Effective Dates: 01/10/2024 - Present Previous | Next

TN 49 (01-24)

SI 00502.303 Aliens Whose 7-year Period Expired October 1, 2008, or Later (Case in Current or Force Pay)

Follow these procedures if SSA reinstated the alien’s payments per SI 00502.301D.2. or SI 00502.301D.3. to determine if the alien is eligible for the benefit extension as provided in P.L. 110-328. See SI 00502.301, Supplemental Security Income (SSI) Extension for Elderly and Disabled Refugees Act.

A. Procedures for developing eligibility for an extension

Some of these aliens will be in payment status M02 and some will be in payment status C01, depending on when their 7-year period ended. The development steps for both groups are the same.

1. Contact the alien

a.

Send an SSA-L8003 (Supplemental Security Income Request for Information) to contact the alien and arrange to have them submit the documentation not obtained at the time of reinstatement, including medical information if appropriate. Use the following language as a guide:

“We previously told you we would stop your SSI payments at the end of your 7-year period of eligibility. Congress passed a law extending the 7-year period to 9 years for some people, or longer for those who have a pending application for naturalization but have not yet attained citizenship. We continued your benefits because you might be eligible for the extension. We now need to verify that you meet all the criteria for the benefit extension. Please call our office to schedule an appointment. The phone number is at the top of this letter. When you come in, please bring your immigration documents or citizenship application receipt and this letter with you.”
b.

Send a follow-up request after 15 days. Process the follow-ups according to the guidelines in SI 02306.020, and ask the alien to respond within 30 days.
c.

Suspend benefits using N13 effective with October 1, 2008, (or the reinstatement date if it is later than October 1, 2008) if the alien does not respond after 30 days (if non-MSSICS and in M02, force to zero),
d.

Process any overpayment under current guidelines in SI 02201.005

2. Verify extension eligibility

Review the AR field in the Supplemental Security Record (SSR) PRSN segment and any other relevant immigration documentation to determine the alien’s eligibility for the benefit extension. If the AR field is not is “J”, “X”, “F”, “L”, or “3”, the alien is NOT eligible for the extension. Update the AR field if it is incorrect.

Be alert to situations where the record is miscoded.

3. Verify citizenship status

a. Extension rules

The extension does not apply to current U.S. citizens because they are not subject to the 7-year eligibility period affected by this law. Therefore, if the alien attained citizenship prior to October 1, 2008, they are not eligible for the three year extension and must file a new application.

b. Alien is a citizen

If the alien is now a citizen

•

verify per GN 00303.300,
•

conduct an a redetermination per SI 02305.022, and determine whether benefits are payable from October 1, 2008, on,
•

record the citizenship data on the Alien Data (AALN) screen if the case is in MSSICS, or T33 and start date the record via an SSA-450S and code the AR field is “C” if the case is not in MSSICS, and

•
resume benefits under current guidelines in SI 00501.400.
- If the alien is ineligible prior to becoming a U.S. citizen, consider the ineligibility period as an overpayment and process in accordance to SI 02201.005. Payments will resume when the alien re-attains eligibility.
- If the alien is not a citizen, follow the procedures in SI 00502.303A.3.c. in this section to determine if the alien qualifies for the three year benefit extension.

c. Alien alleges having a pending citizenship application

If the alien alleges having a pending citizenship application, verify the status of the application as follows:

1.

Obtain the original DHS Form I-797 C, (Notice of Action) which is the receipt for the naturalization application. The I-797 C must contain the Notice Date, Case Type, USCIS Alien file number (A#), Application Number, application Received Date and Priority Date. The notice must show the case type as “N-400 Application for Naturalization.”
2.

Technicians may accept other official correspondence from the United States Citizenship and Immigration Service (USCIS) as proof if it contains a receipt number, the A-file number, date application received, and provides details on the status of the application.
3.
Query Case Status Online (CSOL) to verify the DHS Form I-797:
- •
  
  Enter the receipt number (labeled “application number” found in the upper left corner of the I-797, third row down) in the current case status block. The receipt number is a 13-character number (a 10-digit number preceded by a three letter code).
- •
  
  Input the entire letter-number combination as shown on the receipt.
4.
The online response highlights one of the following application statuses:
- •
  
  Acceptance
- •
  
  Initial Review
- •
  
  Request for Evidence
- •
  
  Testing and Interview
- •
  
  Decision
- •
  
  Post-decision Activity
- •
  
  Document Production or Oath Ceremony
  
  a.
  
  document the Evidence Screen (EVID) screen with the appropriate statement, (for example, “Citizenship application or swearing in ceremony pending”), the pending application date, the receipt number, the action code, and the A-file number, and
  
  b.
  
  continue with the procedures in SI 00502.303A.5.in this section.
  
  NOTE: These statuses indicate that the citizenship application is pending or may be “in suspense” while USCIS reviews another matter. Treat the citizenship application as if it is still pending, even if the USCIS temporarily suspended development.
5.
If the online response returns a reply showing “Your case cannot be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Number at 1-800-375-5283” this indicates that the USCIS may have rejected the application for one of the following reasons:
- •
  
  incorrect application fee submitted,
- •
  
  application not timely filed,
- •
  
  applicant does not meet the 3 or 5 years minimum LPR requirement, or
- •
  
  applicant filed more than 3 months prior to meeting the residency requirements, or
- •
  
  it’s been only ten business days or less since the applicant filed and the application has not been logged onto the USCIS CSOL system.
- •
  
  there is no record of filing, or the receipt may be counterfeit.
- •
  
  If less than ten days elapsed since filing, obtain a copy of the I-797 or input the information shown in SI 00502.303A.3.c.1. in this section onto the Evidence Screen (EVID) screen to verify at a later time.
- •
  
  If ten days or more elapsed since filing, continue with the procedures in SI 00502.303A.4. in this section to determine if the alien qualifies for the two year benefit extension.

If the alien does not allege having a pending citizenship application, to determine if the alien qualifies for the two-year benefit extension, follow the procedures in SI 00502.303A.4. in this section.

4. Verify alien status and obtain the good faith declaration

If the alien has not filed for citizenship, does not have an I-797, or you cannot verify that the citizenship application is pending via the USCIS website:

a.

Advise the alien that SSA can pay them for up to two additional years (but no later than September 30, 2011), if they sign a good faith declaration to pursue U.S. Citizenship and meets one of the eligibility factors for the benefit extension. To determine eligibility, see SI 00502.301A.
b.
Check the AR field in the PRSN segment on the SSR.
- •
  
  If the AR field is “X”, the alien was admitted as a Cuban/Haitian and may be eligible for the benefit extension. For the definition of Cuban/Haitian for SSI purposes, see SI 00502.108.
- •
  
  If the AR field is “J”, “F”, “L”, or “3”, query SAVE to determine if the alien’s status was adjusted to LPR. If the SAVE query does not provide verification, and the alien alleges adjustment to LPR, institute secondary verification with DHS by following procedures in SI 00502.115.
c.
Determine if the alien meets LPR time frames
- •
  
  If the alien has been LPR for fewer than 6 years as of October 1, 2008, and has not had that status rescinded, they may be eligible for the extension.
- •
  
  If the alien filed for adjustment to LPR within 4 years of the date they began receiving SSI and such status is pending, they may be eligible for the extension.
- •
  
  Document the Evidence Screen (EVID) screen with “Good Faith Established”, the LPR adjustment or pending adjustment date, and the A-file number.
d.

Explain the provisions of the Kaplan class action settlement in SI 00502.301C.5. to the alien You may also give the alien the Internet address for USCIS , which is www.uscis.gov/portal/site/uscis .
e.
Check the date of birth on the SSR
- •
  
  If the alien is under age 18 as of October 1, 2008, they may be eligible for the extension and are not required to sign the good faith declaration.
- •
  
  If the alien is 18 or older as of October 1, 2008, they must sign the good faith declaration.
f.

Print the good faith declaration from Forms Inventory Control System (FICS) , read the declaration to the alien and have them sign it. Electronic versions of the SSA-795 are acceptable if a MSSICS file is open and you copy the language onto the Person Statement (DPST) screen.
g.

Explain the necessity for the declaration using this language: “You must be trying or plan to become a U.S. citizen to get the 2-year extension. If you can’t qualify for citizenship now, you must be planning to become a U.S. citizen if and when the law allows you to do so. If you do not sign this statement for any reason or you cannot sign the statement because you are not planning to become a U.S. citizen then we will not be able to pay you the benefits for the two additional years.”
h.

Fax the form into the appropriate repository (eDIB or NDRED) along with a copy of the immigration document. Return the originals to the person.
i.

If the alien qualifies for the two-year benefit extension, continue with the procedures in SI 00502.303A.5. in this section. If the alien does not qualify for the two year benefit extension, stop their benefits as of the date alien status is no longer met, whether such status was effective with October 1, 2008, or the date of reinstatement or continuance date. See the procedures in SI 00502.303A.7. in this section. Process any overpayment using current guidelines in SI 02201.005.

5. Develop other non-medical evidence if needed

Assume the person meets other eligibility factors, unless there is evidence to the contrary (i.e., excess income, resources, not an eligible alien) or a non-medical review is needed for some other purpose (e.g., attainment of age 18 – non-medical redetermination required.)

6. Determine if medical review is needed

a.

Assume the alien remains disabled absent evidence to the contrary. Allow any CDRs to mature as they come due. Do not initiate a CDR until it is released to the DCF.
b.
If the alien was eligible as a disabled child (DC) and is now over age 18, continue payments and initiate the age 18 redetermination.
- •
  
  Establish age 18 Redetermination on DCF, per MSOM CDR 001.016.
- •
  
  Locate the Comparison Point Decision (CPD) folder containing medical records for the last favorable medical decision.
- •
  
  Obtain an SSA-3368 and sufficient SSA-827s.
- •
  
  Establish EDCS eCDR and transfer to the DDS. See DI 81010.230.

When DDS makes a disability determination, process as any other CDR. Continue or cease payments effective with the medical cessation date as appropriate.

7. Systems processing

MSSICS Case in C01:

•
Update the Alien Status (AALN) screen with the time limited extension information as follows:
- When page 3 of AALN enters path, if the claimant is age 18 or over as of 09-30-08, and may be potentially eligible for an extension, answer COLLECT TIME LIMITED INFORMATION is Y.
•
Follow the progression of questions as they appear on the screen. Answer each according to relevance. Continue through the MSSICS path and then build to the SSR:
- If the claimant is eligible for an extension based on the answers and dates contained within page 3 of AALN, the system will built the appropriate AER (Alien Eligibility Reason) value to the SSR. This value will control the extension eligibility period, allowing the system to properly identify when the claimants extension period would end.
- If the claimant is NOT eligible for an extension based on the answers or dates contained within page 3 of AALN, the system will build the appropriate Pay Status of N13.
•

Notices should be suppressed when building to the SSR, and a manual notice generated.

MSSICS Cases in M02:

•

When page 3 of AALN enters path, if the claimant is age 18 or over as of 09-30-08, and may be potentially eligible for an extension, answer COLLECT TIME LIMITED INFORMATION is Y.
•

Follow the progression of questions as they appear on the screen. Answer each according to relevance. Continue through the MSSICS path and then build to the SSR:

If the claimant is eligible for an extension based on the answers and dates contained within page 3 of AALN, the system will build the appropriate AER (Alien Eligibility Reason) value to the SSR. This value controls the extension eligibility period, allowing the system to properly identify when the claimants extension period would end.

If the claimant is NOT eligible for an extension based on the answers or dates contained within page 3 of AALN, the system will build the appropriate Pay Status of N13.

Non-MSSICS Case M02:

Day one:

•

Terminate the record if eligible for the extension, move to day 2
•
If not eligible for the extension:
- –
  
  M02 to zero for the appropriate dates.
- –
  
  Place REMARK on SSR with details of denial
  
  Example: Denied N13. Retroactive to MMDDYY.
  
  Leave all prior P.L. remarks for future reference.
- –
  
  Develop overpayment if necessary

Day two:

•

• Use CCM as start date
•

Enter correct ZX field value (AER code) that corresponds with conditions of reinstatement.

•

After the system establishes the start dated record, seed the case into MSSICS.
•

Update the Alien Status (AALN) screen with the time limited extension information.

If the alien is eligible for the benefit extension, the system will establish the SSR with an AER (Alien Eligibility Reason) value to control for the extension. The system will put the case into N13 at the end of the claimant’s extension period.

NOTE: If the appropriate AER code is not entered, the alien may not appear eligible for the benefit extension; the system would then build the appropriate status of PSY N13

B. Additional Tools for Alien Extension processing

1.

To access systems instructions, link to:

EM-09064 Systems Changes to Automate the SSI Extension for Elderly and Disabled Refugees Act ; - 09/24/2009.
2.

Technicians also have access to the “Hot Topics ” page in PolicyNet.
3.

A special mailbox created to field questions to OPSOS or OISP:

^DCO SSIAlien Extension Act Help

C. Manual notice

If the alien does not qualify for the benefit extension, issue a manual denial notice on a SSA-L8155 Notice of Planned Action. Add an additional sub-paragraph under the caption, “Alien Categories.” Use the following language:

“12. Aliens who are eligible under the law entitled, “The SSI Extension for Elderly and Disabled Refugees Act.” This law temporarily extends the 7-year eligibility limit for certain refugees, asylees, and other humanitarian aliens, to a maximum of 9 years during the period October 1, 2008, through September 30, 2011. Aliens whose naturalization application are pending or received a notice to appear at a naturalization ceremony are exempted from the 7-year eligibility limitation during this time period.”

If you deny the claim because the individual is not making, or does not wish to make a good faith effort to pursue citizenship, add the following language:

“You are no longer eligible to receive SSI based on the Extension for Elderly and Disabled Refugees Act because you do not have a pending application for naturalization with the U.S. Citizenship and Immigration Services (USCIS), or you chose not to pursue U.S. citizenship.”

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500502303

SI 00502.303 - Aliens Whose 7-year Period Expired October 1, 2008, or Later (Case in Current or Force Pay) - 01/10/2024
Batch run: 01/10/2024
Rev:01/10/2024

Social Security

Program Operations Manual System (POMS)