While the use of the Unit Code is limited to individuals filing as a direct result of the disaster, you may apply a designated indicator to the record of any individual affected by disasters. The purpose of these indicators is to alert technicians to the need for special handling.

If an MBR is established and there is no message in the Special Message Code field, enter a Special Message Code. The message should read “DISASTER PROCEDURES APPLY FOR BIC(S) (followed by the applicable BIC(S)”.

Follow the instructions:

• •

  SM 00510.075, Special Message (SP MSG 1) Data Line

• •

  SM 00514.035, Special Message Data

• •

  MSOM T2PE 002.005, Special Message (PESM)

Add the designated CG field indicator to the SSR as needed. Follow procedures in, Case Redetermination Data - CRZD SM 01601.460.

Use an IDN code of “P” on the Numident as proof of age for claims purposes. If the IDN code on the NUMI is “P”, enter a Proof of Age code of “B” with a Proof Type of “O”.

If the IDN code on the NUMI is other than “P” or “B”,refer to GN 00302.030 to determine if tolerances apply.

Follow the instructions in

• •

  RM 10235.005, Parts of the Basic Numident Query Response

• •

  GN 00302.030, Tolerances for Developing Evidence of Age

If the applicant does not have complete information about prior filings for Title II, Title XVI or Medicare, answer each question “No.” Add information about any knowledge of prior filings on the RMKS screen.

If the applicant does not know the date the marriage began, enter a date one calendar year from date of application (if prior marriages terminated before that date) and annotate remarks that the actual date is unknown.

For surviving divorced spouses, the duration of marriage must be at least 10 years see, Child-in-Care RS 00208.005. Ensure the screens show a marriage duration that allows benefits to be paid, if the claimant alleges the marriage lasted at least 10 years.

The marriage duration requirement does not apply to surviving divorced mothers or fathers per RS 00208.010.

Enter “Y” or “N,” to indicate if the child's relationship to the NH was proven. If you did not review the proof and the Numident is not sufficient, annotate the RPOC screen per GN 00207.055D.5.

1. 1. 

   If “U.S. Citizen” is answered "Y" and proof exists, select the appropriate proof type (i.e. enumeration, title 2/18/16, other).

2. 2. 

   If you did not review the proof, select the appropriate option (i.e. development pending/no proof) and annotate the RPOC screen per GN 00207.055D.5.

NOTE: Establish U.S. citizenship from the following SSA sources

• •

  U.S. place of birth is shown on the Numident, and

• •

  the evidence code in the IDN field on the account line of the Numident is “P;” or

• •

  the IDN code is “C,” “D,” or blank (absent), and the cycle date (CYD) on the Numident is more than 5 years before the current date.

• •

  If “U.S. Citizen” is “N” on CLCZ but the applicant does not know when the individual started living in the U.S., enter a date 30 days prior to the event, or the date of the event in the Alien Status Start Date.  

• •

  If the date entered is 30 days prior to the event, annotate the remarks screen that the exact date is unknown and, under penalty of perjury, the individual has been in the U.S. lawfully for at least the last 30 days.   (The applicant will “sign” via attestation or if SSA systems are not available, sign a paper application.) 

• •

  If the date of the event is entered, annotate the remarks screen that the exact date is unknown. 

For a mandatory MCS field, which the applicant does not know the answer (e.g., Active U.S. Military, Worked for the railroad),

• •

  enter an “N”, and

• •

  annotate the RPOC screen for this entry.

• •

  Establish the claim on MCS, with a “?” for the Claimant SSN field, if you anticipate entering a representative payee applicant in RPS.

• •

  Indicate the need for appropriate proofs (age, citizenship) on the MCS screens. MCS automatically establishes an issue of “CLUNK” on the DW01. Leave the receipt date blank.

• •

  If you will be entering a representative payee application for a beneficiary whose SSN is unknown, on the Representative Payee Main Menu (RPMM) screen, you must answer the (following question) in the “BENEFICIARY/RECIPIENT SSN” field. The question is “OR UNKNOWN (Y/N) __ “. You must answer this question with a “Y”. The RPS path will then prompt you to show the NH's SSN, and describe the beneficiary. You will not be able to adjudicate the RPS application with the unknown SSN.

• •

  To adjudicate the claim, a member of management must enter the “Management Override” function, which is #27 on the MCS System Menu (MENU) screen. The override must be #3, “CLMT SSN UNKNOWN.”

The usual evidence of death should be available. If primary evidence is not available, obtain secondary evidence. Follow the instructions, Preferred Evidence of Death GN 00304.005.

Secondary evidence may include a passenger manifest or a newspaper account listing the identified victims. Follow the instructions, Secondary Evidence of Death GN 00304.015.

Assemble any evidence common to all or most of the disaster victims and prepare information for use on the Evidence (EVID) screen in Shared Processes as documentation for each claim.

Secure statements from the claimant and a disinterested party covering the facts of the disappearance.  The facts should establish

• •

  the presence of the individual at the scene of the disaster,

• •

  that imminent peril existed, and

• •

  there was little likelihood of survival.

See Details

GN 00304.025, Circumstantial Evidence of Death

Secure statements providing information that has a bearing on the activities of the missing individual on the day of the event. This information may contribute to establishing whether they may have died as a result. You may use secondary evidence to establish the likelihood of death.

Obtain primary evidence of wages and/or self-employment income (SEI) if readily available.

See Details

• •

  RS 01403.010, Primary Evidence of Wages

• •

  RS 01403.044, Variance Between Total Wages and Social Security Wages Shown on Forms W-2/W-2c

• •

  RS 01804.050, Acceptable Evidence of SEI - Policy

Obtain secondary evidence of wages if applicable.

If no evidence of wages is available:

• •

  Determine whether you can credit the wages and the appropriate amount to credit

• •

  Prepare, if appropriate, Form SSA-553, Special Determination and

• •

  Enter in the Earnings Modernization Item Correction (ICOR) System or the Report of Contact (RPOC) screen for the lag period

• •

  Follow instructions for establishing SEI if tax returns are not available.

See Details

• •

  RS 01403.050, When Development of Secondary Evidence of Wages May Begin

• •

  RS 01403.060, Employee’s Own Record of Wages

• •

  RS 01403.061, When Evidence of Wages Cannot Be Obtained

• •

  RS 01804.150, Establishing SEI for Prelag Years, and

• •

  RS 01804.165, Establishing Unposted Prelag SEI-Tax Returns Destroyed by IRS

Follow normal procedures for developing lag earnings.

See Details

• •

  RS 01404.005, Lag Period – and Lag Earnings

• •

  RS 01404.018, Evidence of Lag Wages

Use the lag SEI (as with any SEI) in the computation only if a tax return has been filed with IRS.

See Details

• •

  RS 01804.100, Establishing Lag SEI

• •

  RS 01804.110, Establishing Current Year SEI

• •

  Fully develop the relationship to the number holder before adjudicating child's claims involving children born out of wedlock.

• •

  Follow normal procedures to determine if the child has inheritance rights under State law and qualifies under Section 216(h)(3).

• •

  Use Numident records to establish a parent-child relationship for a victim's natural legitimate child if:

  1. a. 

     the parents' names are shown in the appropriate fields on the Numident;

  2. b. 

     there is no evidence in file that the child was born before the parents' marriage; and

  3. c. 

     there is no other evidence showing that the child is not the number holder's natural legitimate child.

• •

  Exercise caution before establishing marital relationship based on allegations. A spouse must allege a marriage lasting at least one continuous year, unless an alternative or exception applies.

For claims requiring a dependency determination (i.e., one-half support for parents and stepchildren or contributions of support for some other types of children), complete the necessary forms to obtain the information needed to make the determination (i.e., Form SSA-760 for parents, Form SSA-783(s) for children).

See Details

• •

  RS 01301.150, Completion of Form SSA-760-F4 (Certificate of Support)

• •

  RS 01301.165, One-Half Support – Corroborating Statement and Other Evidence

Process the claims as follows.

• •

  If the applicant initiated the contact with SSA, obtain the signed form(s) (along with the application) before processing the claim.

• •

  If anyone other than the applicant initiates contact process the claim based on the information on the form(s), obtain the applicant's signature on the form(s) and the application post-adjudicatively.

In both situations, obtain any necessary documentary evidence of support post-adjudicatively.

In disaster cases, evidentiary requirements for Proof of age remain the same as for other cases. If neither an IDN code of “P” nor the proof of age tolerance procedure applies, develop evidence of age. Develop a material discrepancy for proof of age.

See Details

• •

  RM 10235.005, Parts of the Basic Numident Query Response

• •

  GN 00302.030, Tolerances for Developing Evidence of Age

• •

  GN 00302.050, Evidence Required for Claimants Under Age 73

• •

  GN 00302.100, Developing Evidence of Age When There is No Preferred Evidence

• •

  GN 00302.125, Combination of Documents Which Eliminate the Need for Further Development - Age

• •

  GN 00302.160, Material Discrepancy - Age

POMS provides for a developmental tolerance when information/evidence is not available from the claimant, recipient, or a third party. This includes situations where documents were destroyed, an employer is no longer in business, the records are inaccessible, etc.

A "disaster" is not required for the tolerance to apply; however, the situation increases the likelihood that evidence of income and resources may not be available for those persons affected by the disaster.

If complete POMS development requirements are not possible because of situations created by the disaster, use the claimant or recipient’s best available evidence or relevant allegations for development of income and resources. Document the file with the reason why required POMS development is not available.

See Details

SI 00601.100, Information/Evidence – General

Individuals affected by disasters and previously denied Title XVI benefits due to excess income or resources, or whose pending claim we would deny on that basis, may now meet the Title XVI eligibility requirements.

In many cases, changes in income or resources may be a direct result of the disaster and we must pay special attention to ensure that these individuals receive benefits for which they may be eligible.

A notation in the Special Message field of the MBR or a code in the CG field of the SSR will identify most affected claimants. In addition, if the SSR does not show the code but the caller alleges being a victim from the affected area, accept the allegation and follow the procedures. If an individual affected by the disaster contacts the 800 number or the FO for any reason:

• •

  Check the system to see if there is a SSID.

• •

  Determine whether the individual had a Title XVI claim denied for excess income/resources (N01/N04).

The determination for a denial of a claim for excess income or resources prior to the disaster was most likely correct when made. However, due to the drastic changes brought about by disasters, the individual may be eligible now.

Filing an appeal request will extend the life of the application, allowing SSA to develop for current eligibility and approve the case based on the prior application. For information on the life of an application, see SI 00601.010C.2.

Follow normal screening procedures to determine whether the individual now appears to be eligible for Title XVI based on the loss of income and resources.

If the individual appears eligible

• •

  Schedule an appointment using the enhanced Leads and Appointment System (eLAS) initial claims calendar, select the claim type relevant to the ID code on the SSID.

• •

  Annotate the individual’s contact information, i.e., address, phone number, alternative contact person, if appropriate.

• •

  Annotate in REMARKS, “Disasters, Appeal on Title XVI claim recently denied for excess income (N01) or excess resources (N04).”

1. 1. 

   If the individual is within the 60-day appeal period of the notice of Title XVI denial for excess income or excess resources, process an appeal.

2. 2. 

   If the individual is outside the 60-day appeal period, determine if good cause applies. Good cause applies to individuals who could not file an appeal because of a disaster. Others may have another reason (e.g., hospitalization) for not filing an appeal.

3. 3. 

   If the request is outside of the appeal period and good cause cannot be found, take a new application, using the date of contact with the 800 number as the protected filing date. If the determination was not correct when made, consider reopening within the limits of Administrative Finality.

See Details

• •

  GN 03101.020, Good Cause for Extending Time Limit

• •

  SI 04020.020B.3, Requests for SSI Reconsideration

Follow normal screening procedures to determine whether the individual now appears to be eligible for Title XVI based on the loss of income or resources.

If the individual appears to be eligible based on the loss of income and/or resources:

• •

  Schedule an appointment using the enhanced Leads and Appointment System (eLAS) initial claims calendar, selecting the claim type relevant to the ID code on the SSID.

• •

  Annotate the individual’s contact information, i.e., address, phone number, alternative contact person, if appropriate.

• •

  Annotate in REMARKS, “Disasters, Title XVI claim recently denied for excess income (N01) or excess resources (N04).”

For these individuals the possibility exists that a technical denial for excess income or resources may no longer be correct.

• •

  Carefully consider reopening or revisiting the determination to deny the claim.

• •

  Contact the individual and develop for reopening. Normally, we would not reopen during the appeal period, however, for these cases, we allow reopening rather than an appeal. Use error on the face of the evidence as the basis for reopening. Our affirmative action in writing is the contact with the individual.

• •

  Consider an appeal if we made the correct determination but the individual’s income or resources are now lower, as a result of the disaster.

See Details

• •

  SI 04070.010F.5, Title XVI Administrative Finality – General Reopening Policies

• •

  SI 04070.015, Reopening SSI Determinations

• •

  Cash or in-kind items are not income if provided to replace or repair a lost, damaged, or stolen resource.
  
  Cash and in-kind receipts from any source for the replacement or repair of lost, damaged, or stolen excluded resources are themselves not treated as resources for 9 months from the date of their receipt. In the case of presidential-declared disasters up to 30 months (a 9-month initial period, a 9-month good cause extension, plus an additional 12-month good cause extension) may be granted.

See Details

• •

  SI 00815.200, Conversion or Sale of a Resource

• •

  SI 01130.630, Cash and In-Kind Items Received for the Repair or Replacement of Lost, Damaged, or Stolen Excluded Resources

Be alert for situations where a former resident of the area alleges ownership of real or personal property damaged or destroyed by the disaster. Property owned by a victim of the disaster may have a reduced current market value (CMV) or no CMV at all.

Property does not cease to be a resource simply because it has no CMV; however, the resource does not affect eligibility if it has no CMV and cannot be sold.

See Details

• •

  SI 01110.100, Distinction Between Assets and Resources

• •

  SI 01110.400, What Values Apply to Resources

• •

  SI 01120.010, Factors that Make Property a Resource

• •

  SI 01140.044, Resources with Zero Value

The value of any non-cash items received (other than in-kind support and maintenance) is not income if they would become a partially or totally excluded non-liquid resource if retained into the following month.

See Details

• •

  SI 00815.550, Receipt of Certain Noncash Items

• •

  SI 01110.210, Excluded Resources

In-kind support and maintenance is excluded, and the one-third reduction does not apply for an individual who stopped living in their home due to the disaster.

Do not charge ISM for an individual made homeless by this disaster. Any food and shelter the individual receives is excludable whether provided in a private home, a shelter, or any other temporary housing arrangement resorted to because of the disaster.

See Details

SI 00835.050, Living Arrangement Changes for Victims of Presidentially Declared Disasters

We exclude HEA/SMA from income if it is

• •

  certified by the State as provided based on need, and

• •

  provided in-kind or in cash (by a private nonprofit agency or a supplier of home heating oil or gas, a rate-of-return entity providing home energy, or a municipal utility providing home energy)

See Details

• •

  SI 00830.605, Home Energy Assistance and Support and Maintenance Assistance (HEA/SMA)

• •

  SI 00835.331, Treatment of Home Energy Assistance (HEA) and Support and Maintenance Assistance (SMA) in Determinations of Inside ISM and Cash from Within a Household

Loans of cash or in-kind support and maintenance that the borrower is obligated to repay are not income.

See Details

• •

  SI 00815.350, Proceeds of a Loan

• •

  SI 00835.482, Loans of In-Kind Support and Maintenance

• •

  SI 01120.220, Cash Loans

Exclude the first $30 of earned income and the first $60 of unearned income received in a calendar quarter that is received either infrequently or irregularly per SI 00810.410.

Medical and Social Services are not income per SI 00815.050.

A third party payment of an individual's bills for an item other than food or shelter is not income per SI 00815.400.

In-kind gifts of clothing are not a form of income or in-kind support and maintenance for all SSI beneficiaries and deemors beginning March 9, 2005.

See Details

• •

  SI 00815.001B, What Is Not Income - General

• •

  SI 00835.400B, In-Kind Support and Maintenance (ISM) to One Person

Help with labor, third party payments for repairs, and materials for improvements and repairs to an existing resource are not income, e.g., home or car repairs.

See Details

• •

  SI 00815.001B, What Is Not Income - General

• •

  SI 00815.500, Weatherization Assistance

The value of personal services is not income. Examples can include personal care services, transportation, cleaning, etc. per SI 00815.150.

Exclude from income assistance based on need, which uses income as a factor of eligibility and which a State, county, or local government wholly funds county or local government per SI 00830.175.

Continue to exclude a previously excluded home, even if it is uninhabitable due to the disaster, if the former resident intends to return to the home. Also, continue to exclude the home if a spouse or dependent relative continues to reside there, or, if sale of the home would cause undue hardship due to loss of housing for a co-owner.

See Details

SI 01130.100, The Home Exclusion

Exclude from income in the month of receipt any educational grant, scholarship, fellowship, or gift established for children affected by a disaster.

Exclude from resources for 9 months after the month of receipt, if the child will use it is used it for paying current or future necessary educational expenses such as tuition and fees at any educational institution.

This income and resource exclusion does not apply to any portion of the funds set aside or actually used for food or shelter. Funds maintained and administered by a public or private organization, third-party trust, or Uniform Gift/Transfer to Minors Act account and only paid out at the time of need may not be a resource.

See Details

• •

  SI 00830.455, Grants, Scholarships, Fellowships, and Gifts - Income

• •

  SI 01130.455, Grants, Scholarships, Fellowships, and Gifts - Resources

1. 1. 

   Exclude from income any death benefits used by a person to pay the expenses of a deceased person’s last illness and funeral expenses. Any amount of death benefits that remain after the last illness and funeral expenses are paid is income to the recipient or deemor.

2. 2. 

   Exclude from resources for one month following the month of receipt any death benefits that will be used to pay a deceased person’s last illness and funeral expenses.”

See Details

• •

  SI 00830.545, Death Benefits

• •

  SI 01120.115, Death Benefits for Last Illness and Burial Expenses