Effective Dates: 11/21/2023 - Present Previous | Next

TN 87 (11-23)

SI 02305.083 Developing Marital Status - RZs

A. Introduction

This section provides procedures for developing recipient allegations of marital status during the RZ interview.

B. Description of RZs completed on MSSICS screens

Opening a “REDETERMINATION with or without RECAPs” event creates a MSSICS “path” that will guide the interviewer to the appropriate screens to document marital status allegations and evidence.

C. Description of SSA-8202-BK

There is no question on the SSA-8202-BK specifically designed to uncover marital status issues.

D. Description of SSA-8203-BK - Question 1

Question 1, on the SSA-8203-BK — Since the date above, has your marital status (or the marital status of your parents if you are a child) changed?

E. Procedure - General

Be alert to events that may affect deeming of income and/or resources. Consider potential entitlement or changes in current entitlement to other benefits that may be affected by a marriage, separation, divorce, or death.

EXAMPLE: A SSI child recipient's parent marries. The recipient may be eligible for Title II benefits under the new parent's record. This change will also require T30/T33 Start Date procedures to add the step-parent to the record.

EXAMPLE: A SSI recipient's spouse dies. The recipient may be eligible for Title II survivor's benefits on their deceased spouse's record.

Develop allegations of marital status as follows:

1. If the recipient alleges no change in marital status

If the recipient alleges no change in marital status and the information in SSA records agree, do not develop marital status further.

EXCEPTION: Recipient has an ineligible spouse who became 65, blind, or disabled during the period of review. If so, see GN 00204.010B., GN 00204.012 and GN 00204.014.

2. If the recipient alleges a change in marital status

If the recipient alleges a change in marital status or no change but the response conflicts with information in SSA records:

Document the following information on a SSA-8010-BK, the REMARKS section of a SSA-8203-BK, or a signed statement or the appropriate MSSICS screen(s):

  • •

    The type of event (marriage, divorce, separation, death) and the date it occurred, and

  • •

    Changes in countable income and resources, including the amount deemed to the recipient.

NOTE: See SI 02305.087 on developing type of residence.

F. Procedure - Marriage

Consider the recipient's potential entitlement for other benefits based on the new spouse or parent's record.

EXAMPLE: A SSI child recipient's parent marries. The recipient may be eligible for Title II benefits under the new parent's account.

1. If the new spouse is an SSI recipient

If the new spouse is an SSI recipient you must:

  • •

    Obtain a SSID.

    • •

      Document the following on Form SSA-795, SSA-8010-BK, or in the REMARKS section of the SSA-8203-BK: The type of event and the date it occurred, and changes in countable income and resources, including amounts deemed to the recipient. If conducting the RZ in MSSICS, document the appropriate detail screens.

    • •

      Convert both individuals to members of a couple per SI 00501.154, if appropriate.

2. If the new spouse is not an SSI recipient

If the new spouse is not an SSI recipient you must:

Document the following on a SSA-8010-BK, the REMARKS section of the SSA-8203-BK, a signed statement, or MSSICS screens, as appropriate:

  • •

    SSN;

  • •

    Date of birth;

  • •

    Eligibility or potential eligibility for SSI; and

  • •

    Allegations about potential eligibility for other benefits.

3. If the new spouse wishes to apply for SSI

Complete the appropriate application for SSI. T30/T33/Start Date procedures are required to add the new spouse to the record. See SI 02305.074 and SM 01801.005.

G. Procedure - Possible Holding Out

If there is possible holding out, develop per SI 00501.152B. for any month during the period of review that the recipient or the recipient's parent:

  • •

    Began living in the same household with an unrelated member; or

  • •

    Alleges “holding out” and the information is not on the SSR.

H. Procedure – Divorce or Separation

If an eligible individual and their spouse or child recipient's parents divorce or separate:

  • •

    Document the separated spouse's (parent's) income and resources from the first day of the period of review through the month of separation (the separated person's income and resources are deemed to the recipient only through the month of separation).

  • •

    Develop separation/divorce per SI 00501.150.

  • •

    Correct the record composition on the SSR.

I. Procedure - Spouse enters a Medicaid institution

If the SSI recipient's spouse enters an institution and the absence is not temporary, explain that allocations of the institutionalized spouse's income to the SSI recipient as part of the Medicaid determination must be reported. See SI 00810.120D.5. for income-counting rules which apply when an individual absent from the household provides money for the household.

J. Procedure - Death

If the recipient or child recipient's parent is widowed:

  • •

    Secure proof of death per GN 00304.001.

  • •

    Document the deceased person's income and resources from the first day of the review period through the month of death (the deceased person's income and resources are deemed to the recipient only through the month of death) per SI 01320.800C.

  • •

    Consider potential Title II eligibility as a surviving spouse, young parent, or child on the deceased person's record.

K. References

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502305083
SI 02305.083 - Developing Marital Status - RZs - 11/21/2023
Batch run: 11/22/2024
Rev:11/21/2023