SSA - POMS: VB 00201.100 - Preparation of Notices

A. General

All SVB notices are manual notices and will be available through FONS at a later date. Until then, use Exhibit 1 and language provided in VB 00201.200.

B. Procedure – Withdrawal Filed After SVB Paid – Request Refund

Use Exhibit 1 and include paragraph #4 and, if necessary, paragraph #5 to request refund of all SVB paid. The appeals paragraph is not applicable and should not be included in the notice.

C. Procedure – Withdrawal Approved

Use Exhibit 1 to advise of the withdrawal approval. The contents of the notice will depend on the status of the SVB application at the time the withdrawal is approved:

1. Qualification Determination Pending

Include paragraph #1 to inform the individual that the withdrawal request has been approved and entitlement for SVB has not been determined. Include paragraph #3 to advise the individual of the 60-day period to cancel the withdrawal. The notice should not contain the appeals paragraph.

2. SVB Qualification Determination Made/SVB Entitlement Not Yet Established (claimant's 4-calendar months for establishing foreign residency not expired)

Include paragraph #1 to inform the individual that the withdrawal request has been approved and entitlement to SVB has not been determined. Include paragraph #3 to advise the individual of the 60-day period to cancel the withdrawal. Include the appeals paragraph and SSA Pub. 05-10058, “Your Right to Questions the Decision Made on Your Social Security Claim” only if a notice of SVB qualification has already been sent to the individual.

3. SVB Entitlement Determination Made/No SVB Benefits Yet Paid

Include paragraph #2 to inform the individual that the withdrawal request has been approved and SVB payments will not be sent. Include paragraph #3 to advise the individual of the 60-day period to cancel the withdrawal. Include the appeals paragraph and SSA Pub. 05-10058, “Your Right to Question the Decision on Your Social Security Claim” if a notice of SVB qualification has already been sent to the individual.

4. SVB Qualification Determination Made/SVB Entitlement Established and Benefits Paid/Benefits Refunded

Include paragraph #6 to inform the individual that the withdrawal request has been approved since SVB payments have been paid back and, if applicable, no further SVB will be paid. Include paragraph #3 to advise of the 60-day period to cancel the withdrawal. Include the appeals paragraph and SSA Pub. 05-10058, “Your Right to Questions the Decision on Your Social Security Claim.”

D. Procedure – Conditional Withdrawal Approved

Use Exhibit 1 to inform the individual that the conditional withdrawal has been approved. Provide language to:

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Explain the condition upon which the withdrawal request is predicated;
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Provide a statement that the withdrawal is being approved on the assumption that this condition will occur;
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Explain that it is the claimant's responsibility to notify SSA if the conditions of the withdrawal request are not realized; and,
•

Explain that he or she must contact SSA to cancel the withdrawal.

Do not include the appeals paragraph in conditional withdrawal approval notices.

E. Procedure – Withdrawal Not Approved

The disapproval of a withdrawal is an appealable determination. Include the appeals paragraph and SSA Pub. 05-10058, “Your Right to Questions the Decision on Your Social Security Claim” in all notices that advise an individual that his or her withdrawal request was not approved. Notice preparation and contents depend on the status of the SVB application.

1. SVB Qualification Not Yet Determined

Do not send a separate notice to advise the individual that the withdrawal request was not approved. This information will be included in the qualification notice.

2. SVB Qualification/Entitlement Determined – Individual Notified

Use Exhibit 1 to advise the individual that the withdrawal request has not been approved and include an explanation why.

F. Procedure -- Cancellation of Withdrawal Request Approved

1. SVB Qualification/Entitlement Not Yet Determined

Do not send a separate notice to advise the individual that the withdrawal cancellation request was approved. Subsequent notification of qualification, entitlement or disallowance to SVB is sufficient notification of our determination.

2. SVB Entitlement Decision Has Been Made

Use Exhibit 1 and include paragraph #7 to advise the individual that his or her former withdrawal request has been cancelled and SSA's decision made on the original SVB claim is reaffirmed.

3. SVB Qualification Notice Has Been Sent — Individual Has Not Yet Established Foreign Residency

Use Exhibit 1 and include paragraph #8 to advise the individual that foreign residency is an SVB entitlement factor and provide the date he or she must begin residency outside of the U.S. in order to receive SVB payments.

G. Procedure -- Cancellation of Withdrawal Request Not Approved

1. Notice on the Withdrawal Request Not Yet Released

A separate notice to explain the disapproval of the withdrawal cancellation is not necessary. This information can be included in the notification of the decision on his or her withdrawal request.

2. Notice on the Withdrawal Request Already Released

Provide language on Exhibit 1 to explain why the cancellation of withdrawal request was not approved.

Social Security

Program Operations Manual System (POMS)

VB 00201.100 Preparation of Notices