SSA - POMS: DI 14510.030 - Office of Disability Operations (ODO) Procedures for Section 301 Post-adjudicative Actions

A. Procedure for report of work affecting continued eligibility for Section 301 payments

ODO may receive reports of work directly from the beneficiary, the provider of services, or the field office (FO), see DI 14510.007E. When you receive a work report, determine if the work experience is part of the beneficiary's Individual Work Plan (IWP), Individualized Plan for Employment (IPE), similar individualized written employment plan, or Individualized Education Program (IEP). If so, you do not take further action.

If the work experience is not part of the beneficiary's plan, determine if the beneficiary stopped participating in their plan or if they completed the program. If the beneficiary stopped participating or completed the program, terminate benefits per DI 14510.030C.

If the beneficiary is still participating in a program but the work experience is not part of the plan, consider:

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Is the work at the substantial gainful activity level?
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Has the beneficiary acquired the education, work skills, or experience that was the basis for the initial likelihood determination?

These are indicators that continued participation in the program will no longer increase the likelihood of the beneficiary's permanent removal from the disability or blindness benefit rolls. If participation in the program will not increase the likelihood of the beneficiary's permanent removal from the disability or blindness benefit rolls, terminate benefits per DI 14510.030C.

B. Procedure when the diary matures

1. Title II

When the Disability Control File (DCF) diary date for the vocational rehabilitation (VR) or similar program matures for a Title II case, an issue appears on the DCF tickle list and ODO receives an alert in the Paperless Processing Center.

If the diary is for program completion, follow the instructions in DI 14510.030E.

If the diary is for follow-up, contact the provider of services to determine the status of the beneficiary's participation in the program or to determine if the program ended.

2. Title XVI

When the Vocational Rehabilitation Plan (VP) diary matures for a Title XVI case, ODO receives a diary alert.

If the diary is for program completion, follow the instructions in DI 14510.030E.

If the diary is for follow-up and enough information is available on the system, contact the service provider to determine the status of the beneficiary's participation in the program or to determine if the program ended.

Otherwise, send a request for assistance by email to the servicing FO. Be as specific as possible in your request. Explain what information you need from the service provider and if you need an updated SSA-4290-F5 (Development of Participation in Vocational Rehabilitation or Similar Program). The FO transmits any documentation using the Evidence Portal's (EP) 4290 Barcode and eView.

C. Procedure when program is completed or individual stopped participating

Terminate benefits effective the month after the month of completion or the month after the month participation stopped. For example, if the VR or similar program is completed in October 2023, then payments terminate effective November 2023 (for information on the termination process, see DI 14510.030E in this section).

For Title II cases, process the medical cessation.

For Title XVI cases, send the termination flag, by email, with Subject Line: Payment Termination/Immediate Action Needed, to the servicing FO to process the medical cessation.

For both Title II and Title XVI cases,

Print a copy of the existing SSA-832 (Cessation Or Continuance of Disability or Blindness Determination and Transmittal - Title XVI) or SSA-833 (Cessation or Continuance of Disability or Blindness Determination and Transmittal - Title II) medical cessation determination.

Insert a handwritten date in item 9C showing the month and year of the termination.

Identify the entry with “VR Benefit Termination Month."

Initial the changes and upload a copy of the form into Paperless Processing Center system using the paperless fax number 1-877-385-0643 and the EP or eView.

D. Procedure when the program is not completed

If the beneficiary did not complete the VR or similar program, contact the service provider to determine the status of the program.

If the development indicates that the beneficiary is continuing participation in the program, determine if the beneficiary acquired the education, work skills, or experience that was the basis for the initial likelihood determination.

1.

If yes, determine that continued participation in the program will no longer increase the likelihood that the beneficiary will not return to the disability or blindness benefit rolls and terminate payments on this basis, see DI 14510.030E in this section.
2.
If no, review the status of the program to determine whether continued participation in the program will provide the beneficiary with the education, work skills or work experience that was the basis for the initial likelihood determination.
1. a.
  
  If yes, determine that continued participation in the program will increase the likelihood that the beneficiary will not return to the disability or blindness benefit rolls and continue payment on that basis.
2. b.
  
  If no, determine that continued participation in the program will no longer increase such likelihood and terminate payments on that basis, see DI 14510.030E in this section.

1. Continued participation increases likelihood

If the beneficiary's continuing participation in the program will increase the likelihood that they will not return to the disability or blindness benefit rolls, re-diary the case for review.

For a Title II case, use the Disability Control File (DCF).

For a Title XVI case, send a request, by email, to the FO to extend the VP diary, if necessary.

2. Continued participation will no longer increase likelihood

If the beneficiary's continued participation in the program no longer increases the likelihood that they will not return to the disability or blindness benefit rolls, terminate benefits effective the month after the month in which you make the determination.

For the termination process, see DI 14510.030E in this section.

E. Procedure for termination of Section 301 payments

1. Title II case

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Send an advance notice to the beneficiary advising of the planned termination of payments and affording due process. See Notices Required Before And After Taking A Title II Adverse Action GN 03001.015.
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After the beneficiary has an opportunity to respond, if termination is still appropriate, forward the case to the benefit authorizer for termination action.
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Send a notice to the beneficiary advising of the termination of payments per DI 14515.015 for notices.
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Update the special message field on the Master Beneficiary Record (MBR), “Section 301 benefit termination MM/YY.”
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Close the DCF annotating the Section 301 decision.

2. Title XVI case

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Send an advance notice to the beneficiary advising of the planned termination of payments and affording due process. See Notices Required Before and After Taking a Title II Adverse Action, GN 03001.015.
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After the beneficiary has an opportunity to respond, if termination is still appropriate, email the termination flag to the servicing FO and request termination.
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Close the DCF annotating the Section 301 decision.
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Send a notice to the beneficiary advising of the termination of payment per DI 14515.015 for notices.
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Place the case in Development Hold File (DHF) for 15 days.
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After 15 days, check the Supplemental Security Record (SSR) to verify that the FO deleted the VP diary.
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If the FO has not acted, send a follow-up email with the subject line "Follow-up Request Action: Section 301 Termination and VP Diary Update Needed".
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If the FO has not acted after the follow-up email, call the FO's administrative line.

Social Security

Program Operations Manual System (POMS)

DI 14510.030 Office of Disability Operations (ODO) Procedures for Section 301 Post-adjudicative Actions