – the E4069 – specific to benefit suspensions under the Alien Nonpayment Provision (ANP).
B. Background
The ANP is Section 202(t)(1) of the Social Security Act. It requires suspension of Title II benefits to individuals who are not U.S. citizens or nationals after six consecutive calendar months outside the United States. Individuals cannot receive payments after six months of absence unless they meet one of the law’s exceptions, as outlined in RS 02610.010. Benefits can resume after a full calendar month of physical and lawful U.S. presence.
If claimants disagree with our decision to suspend benefits under the ANP, they have the right to file a request for reconsideration. We created this notice to ensure consistent and accurate messaging when we are affirming that our initial decision was correct.
C. Overview of Notice E4069
Notice E4069 is in the Aurora system. Use this notice, rather than the E3474, when affirming our initial decision to suspend a beneficiary’s Title II benefits under the ANP.
The notice conveys that the circumstances described in the claimant’s request for reconsideration do not meet an exception in the law. Therefore, we cannot pay benefits for the months requested.
NOTE: The notice provides the same appeal rights language that is in a similar reconsideration affirmation notice, the E3474. For additional information about those appeal rights Universal Text Identifiers (UTIs), including which to use in this notice, see NL 00703.474.
Direct all program-related and technical questions to the Division of Training and Program Support in the Office of Earnings and International Operations at ||OCO OEIO DTPS ISB Controls.
References
NL 00703.474 Reconsideration Affirmation of Prior Decision
RS 02610.001 Alien Nonpayment Provisions
RS 02610.010 Exceptions to Alien Nonpayment
EM-23072 - New Reconsideration Affirmation Notice for Suspensions Under the Alien Nonpayment Provision – Instructions Will Follow Shortly - 11/29/2023