Always offer rebuttal of the PMV when you find:

• •

  there is no evidence of the AV in the file;

• •

  it is not evident that the ISM has no value. (Record a determination that an item of ISM has no value following the instructions in SI 00835.060.); and

• •

  the individual does not know the value of the ISM they receive, or alleges an AV less than the PMV.

Consider offering rebuttal if after discussing expenses and contributions, there is a strong possibility that the AV may be less than the PMV (e.g., the allegation of the rental share amount alone does not exceed the PMV, there is separate purchase of food, and utilities may be included in the rent). Assume that individuals who are transients or homeless need assistance in rebutting the PMV. For details about assisting transients or the homeless, see SI 00835.060C.

NOTE: Even if it is unnecessary to offer rebuttal, advise the individual that they will be charged with ISM and explain the reason and the amount.

During the interview, advise the individual:

• •

  they are receiving ISM,

• •

  what form of ISM we are charging and the value, and

• •

  they have the right to rebut the PMV.

When the points above are not covered in the interview, either:

• •

  contact the individual by telephone, or

• •

  send the individual the appropriate rebuttal letter located in the Document Processing System (DPS) as described in SI 00835.320E in this section.

When an individual wants to rebut the PMV, explain that they have 30 calendar days to provide evidence. If the individual does not provide the evidence needed to establish the AV by the close of the 30th calendar day following the request for evidence, and has not indicated a need for assistance or more time, charge the PMV.

NOTE: If you are unable to contact the individual by telephone or face to face, mail the appropriate rebuttal notice to the claimant or Representative Payee, see SI 00835.320E in this section, for rebuttal notice information.

Follow the steps provided in “When to Offer Rebuttal” SI 00835.320B.1., and “How to Offer Rebuttal” SI 00835.320B.2., to ensure that the correct amount of ISM is being charged.

• •

  If the claimant or representative payee would like to rebut the PMV, obtain evidence as described in SI 00835.320C., that the AV is less than the PMV and document the findings on a Report of Contact page.

• •

  If the claimant or representative payee does not want to rebut the PMV, answer “No” to the “WISH TO REBUT PMV (Y/N)” question on the Household of Another page.

  NOTE: If the Household of Another page does not appear in the SSI Claim path, document the claimant or Representative Payee’s allegation on a Report of Contact page.

• •

  If the claimant or representative payee wants to rebut the PMV but there is no evidence to support their statement answer, “Yes” to the “WISH TO REBUT PMV (Y/N)” question on the Household of Another page. However, document on a Report of Contact page, “There is no evidence to support the AV is less than the PMV and the PMV will apply.”
  
  

  NOTE: Answering “No” on the Household of Another page indicates that the claims representative has offered the claimant or representative payee the opportunity to rebut the PMV, or that the AV value is not less than the PMV. No additional documentation is required.

Follow the instructions in this section to ensure that you charge the correct amount of ISM. Document the file to as needed:

• •

  If the PMV applies, show evidence establishing an AV equal to or higher than the PMV on an SSA-8006-F4 (Statement of Living Arrangements, In-Kind Support and Maintenance); or

• •

  If the individual alleged an AV higher than the PMV, complete an SSA-5002 (Report of Contact); or

• •

  If the individual was offered the opportunity to rebut and a rebuttal letter was not sent, show the source and value of the ISM, document on an SSA-8006-F4 or SSA-5002 that the individual either declined rebuttal or failed to submit evidence within the time limit.

• •

  If an SSA-8006-F4 was completed over the telephone with the claimant, annotate the remarks section with the name of the claims representative, field office number, determination, and state, “SSA-8006-F4 was completed over the telephone with the claimant. The claimant’s signature will not be required.”

NOTE: Fax and store the SSA-8006-F4 or the SSA-5002 in either eView or the Non-Disability Repository for Evidentiary Documents (NDRED) using the Evidence Portal (EP). You can access the Evidence Portal (EP) at View Evidence - Evidence Portal. Once the documentation is stored and viewed for content in either eView or NDRED by using the Evidence Portal (EP) there is no need to retain the documents.