For purposes of this chapter, “SSI benefits” means Federal benefits, as of October 1, 1983. Federally administered State supplementary payments are not included.

1. a. 

   Once a blind recipient has been ineligible for payment of SSI benefits in excess of 6 consecutive months, the recipient permanently loses the right to use the alternative income counting provision, as of the seventh month of ineligibility. (But see 4. below.)

   Included among those considered ineligible for payment of SSI benefits are:

   • •

     recipients whose benefits are suspended because of “whereabouts unknown” (payment statuses S06 and S07),

   • •

     recipients who are eligible but due no payment (payment status E01), and

   • •

     recipients in section 1619(b) status.

2. b. 

   A determination that an individual is ineligible for payment of SSI benefits is subject to reopening under the rules of administrative finality (SI 04070.001 ff.). A revision of a prior determination of ineligibility for payment may result in a retroactive restoration of the right to use the alternative income counting provision.

A suspension of payment for administrative reasons while an individual remains eligible for payment does not disqualify a recipient from the alternative income counting provision, regardless of the length of the suspension.

Currently, suspense pending development of a representative payee is the only kind of administrative suspension. In earlier years, however, other kinds of administrative suspensions existed.

Before “SSI benefits” was defined, the term was commonly understood to include federally administered State supplementary payments.

A recipient remains qualified for the alternative income counting provision (i.e., is “protected”), despite the rule in 2. above, provided he or she:

• •

  was eligible for only a federally administered State supplement (with no Federal benefit due) for a period of more than 6 consecutive months prior to October 1, 1983; and

• •

  was considered qualified to use the alternative income counting provision following that period of Federal ineligibility under the rules as interpreted before October 1, 1983; and

• •

  has remained eligible for either Federal benefits or federally administered State supplementary payments (except for periods not in excess of 6 consecutive months); and

• •

  has remained a resident of the same State.

A blind recipient who qualifies for the alternative income counting provision may also qualify for federally administered mandatory minimum State supplementary (MMSS) payments. A recipient who loses the right to use the alternative income counting provision may retain the right to MMSS payments. See SI 01401.001 C.6. and SI 01410.001 ff.

Send a manual notice of planned action to the blind recipient who:

• •

  loses the right to use the alternative income counting provision, and

• •

  will suffer an immediate reduction in, or suspension of eligibility for, payment because of the loss of the use of State plan blind income disregards.

See the exhibits in D. below for special notice language. Follow the procedures in NL 00803.030 and NL 00804.000 for preparation of a manual notice.

Suppress the automated notice when inputting the new income information to the system. See SM 01301.675, SM 01305.530, and SM 01305.540.

See NL 01001.001

 Social Security Administration 

 Supplemental Security Income  

 Notice of Planned Action 

                               Date: 

                               Social Security Number: 

                                XXX-XX-XXXX 

 Recipient Name 

 Street Address 

 City/State/Zip code 

 Your payments (or those of the individual named above) will be changed as follows: 

 Why Your Payments Will Change  

 In the past, we did not count some of your income when we figured your SSI payments. We have changed the way we count your income. We have to start counting more of your income when we figure your SSI payments. This means your SSI payments will be less. We used the following income: 

 If you think these facts are wrong, please let us know. 

 Why We Are Counting More of Your Income  

 We changed the rules we use to count your income: 

 •  In the past, we used State rules to figure your SSI payment. The State rules said we did not have to count some of your income when we figured your payment. This made your income low enough so that you could get SSI. 

 •  But when your SSI payment will include only money from your State for more than 6 months in a row, we have to change the way we figure your payment. We must use Federal rules to figure your payments beginning with the seventh month. 

 We will not change your check if you appeal within 10 days  after getting this notice. 

 •  Your SSI payment has included only State money since (date). We have to use the Federal rules to figure your payments beginning (date). 

 Under the Federal rules we have to count more of your income. This means your SSI payment will be less. 

 (Optional) You Have Been Paid Too Much SSI  

 (Date) was the last month we could use State rules to figure your SSI. We should have used Federal rules beginning with (date). Because we did not make this change in time, we have paid you too much SSI. 

 We will send you another letter to tell you how we have paid you too much and what to do if you thing we are wrong. 

 What to Do If You Think You Can Get More SSI  

 You may be able to get more SSI. Please let us know right away if these things change: 

 •  Your income. 

 •  If anyone moves in or out of your house. 

 If you tell us these things change, you need to show us proof. Then we will let you know if you can get more SSI. 

 If You Have Any Questions  

 If you have any questions, you may call, write or visit any Social Security office. If you call or visit our office, please have this letter with you and ask for (Claim Representative Name). (His/Her) telephone number is (XXX) XXX-XXXX. 

 Also, if you plan to visit an office, you may call ahead to make any appointment. This will help us serve you more quickly when you arrive at the office. 

                               Signature 

                               Manager's Name 

                               Field Office Manager 

 DO YOU THINK WE ARE WRONG?  

 If you think we are wrong, you have the right to appeal. We will correct mistakes. We will look at any new facts you have. 

 •  You have 60 days to ask for an appeal. 

 •  The 60 days start the day after you get this letter. 

 •  You will have to have a good reason for waiting more than 60 days. 

 •  To appeal, you must fill out a form call "Request for Reconsideration." The form number is SSA-561-U2. To get this form, contact one of our offices. We can help you fill out the form. 

 APPEAL IN 10 DAYS TO KEEP GETTING YOUR SAME CHECK  

 •  We will not change your check if you appeal within 10 days. 

 •  The 10 days start the day after you get this letter. 

 •  If you lose your appeal, you might have to pay backs some or all of this money. 

 HOW TO APPEAL  

 There are three ways to appeal. You can pick the one you want. If you meet with us in person, it may help us decide your case.  

 •  Case Review. You have a right to review the facts in your file. You can give us more facts to add to your file. Then we will decide your case again. You will not meet with the person who decides your case. 

 •  Informal Conference. You will meet with the person who decides your file. You can give us more facts to add to your file. Then we will decide your case again. You will not meet with the person who decides your case. 

 •  Formal Conference. This is a meeting like a an informal conference. The difference is we can make people come to help prove you are right. We can make them bring important papers about your case, even if they do not want to help you. You can question these people at your meeting. 

 IF YOU WANT HELP WITH YOUR APPEAL  

 You may want help from a friend, lawyer or someone else. There are groups that can find you a lawyer. Some can give you a free lawyer. We can give you the names of these groups. 

 Social Security Administration 

 Supplemental Security Income  

 Notice of Planned Action 

                               Date: 

                               Social Security Number: 

                                XXX-XX-XXXX 

 Recipient Name 

 Street Address 

 City/State/Zip code 

 Your payments (or those of the individual named above) will be changed as follows: 

 Why Your Payments Will Change  

 In the past, we did not count some of your income when we figured your SSI payments. We have changed the way we count your income. We have to start counting more of your income when we figure your SSI payments. This makes your income too high for you to get SSI. We used the following income: 

 If you think these facts are wrong, please let us know. 

 Why We Are Counting More of Your Income  

 We changed the rules we use to count your income: 

 •  In the past, we used State rules to figure your SSI payment. The State rules said we did not have to count some of your income when we figured your payment. This made your income low enough so that you could get SSI. 

 •  But when your SSI payment will include only money from your State for more than 6 months in a row, we have to change the way we figure your payment. We must use Federal rules to figure your payments beginning with the seventh month. 

 We will not change your check if you appeal within 10 days  after getting this notice. 

 •  Your SSI payment has included only State money since (date). We have to use the Federal rules to figure your payments beginning (date). 

 Under the Federal rules we have to count more of your income. This makes your income too high for you to get SSI payments. 

 (Optional) You Have Been Paid Too Much SSI  

 (Date) was the last month we could use State rules to figure your SSI. We should have used Federal rules beginning with (date). Because we did not make this change in time, we have paid you too much SSI. 

 We will send you another letter to tell you how we have paid you too much and what to do if you thing we are wrong. 

 What to Do If You Think You Can Get SSI  

 You may be able to get SSI again. Please let us know right away if these things change: 

 •  Your income. 

 •  If anyone moves in or out of your house. 

 If you tell us these things change, you need to show us proof. Then we will let you know if you can get any SSI. 

 If You Have Any Questions  

 If you have any questions, you may call, write or visit any Social Security office. If you call or visit our office, please have this letter with you and ask for (Claim Representative Name). (His/Her) telephone number is (XXX) XXX-XXXX. 

 Also, if you plan to visit an office, you may call ahead to make any appointment. This will help us serve you more quickly when you arrive at the office. 

                               Signature 

                               Manager's Name 

                               Field Office Manager 

 DO YOU THINK WE ARE WRONG?  

 If you think we are wrong, you have the right to appeal. We will correct mistakes. We will look at any new facts you have. 

 •  You have 60 days to ask for an appeal. 

 •  The 60 days start the day after you get this letter. 

 •  You will have to have a good reason for waiting more than 60 days. 

 •  To appeal, you must fill out a form call "Request for Reconsideration." The form number is SSA-561-U2. To get this form, contact one of our offices. We can help you fill out the form. 

 APPEAL IN 10 DAYS TO KEEP GETTING YOUR SAME CHECK  

 •  We will not change your check if you appeal within 10 days. 

 •  The 10 days start the day after you get this letter. 

 •  If you lose your appeal, you might have to pay backs some or all of this money. 

 HOW TO APPEAL  

 There are three ways to appeal. You can pick the one you want. If you meet with us in person, it may help us decide your case.  

 •  Case Review. You have a right to review the facts in your file. You can give us more facts to add to your file. Then we will decide your case again. You will not meet with the person who decides your case. 

 •  Informal Conference. You will meet with the person who decides your file. You can give us more facts to add to your file. Then we will decide your case again. You will not meet with the person who decides your case. 

 •  Formal Conference. This is a meeting like a an informal conference. The difference is we can make people come to help prove you are right. We can make them bring important papers about your case, even if they do not want to help you. You can question these people at your meeting. 

 IF YOU WANT HELP WITH YOUR APPEAL  

 You may want help from a friend, lawyer or someone else. There are groups that can find you a lawyer. Some can give you a free lawyer. We can give you the names of these groups.