An alien “receiving SSI benefits on 8/22/96” is subject to the alien eligibility rules in SI 00502.100 for months beginning on or after the first determination of alien eligibility made after that date. A notice of planned action (NPA) or other due process notice constitutes the determination. Eligibility under the prior LAPR or PRUCOL eligibility rules in GN 00303.440 and SI 00501.420, as appropriate, continues until eligibility is redetermined under the new rules per SI 00502.155D.

The following individuals are considered to have been “receiving SSI benefits on 8/22/96” :

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  recipients in current pay on 8/22/96, including payment status N01 recipients in section 1619(b) status, and

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  individuals in nonpay, suspense, and payment status E01 on 8/22/96, and

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  claimants for whom a field office (FO) input had been made on or before 8/22/96 to allow an initial claim or reverse the prior determination on a denied claim, even if the input rejected, and

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  claimants for whom a Disability Determination Service (DDS) had issued a favorable initial claim or reconsideration disability determination on or before 8/22/96, whether or not the FO had completed nondisability development or effectuated payment, and claimants for whom an administrative law judge (ALJ) or the Appeals Council (AC) had issued a fully or partially favorable decision on or before 8/22/96, whether or not the FO had completed nondisability development or effectuated payment, and

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  claimants with appeals pending after 8/22/96 on claims on which a fully or partially favorable allowance was issued on or before 8/22/96, and

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  claimants for whom a presumptive disability determination had been made on or before 8/22/96.

Aliens with claims and appeals of denied claims that do not meet the requirements in SI 00502.155B.1. are subject to the eligibility rules in SI 00502.100 for the entire period in the life of the application (SI 00601.010C.), including months before August 1996. The instructions in SI 00502.155C. - SI 00502.155F. do not apply to such cases.

THIS SECTION IS FOR HISTORICAL REFERENCE ONLY. THESE INSTRUCTIONS ARE NO LONGER APPLICABLE BECAUSE OF ENACTMENT OF P.L. 105-33 ON 8/5/97.

Type 1 cases are likely to be ineligible under the new eligibility requirements.

This group consists of all cases described in SI 00502.155B.1. with AR codes of F - L, P, R - T, and W - Z, except for refugees and asylees who will have been in status for less than 5 years in August 1997, LAPR aliens who have received title II benefits, and aliens who have received veterans benefits.

In February and March, 1997, central office (CO) will send these recipients an automated informational notice to inform them of the new eligibility requirements and to request the submission of any evidence of citizenship or eligible alien status within 90 days.

If the record is not updated to show eligibility under the new law, CO will issue a notice of planned action (NPA) with Goldberg v. Kelly due process rights and will suspend eligibility (payment status (PS) N13) in 1997. Recipients will have 10 days to request benefit continuation if they disagree with the suspension action.

Type 2 cases are likely to be eligible under the new eligibility requirements.

This group consists of all cases described in SI 00502.155B.1. with AR codes that reflect either unknown citizenship/alien status, or alien status plus an indicator of likely eligibility. This group includes:

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  unknown-status recipients with AR codes of B, D (with date of eligibility (DOE) of 1/74 - 12/81), E, U, V, and records with no code present;

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  LAPRs (codes K, S, and Y) who have received title II benefits; and

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  alien recipients in any AR code who have received veterans benefits or Department of Defense annuities.

In February and March, 1997, CO will send these recipients an automated informational notice to inform them of the new eligibility requirements and to advise them that we will be contacting them for evidence of citizenship or eligible alien status.

An A5 diary will be set on each of these cases (SI 02305.013). They diary will be associated with Type 2 cases that are selected for a redetermination in the December 1996 selection process. If a case is not eligible for redetermination selection in December 1996, it will be selected as a profile H limited issue for development of alien status. The diary also will be set on pending redeterminations, and pending limited issues that meet the criteria for an A5 diary will be selected as profile H limited issues. The A5 diary will be controlled on the Post Entitlement Operational Data Store (PE ODS) system.

As FOs encounter Type 2 recipients for redeterminations, recipient reports, or other inquiries or contacts, they should initiate development of alien eligibility under the requirements of SI 00502.100. If no such contact otherwise occurs with a recipient, FOs should initiate limited issue development no earlier than February 1997, when the notices are first mailed.

For those individuals determined to be eligible under the new rules, FOs will complete the alien eligibility determination by making the appropriate systems input and issuing the appropriate favorable due process notice. For those individuals who are not determined to be eligible under the new rules, CO will complete the determination by issuing an NPA with Goldberg v. Kelly due process rights and suspending eligibility in 1997.

By law, SSA must complete a new determination of alien eligibility for all potentially affected cases no later than 8/22/97.

Type 3 cases will remain eligible until at least August 1997.

This group consists of refugees and asylees who will have been in status for 5 years or less as of August 1997. In February and March, 1997, CO will send these recipients an automated informational notice to inform them of the new eligibility requirements and to advise them that their eligibility may end at the end of their 5-year eligibility period. (Recipients in refugee or asylee status whose first 5 years in the U.S. will end before August 1997 will be selected for inclusion with Type 2 cases described in SI 00502.155D.2.)

Further POMS instructions will be issued later on processing of Type 3 cases.

THIS SECTION IS FOR HISTORICAL REFERENCE ONLY. THESE INSTRUCTIONS ARE NO LONGER APPLICABLE BECAUSE OF ENACTMENT OF P.L. 105-33 ON 8/5/97.

If a recipient responds to the informational notice or otherwise is in contact with the FO, process the response as follows:

If a Type 3 recipient responds to the informational notice or otherwise contacts the FO, ask the recipient if there has been any change in their immigration status.

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  If no, ask whether the recipient meets the eligibility requirement as an active duty member or veteran of the U.S. Armed Forces or as the spouse (including an unremarried widow or widower) or dependent child of such a member or veteran (SI 00502.100D.5. - SI 00502.100D.8). Develop eligibility under that requirement per SI 00502.140C. - SI 00502.140E. If eligibility is determined, issue a manual notice per SI 00502.410A. Control the case on the MDW per TC 29001.030.

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  If yes, and the recipient has become LAPR, develop LAPR status per SI 00502.110 - SI 00502.110.115. Ask whether the LAPR recipient meets the 40 QQs eligibility category (SI 00502.100D.4.), and develop eligibility under that requirement per SI 00502.135. If eligibility is determined under the 40 QQs requirement, issue a manual notice per SI 00502.410A. Control the case on the MDW per TC 29001.030.

THIS SECTION IS FOR HISTORICAL REFERENCE ONLY. THESE INSTRUCTIONS ARE NO LONGER APPLICABLE BECAUSE OF ENACTMENT OF P.L. 105-33 ON 8/5/97.