Effective Dates: 03/21/2025 - Present Previous | Next

Basic (03-25)

GN 01090.001 Title II Prerelease Procedures

A. Background

The Social Security Administration's (SSA) prerelease procedure helps institutionalized individuals, who are ineligible for Supplemental Security Income (SSI) and/or precluded from receiving Title II benefits, begin receiving benefits shortly after they reenter the community. The purpose is to promote deinstitutionalization, prevent homelessness, and reduce recidivism.

The prerelease procedures make it easier for individuals who would be entitled to Title II benefits post-release to receive benefits shortly after their release. The procedures streamline the application process, and allow SSA to take and process benefit applications for an institutionalized individual before their anticipated release. SSA can make a prospective determination of potential eligibility and payment amount based on the individual’s anticipated circumstances upon release.

For information regarding SSI pre-release procedures and instructions for model agreements that would apply to both programs see SI 00520.900 through SI 00520.930 .

B. General prerelease procedures

1. Timeframes for processing prerelease initial claims

Obtain a statement from the institution with the approximate date the individual will be released. Record the statement on a Report of Contact (RPOC) screen. Apply the prerelease procedure to claims using the following timeframes:

a. Claimants housed in non- Federal Bureau of Prisons (BOP) institutions

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    Apply prerelease procedures for disability claims when the individual’s release date will be within 30 days of the estimated time for getting a medical decision from the Disability Determination Services (DDS). For example, if the DDS processing time averages about 90 days, the field office (FO) can take the claim 120 days before the scheduled release date of the claimant.

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    Apply prerelease procedures for retirement and survivor claims (RSI) when the individuals release date will be within 30 days.

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    Any application submitted outside the parameters of the prerelease time frames should be processed without using prerelease procedure.

See the following references for processing  Title II claims as confinement is not a factor of entitlement: Disability Insurance Benefits (DIB) DI 10105.005, Disabled Widow(er)’s Benefit (DWB) DI 10110.001, Childhood Disability Benefit (CDB) DI 10115.001, Retirement Insurance Benefit (RIB) RS 00201.001, Spouse Benefit RS 00202.001, Child’s Benefit RS 00203.001, Widow(er)'s Insurance Benefit (WIB) RS 00207.001, Mother's/Father's Benefit RS 00208.001 and Parent's Benefit RS 00209.001. 

Note: 

See subsection C in this section for more information on processing reinstatements.

b. Claimants housed in BOP institutions

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    Apply prerelease procedures to disability claims received within 120 days prior to the individual’s scheduled date of release from BOP custody or 120 days prior to the home confinement placement date

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    Apply prerelease procedures to RSI claims received within 30 days prior to the individual’s scheduled date of release from BOP custody or 30 days prior to the home confinement placement date.

Note: 

Process an application under the prerelease procedure without regard to whether an agreement exists with the institution.  For more information about prerelease agreements that applies to both Title II and SSI programs, see SI 00520.910. For non-BOP claims please see the model agreement in SI 00520.930.

Note: 

These timeframes do not apply to reinstatement of benefits.  Technicians can begin development appropriate to reinstatements close in time to the individual’s release date.  See subsection C in this section for more information on processing reinstatements.

2. Referral process

a. Upon receipt of a prerelease referral

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    Determine if the individual will need an initial claim filed or a reinstatement can be initiated upon release.

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    Obtain all information and forms required for the action type - an initial claim or a reinstatement.

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    Obtain a signed release from the individual allowing the FO to discuss the case with the institution's staff. Use the form SSA-3288 (Consent for Release of Information) for all prerelease claims. For BOP claims use the form in SI 00520.930, Exhibit 3.

Note: 

Add completed forms and referrals to the Evidence Portal (EP) for RSI claims and eView for disability claims. 

b. Specific information required in prerelease SSA-3288 for non-BOP claims.

For non- BOP claims, the FO technician should instruct the individual when completing form SSA-3288 to:

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    List the name of the institution and its address under “NAME” and “ADDRESS” on the Form SSA-3288 as authorized to receive information from SSA about the individual. 

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    Check the “other Social Security record(s)” box under the categories of information SSA is authorized to release and specify authorization for SSA to release information about the individual’s application, reinstatement, or change in address, whichever is applicable to the institution (e.g., "Any information about my application including the status and/or decision. I consent to the release of this information for no more than 120 days after the date of this consent.").

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    Complete the other sections of the form. See GN 03305.003.

3. Developing proper applicant or representative payee in prerelease claims

If the institution files on behalf of the individual, determine who the proper applicant is and, if necessary, develop for representative payee. See GN 00204.003, GN 00502.001 and GN 00502.

C. Processing prisoner reinstatements under prerelease

We cannot reinstate Title II benefits until after the institution releases the prisoner. However, the FO and the institution should do prerelease development appropriate to reinstatements so we can reinstate benefits more quickly after the prisoner’s release

For example, the FO can:

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    provide the institution with information about what documents the FO needs to process a reinstatement;

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    set up an appointment for an interview shortly after the release; and

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    encourage close cooperation between the institution, the prisoner, and the FO to avoid unnecessary delays.

The institution can:

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    provide the FO with the prisoner's new address;

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    provide documents to verify the prisoner's release; and

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    encourage the prisoner to respond immediately to any FO requests for information, and not to miss any interview appointments.

For instructions about prisoner reinstatements, see GN 02607.840, GN 02607.875 and GN 02607.995

D. Procedure for processing prerelease RSI claims

1. Determine the first month payable for RSI cases

a. RSI only

The first month payable for RSI is the first eligible full month after release from incarceration (e.g., Claimant is released Sept 15th, first full month out is October 1st-31st, and therefore Month of Election (MOEL) could be no earlier than October, for MOEL see GN 00204.040.

b. Concurrent SSI and RSI claims

A claimant filing concurrent claims can elect the first full month after release for benefits to begin without losing their potential SSI eligibility. For SSI policy regarding filing for other types of program benefits, see SI 00510.001D.1.

EXAMPLE: A claimant is incarcerated and scheduled to be released September 15, 2023. The individual turned 62 on January 5, 2023 and files their applications for RSI and SSI on August 16, 2023. The individual should select October 2023 as their MOEL because that is the first month after they are released and the first month benefits are payable.

2. Processing initial RSI claims under prerelease

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    Once the claimant is released, and the claimant meets all entitlement criteria, apply reinstatement procedures in GN 02607.840A.1.

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    Add completed forms and referrals to the Evidence Portal (EP) for documentation purposes.

E. Procedure for processing Disability claims

1. Determine Month of Entitlement (MOET) for disability prerelease cases

The five-month waiting period, if applicable, starts while the NH is still incarcerated. See DI 10105.070

2. Document exclusion from earnings computation (EC) non-medical completion when processing disability claims.

Document the exclusion from EC non-medical completion in the Modernized Claims System (MCS) by:

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    Entering PRISON or PRERELEASE on the issue line and “DEVELOPMENT NEEDED” on the remarks line of the development worksheet screen (DW01).

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    Explaining the reason why we excluded the claim from the non-medical completion procedure on the MCS Worksheet Remarks screen (DW03).

3. Referring disability claims to DDS:

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    Before referring to DDS, develop all non-disability factors per DIB DI 10105.005, DWB DI 10110.001, or CDB DI 10115.001.

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    The FO must request all available medical evidence from the institution along with a signed SSA-827.  The FO must first ask the claimant to complete and sign form SSA-827. Make sure the institution understands the importance of medical evidence beginning with the alleged onset date and its importance in establishing a period of disability.

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    If the applicant was in a hospital or saw a physician outside the institution, get the providers’ addresses and document in the electronic file (EF).

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    Apply any existing regional or local prerelease procedures between the institution and DDS/FO.

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    The FO does not question the adequacy of the medical information contained in the medical report submitted by the institution. If the institution refuses to submit medical evidence, states it has no medical evidence, or the evidence appears incomplete and no other source of medical evidence is available, do not attempt further development.  Forward the medical evidence available to DDS.

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    Flag the Electronic Disability Collect System (EDCS) as a “Prerelease Case”. Explain any missing or incomplete medical evidence using EDCS 3367. For more information about flags in EDCS, see DI 81010.080 . For information on completing the SSA-3367, see DI 11005.045.

Note: 

Add completed forms and referrals to eView.

4. Adjudicating disability claims after obtaining a favorable DDS medical decision

a. All Title II prerelease claims except BOP conditional release and BOP skilled nursing care claims 

Once the FO receives a favorable medical decision from the DDS, follow these steps:

Contact the institution promptly to:

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    Advise the institution that we cannot pay benefits until we verify the release date and ask the institution for the expected release date.

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    If the institution has not released the applicant from confinement by the time DDS has approved the claim, adjudicate into prisoner suspense status as seen in MS 03509.016.

Once the individual is released, follow the Title II procedures for post-entitlement reinstatement in GN 02607.840.

b. Exception/Special processing instructions for BOP conditional release and BOP skilled nursing care prerelease claims 

  • •

    For BOP conditional release and skilled nursing case claims, if the institution has not released the applicant from confinement by the time DDS has approved the claim, adjudicate into prisoner suspense status as seen in MS 03509.016. Once the incarcerated individual is released, follow the Title II procedures for post-entitlement reinstatement in GN 02607.840.

F. References:

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    DI 10110.001 Requirements for Disabled Widow(er)’s Benefits (DWB)

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    DI 10105.005 Eligibility for Disability Insurance Benefits (DIB) or the Disability “Freeze”

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    GN 02607.840 Retirement, Survivors and Disability Insurance (Title II

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    MS 03509.016 Suspension Events (SUSP)

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    RS 00201.001 Retirement Benefits- Entitlement Requirement

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    RS 00203.001 Entitlement and Non-Entitlement Provisions for Child’s Benefits

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    RS 00207.001 Widow(er)’S Benefits Definitions and Requirements

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    RS 00208.001 Mother/Father Definitions and Requirements

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    RS 00209.001 Entitlement and Non-Entitlement Provisions for Parent’s Benefits

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    SI 00510.001 Overview of the Filing for Other Program Benefits Requirement

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    SI 00520.900 Prerelease Procedure - Institutionalization

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    SI 00520.910 Prerelease Agreements with Institutions

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    SI 00520.920 Processing Prerelease Claims

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    SI 00520.930 Exhibits of Prerelease Agreements, Referrals and Forms

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201090001
GN 01090.001 - Title II Prerelease Procedures<EndLine/> - 03/21/2025
Batch run: 03/21/2025
Rev:03/21/2025