Technically, the MCS-generated application and the paper form are “supplemental” applications since the claimant has already filed a Title II application by virtue of filing the Title XVI application. The information obtained on MCS or the paper form merely supplements the relevant Title II information contained on the Title XVI application. MCS must be used to complete the supplemental Title II and/or to adjudicate the open Title II application unless one of the exclusions in MCS 004.002 applies (See SM 00380.500).

This policy applies to all Title XVI applications (including abbreviated applications), even if the claimant is already receiving another class of Title II benefits (for example, the claimant is receiving disability benefits and subsequently files for Title XVI benefits and is found to be eligible for Disabled Widow’s Benefits (DWB).

If an open application is discovered after the Title XVI award or denial notice was issued, the first option (i.e., issuing a blanket adjudicative paragraph) cannot be used. A Title II application must be completed and adjudicated per GN 00204.027D. An open application is applicable for all classes of Title II benefits, regardless of whether the individual was entitled to the benefits at the time the open application was filed. When an open application exists and a person subsequently becomes eligible for a class of benefits, the first month the person becomes eligible for the Title II benefit is the month of entitlement for Title II and the date of the open application is the filing date of the subsequent application.

No applications were filed with the Social Security Administration (SSA) in welfare cases converted to SSI in 1/74. Therefore, “welfare conversion “cases cannot result in an open Title II application. Welfare conversion cases can generally be recognized by the unique filing dates of 7/4/73 and 1/1/74, the presence of state grant amount (GA) and a dollar amount in the conversion segment identifier (CONV) line on the Supplemental Security Income Display (SSID). In these cases, the claimant can only become entitled to Title II benefits if they file a Title II application. However, the filing date may be protected by a redetermination. See GN 00204.015 for treating a redetermination as a Title II protective writing.

There may be instances where it appears that a federal Supplemental Security Income (SSI) application may have been filed prior to 1/1/74. Unlike conversion cases, where an SSI application was never filed, these cases will not have any information in the CONV line on the SSID. Also, although these cases were filed prior to 01/01/74, these cases could not be adjudicated until 01/01/74, the date the SSI program was implemented. Interviewers should follow the instructions in GN 00204.027B.2. to determine if the Title II application is open or has been adjudicated.

Assume that the Title II claim was NOT adjudicated unless you have evidence to the contrary. Evidence to the contrary may include (but is not limited to):

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  a Master Beneficiary Record (MBR) indicating that a Title II claim was adjudicated and/or a MCS record that shows a Title II claim was filed and denied (i.e., a disallowance notice was issued) but was not updated to the MBR,

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  the notice data (NOTC) field of a SSID query where the notice history shows that either paragraph 1598 or 1599 was issued (see SM 01601.670 for information on the NOTC field),

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  a copy of a notice on the Online Notice Retrieval System (MSOM ORS 003.001-1) that shows either paragraph 1598 or 1599 was issued (see NL 00804.245 for paragraph 1598 language; paragraph 1599 was replaced by paragraph 1598 in January 1991, but contained similar language),

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  a copy of a manual Field Office (FO) or Disability Determination Service (DDS) notice that includes either paragraph 1598 or 1599, or

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  a copy of a Title II denial notice resulting from a Title II application that was filed after the SSI application but the denial was never updated to the MBR.

If you determine that a prior Title II application is no longer open based on any item on this list other than the first bullet, be sure to document the Modernized Supplemental Security Income Claims System (MSSICS) or the SSID through the Report of Contact (DROC) screen in MSSICS or the Remarks field on the SSID. Be sure to indicate why an open application is not being pursued to avoid duplicate development in the future. This is particularly important when your decision is based upon any of the following:

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  a previous Title II denial notice that is not posted to the MBR, or

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  an indication of paragraph 1598 or 1599 in the NOTC field of the SSID since this field can only house the five most recent notices sent. As a result, the entry showing paragraph 1598 or 1599 may not be available at a later date, or

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  a notice stored in the Online Retrieval System (ORS), since these notices are only retained for 7 years.

From 12/1/98 to 4/17/02, the Program Operations Manual System (POMS) permitted adjudicators to assume that the Title II aspects of a SSI claim were adjudicated in certain cases through the release of the blanket paragraph as noted in the chart below:

The use of these developmental assumptions (which included the input of closeout indicator (CLST) in the case characteristics code (CG) field for the period 10/1/86-5/94) was effective with the 12/98 POMS release and was discontinued in 4/02 after coding problems on the Social Security Record (SSR) were discovered. The coding problems have not been fully resolved and therefore, provide misleading information in some cases.

To determine the SSI adjudication date, adjudicators should use the date in the Initial Decision Date (IDD) field found in the Record Data (RCRD) segment of the SSID. If there is a start date record, prior records should be obtained. The date in the IDD field on each prior record is the adjudication date for the application to which that record applies. A start date record can be identified by the code **88888C in the IDD field.

If the adjudication date cannot be obtained from the entry in the IDD field on the SSR (or from other evidence such as is shown in GN 00204.027B.1.), adjudicators must use the date of filing of the SSI application (which is readily available) to make an assumption as to whether Title II was adjudicated.

See GN 00204.027B.3. before reopening any Title II determinations made from 12/1/98 through 4/17/02 where a prior open application may have been an issue.

Adjudicators may encounter situations where a Title II determination made after the date of the SSI application did not consider an open Title II application. Before reopening the Title II determination to establish an earlier month of entitlement date based on the open application, consider whether the determination was correct based on the POMS instructions in place at the time it was made using the following bullets as a guide:

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  If a Title II determination was made at any time from 12/1/98 through 4/17/02 and the adjudicator assumed that no earlier open application existed, that determination was correct when made based on the POMS in place at the time (provided the earlier SSI claim was adjudicated after 9/30/86). The determination is not subject to reopening based on error on the face of the evidence. Reopening may be possible based on one of the other Title II administrative finality rules. See GN 04001.010, GN 04010.030 and GN 04020.080 for the policy on reopening within 1 year, 4 years and unrestrictive reopening respectively. For example, if you receive new evidence to indicate possible entitlement at the time of the prior Title II determination and no more than 4 years have elapsed since the date of that determination, reopening may be possible per GN 04010.030. In a case involving attainment of insured status, reopening may also be possible per GN 04020.070.

  EXAMPLE: A claimant began receiving SSI benefits at age 20 in 6/97. Their parent died in 1/99; they contacted SSA in 12/00 to file for child's benefits. No redeterminations were conducted between 6/97 and 12/00. The FO assumed (per the POMS in place in 12/00) that the earlier Title II claim (based on the Title XVI application) had been adjudicated and awarded child's benefits back to 6/00. At the time of the Title II determination (12/00), the POMS said to assume the Title II aspects of the earlier SSI claim (adjudicated after 9/30/86) had been adjudicated. Therefore, the 12/00 determination was correct when made based on the POMS in place at the time and is not subject to reopening based on error on the face of the evidence.

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  Prior to 12/1/98 and again after 4/17/02, POMS said to assume the Title II aspects of an earlier SSI claim had not been adjudicated (regardless of when the SSI claim was adjudicated). Therefore, all Title II determinations made during those periods should have considered an earlier open application. If they did not and an open application existed, they are subject to reopening at any time based on error on the face of the evidence (GN 04020.080).

  Reopen the Title II determination (if possible, under the rules of administrative finality) if the Title II application was adjudicated incorrectly (e.g., Title II entitlement existed but was overlooked when the Title XVI application was processed or lag earnings were not considered). See GN 04001.010, GN 04010.020 and GN 04020.080 for the policy on reopening within 1 year, 4 years and unrestrictive reopening respectively.

  EXAMPLE: A claimant began receiving SSI benefits at age 20 in 6/89. Their parent died in 1/96; they contacted SSA in 12/97 to file for child's benefits. The FO awarded child's benefits retroactively to 6/97. At the time of the Title II determination (12/97), the POMS said to assume the Title II aspects of the earlier SSI claim had not been adjudicated (even though the process of generating an adjudicative paragraph by coding CLST in the CG field of the SSID was in place from 10/86-5/94). Therefore, unless there is evidence to show that the 6/89 Title II claim had been adjudicated previously, the 12/97 Title II month of entitlement (MOE) determination is subject to reopening and revision based on error on the face of the evidence (provided the requirements in GN 04020.080 are met).

  NOTE: When Title II was properly adjudicated based on the filing of the Title XVI application, consider whether a later Title XVI redetermination (RZ) can establish a protective filing date for Title II benefits. See GN 00204.015 for when a redetermination (RZ) serves as a protective filing for Title II benefits.

Determine the claimant's potential entitlement to any Title II benefit (including benefits on another Social Security Number (SSN) such as a widow, child (e.g. DAC) or parent).

If the claimant is now deceased and was not eligible for any class of Title II benefits at any time between the date of the open application and the present (even after considering lag earnings and obtaining a certified earnings record per SI 00601.035), take no further action. Annotate MSSICS or the SSR (if possible) to explain that no action is being taken. No notice is required.

If the claimant is deceased but was potentially eligible for a Title II benefit based on the open application, processing will depend on whether the information in file is sufficient to award Title II benefits and an eligible person can be located to receive an underpayment (U/P) (see GN 02301.030). Send a notice patterned after NL 00703.743 to the claimant’s last known address, estate or person(s) eligible to receive the (U/P).

Follow the procedure below to obtain and adjudicate a supplemental Title II application using alternative signature methods, when applicable. Appropriate notices will be generated by the system.