SSA - POMS: SI 02301.235 - Failure to Provide Information (N20)

A. Policy on when to suspend SSI - N20

You may suspend Supplemental Security Income (SSI) using payment status N20 when a person fails to provide information needed to determine continuing SSI eligibility and benefit amount. After following the instructions in this section, you may suspend SSI using status N20 when the person who fails to provide the needed information is:

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a capable recipient,
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a representative payee who is the parent with custody of a minor recipient, or
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a recipient's legal guardian.

NOTE: A capable recipient or the payee must provide needed information for deemors listed in SI 01310.030 (Reporting Events in Deeming Cases). An N20 suspension may apply if a deemor fails to provide the needed information.

EXCEPTION: For a recipient who is a blind or disabled child living overseas with a member of the U.S. military (SI 00501.415), the proper payment status is N05 (not N20) when suspending SSI for failure to provide information.

B. Policy on when not to suspend SSI - N20

We do not suspend SSI using N20 when:

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the U.S. Postal Service (USPS) returns an initial written request as undeliverable and you cannot locate the person (SI 02301.240 (S06)),
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the recipient may need a representative payee (GN 00502.020) or change in payee (GN 00504.100 (S08))
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a third party not listed in SI 02305.235A such as a neighbor, household member, employer or financial institution fails to comply, or
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there is sufficient information to establish current SSI eligibility and benefit amount.

NOTE: When you are unable to confirm eligibility for a past nonpay period (that is, not payment issued), suspend SSI for the closed period using payment status N05 (SI 02301.220).

C. Policy on effective dates of suspension and reinstatement - N20

Suspension is effective the first month after management approves an N20 suspension that you can stop benefits under Goldberg/Kelly (GK) procedures (SI 02301.300).

NOTE: During the GK temporary period, the system can reduce the following month's payment automatically and issue the GK notice timely if you input the required selection in the Goldberg/Kelly Screen (DBGK) or the Goldberg Kelly page (MS 08125.015). Outside of CCE, the system can produce an online GK notice in most cases. For exceptions and manual GK notice instructions, refer to SI 02301.307.

Reinstatementis effective the first month of an N20 suspension or a later month (or earliest day in a month) that information establishes eligibility and benefit amount. See SI 02301.205 on when to take a new application to reestablish SSI eligibility for N20 and N05 recipients.

D. Procedure for providing an initial written request

1. When to provide an initial written request

Provide an initial written request each time you request new information, evidence, or an action that has not been requested before. Give 30 calendar days after the date of the request to comply.

EXAMPLE 1: You send an initial written request dated April 1 asking the recipient to call in for a redetermination. You complete the redetermination by telephone on April 24 and need evidence of wages. You send an initial written request to the recipient dated April 24 giving her through May 24 to provide the requested evidence.

EXAMPLE 2: You send an initial written request dated April 1 asking the payee to come in for a redetermination and bring evidence of wages. On April 24, the payee comes in and provides the evidence. He reports that the recipient also has income from self-employment. You hand the payee an initial written request dated April 24 which gives the payee through May 24 to provide evidence of the self-employment income.

2. How to provide an initial written request

Provide an initial written request following these steps:

STEP	ACTION
1	Complete only one of the following notices. No other notices are approved for this use. • SSA-L3074-U2 (Supplemental Security Income Notice of Appointment), SI 02305.019 • SSA-L3075-U2 (Supplemental Security Income Notice of Appointment (1619(b)), SI 02305.019 • SSA-L8202-F4-INST (Important Facts about Your Supplemental Security Income), SI 02305.020 • SSA-L8003-U2 (Supplemental Security Income – Request for Information (PE)), refer to SI 02306.020 • SSA-L8004-U2 (Supplemental Security Income – Important Information (1619(b)), refer to SI 02306.020 NOTE: You may also use eMailer to request proofs and follow up on outstanding requests for proofs, but this option does not replace the requirement to send one of the above notices by U.S. mail.
2	Address the request to the recipient or, if there is a payee, address it to the payee only.
3	Date the request the same day you mail it (or hand it to the person).
4	Fill in the due date (month/day/year) which gives the person 30 calendar days after the date of the request to comply. NOTE: The SSA-L8202-F4-INST contains preprinted language about the 30-day period. Retain a copy of the request in the Online Retrieval System (ORS). If you generate the notice outside of StaRZ and StriPEs-The Next Generation (SSTNG) or the Document Processing System (DPS), or Consolidated Claims Experience (CCE), fax a copy of the written request to the EP, if applicable.
5	Retain a copy of the request in the Online Retrieval System (ORS). If you generate the notice outside of StaRZ and StriPEs-The Next Generation (SSTNG) or the Document Processing System (DPS), or Consolidated Claims Experience (CCE), fax a copy of the written request to the EP, if applicable. NOTE:It is not necessary to fax a copy of the request to the NDRed if the StaRZ & StriPEs – The Next Generation (SSTNG) or the Document Processing System (DPS) produces the request. The Online Retrieval System (ORS) stores the request.

E. Procedure for handling undeliverable mail

If the United States Postal Service (USPS) returns a written request as undeliverable, follow the instructions as needed:

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to locate the recipient in SI 02301.240.
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to reissue the request in GN 02605.060.
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on when to consider the need for a change in payee in GN 00504.110.
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on when to pay benefits directly to an incapable recipient in GN 00504.110.

F. Procedure to follow up with non-responders

1. When to follow up

Follow up on an initial request when the person:

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does not respond within 15 calendar days after the date on the written request, or
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fails to comply with a scheduled appointment date on the written request.

Try to follow up by telephone and, if unsuccessful, follow up by mail.

2. How to follow up by telephone

Contact the person by telephone, if possible. Check the SSR/MBR and FO records for a current number Follow up if you leave a message for the person to return your call. If unsuccessful, follow up by mail. Document attempts to follow up on the Report of Contact Page or paper SSA-5002 uploaded in the Evidence Portal in non-CCE cases.

NOTE: The Development Worksheet (DW01) (MS 08122.004) lists and records follow ups on evidence.

CAUTION: Be careful not to disclose any Personally Identifiable Information (PII) about the recipient when leaving a message. Say for example, “It’s important that he call me right away.” Do not say something like, “I’m calling about his SSI check.” The fact that he is receiving a benefit from SSA is PII.

NOTE:A followup by visiting the home is optional. When considering a home visit, be alert to situations that could endanger an employee or may likely be futile. It is not necessary to document a reason for not making home visit.

3. How to follow up by mail

Follow up by mailing a written follow-up request using these steps:

STEP	ACTION
1.	Complete steps 1 through 3 in SI 02301.235D.2 in this section.
2.	Enter "SECOND REQUEST" on the notice if you generate the notice outside of SSTNG or DPS. NOTE: "SECOND REQUEST" is automatically included on the DPS and SSTNG notices.
3.	Fill in the due date on the last written request if it gives the person at least 10 calendar days left to comply. If required, extend the due date and fill in the new date which gives the person 10 calendar days after the date of the followup request to comply (SI 02301.235H.2) Change references to the 30-day period in the text to 10 days. NOTE: It is not necessary to fax a copy of the request to the EP if SSTNG or DPS produces the request. The ORS stores the request. If you generate the notice outside of SSTNG or DPS, you must fax a copy of the written request to the EP.
4.	Mark the envelope with this legend “RETURN SERVICE REQUESTED” and mail the request.
5.	If the USPS returns the mail: • with a "FORWARDING ADDRESS," complete and mail another written followup request using steps 1-4 in this chart. • as undeliverable, assume the person received the initial written request if there was no adress problem.
6.	Retain a copy of the followup request in the paper file or NDRed.

G. Procedure during personal followup contacts

During each telephone or face-to-face contact involving a request for needed information:

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Remind the person of the information we need by the due date.
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Explain to the recipient/payee that the recipient may lose other benefits based on receiving SSI such as Medicaid, food stamps, State Medicare buy-in (SMIB) and public housing if he or she does not comply with the request.
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Consider the need for a payee (GN 00502.020) if the recipient does not understand the request or the possibility of losing SSI eligibility.
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Arrange for an interpreter if the person has limited English proficiency or is hearing-impaired, refer to GN 00203.012.
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Offer to help obtain the information, refer to SI 02301.200.
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Grant more time to comply with the request if needed.
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Discuss voluntary termination if the person does not want to pursue SSI eligibility, refer to (SI 02301.230).
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Stop and mail a follow-up notice if the person is hostile or abusive, refer to GN 00203.013.

H. Procedure for extending the time to comply

1. The person needs more time

When the person needs more time to comply, grant the time if the person has a good reason for needing it. Discuss the time needed and grant:

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The number of days agreed on; or
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Another 30 days if the person is trying or willing to comply and is uncertain how much longer he or she needs.

Grant additional extensions if the person appears to be cooperating.

2. When more time is required

If the person has less than 5 calendar days to comply after a personal contact (telephone or face-to-face) or would have less than 5 calendar days to comply after the written followup request, extend the due date to:

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5 calendar days after the personal followup contact; explain the new due date to person, or
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10 calendar days after the dare on a written followup request (SI 02301.235F.3 in this section).

EXAMPLE: The recipient returns your telephone message 2 days before the period to comply ends. You explain that he has until (month/day/year that gives him 10 additional business days after the initial due date) to comply or his SSI payments may stop.

I. Procedure before suspending SSI - N20

Exhaust efforts to locate and contact recipients and obtain needed information. Contact any source you believe may have contact with the recipient or who could provide the information such as a financial institution, employer, benefit source, medical treatment source or a homeless shelter.

Develop capabilityif it appears that a recipient may not be managing benefits and meeting needs (GN 00502.020)

Consider the need for a change in payee if it appears that the payee is missing, no longer acting for the recipient or is uncooperative (GN 00501.100, GN 00504.105).

Discuss voluntary termination(N19) if a recipient, legal guardian or payee does not want to pursue SSI benefits (SI 02301.230).

J. Procedure for documenting a record and applying an N20 suspension

1. Technician documents an N20 suspension

Document N20 suspensions on the Report of Contact (DROC) screen in MSSICS (MSOM MSSICS 022.010) or report of contact (SSA-5002) uploaded into the Evidence Portal.

Document N20 Document what happened with the:

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date of the initial written request;
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date the period to comply ended (include extensions); and
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result of follow-up attempts (for example, contact on month/day/year, refused to cooperate or no response to mail on month/day/year).

Obtain approval to suspend N20 from a management support specialist (MSS) or above.

2. Management approval and application of the N20 suspension

Management must complete all of these actions section before an N20 suspension can be input.

Document approval to suspend N20 with the:

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Name and job title of the approving staff member,
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Date of the approval, and
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Month (CC) on the approval date.

Apply N20 suspension on the Payment Status page SSI (MS 08125.008) or via 1719B input in non-CCE cases, refer to SM 01305.001.

Apply N05 suspension if the recipient is a blind or disabled child of military personnel stationed overseas, refer to SI 02301.220. Refer to SI 00515.001 for failure to provide permission to contact financial accounts.

3. Management disapproval of the N20 suspension

If management disapproves the N20 determination, management will not apply the N20 suspension and return the Report of Contact page or a paper SSA-5002 to the technician with instructions for additional action.

Social Security

Program Operations Manual System (POMS)

SI 02301.235 Failure to Provide Information (N20)