In certain initial claims situations, SVB claimants receive two initial determination
notices. The qualification notice is sent first and advises that the claimant meets
the general qualification requirements for SVB and that he/she must establish residence
outside the United States in four months in order to receive SVB payments. (If the
qualification requirements are not met, only one notice is sent.)
The subsequent award or denial notice advises the claimant whether or not SVB payments
can actually be made depending on whether residence abroad has been established timely.
The later notice (if an award notice) shows the amount of the SVB payment and any
other benefit income used to reduce the payment.
If the rules of administrative finality come into play in situations where two claims
notices were sent, the notice used to establish the time for reopening/revision would
depend on the particular issue involved.
Generally, use the date of the notice of qualification to determine the period for
reopening when evidence indicates that an SVB recipient who received such a notice
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was not age 65 before 12/14/99; or
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failed to meet the WWII military service requirements; or
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was not SSI eligible in 12/99; or
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was not SSI eligible in the month of filing; or
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had other benefit income that would have prevented him or her from qualifying for
SVB payments; or
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failed to qualify for SVB under the provisions of PL 106-169 relating to deported
aliens, fugitive felons, parole and probation violators and alien residents of a Treasury
barred country.
b. Notices of Award or Denial
In most other situations involving dual initial claims determinations, the date of
the later award or denial notice should be used to establish the period for reopening/revising
the initial claims determination. This includes determinations involving:
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residence outside the United States;
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the amount of an SVB payment;
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the amount of other benefit income used to reduce an SVB payment.
NOTE: Questions regarding the correct initial determination to use in dual determination
claims for administrative finality purposes can be referred to the appropriate regional
office support staff.