GN 02607.730 Processing Cases Through PUPS After the Conviction/Commitment Is Confirmed

A. PROCEDURE - SUSPENDING BENEFITS AFTER SSA LEARNS OF THE BENEFICIARY'S CONVICTION OR COMMITMENT DATE

Benefits are suspended effective with the month (including any part of the month) the beneficiary has been convicted of a crime or the court issues an order of commitment and the beneficiary is confined in a correctional or mental institution.

NOTE: For confinements beginning 04/01/00 and continuing, the beneficiary must also be:

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Convicted of a criminal offense or determined to be NGRI, incompetent to stand trial or sexually dangerous and
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confined in a correctional or mental institution after the conviction/commitment for more than 30 continuous days before their title II benefits are suspended.

Suspend benefits effective with the month of the conviction or the court order of commitment and the same month the confinement began in the correctional/mental institution. The inmate must serve a period of confinement of more than 30 continuous days in an institution before you can legally suspend the title II benefit.

You will ignore the period of confinement (time spent in jail before the trial begins) pending trial. Suspend benefits effective with the official date of the inmate's conviction or court order of commitment or , the date the inmate starts physically residing in a correctional or mental institution. Choose whichever date is later if the dates are different.

See GN 02607.730B. for instructions on suspending title II benefits.

B. PROCEDURE - REOPENING OF PUPS RECORDS WHEN THE CONVICTION/COMMITMENT DATE IS KNOWN

1. PUPS Record Previously Closed as "NO SUSPENSION" or TRIAL PENDING

NOTE: If the PUPS record was previously closed as a "NO SUSPENSION" or a TRIAL PENDING action, do not post a conviction date to the PUPS record before reopening the PUPS record. (See MSOM PRISON 003.001-5 for reopening instructions for PUPS records.)

Suspending Benefits After Reopening of PUPS Record

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Mail advance notification to the beneficiary at the address of record on the MBR.

NOTE: Do not change the mailing address of the beneficiary unless the beneficiary personally requests it.
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On the PUPS Record take the following actions:

Check to see if a PUPS automated processing exclusions exists for the PUPS record. See GN 02607.740 for PUPS Automated Processing Exclusion instructions. If no PUPS automated processing exclusion exists, continue process as indicated below:

(See MSOM PRISON 003.001-5 for PUPS processing instructions on reopening of closed PUPS records.)

ACTION	PUPS DATA FIELD	INPUT DATA
SELECT	TYPE OF ACTION =	1 - SUSPEND BENEFITS
POST	ACTION EFFECTIVE DATE =	the date suspension is effective
POST	CONFINEMENT TYPE =	1 - PRISON or 2 - MENTAL
CORRECT	RECEIPT DATE =	Change the receipt date to the date you learned of the conviction or the date the court order for commitment was obtained.
POST	NOTICE DATE =	the date the advance notice is mailed
POST	DUE PROCESS DATE =	1- 10 days or 2- 30 days
CHECK & CORRECT	REPORTER ID CODE =	Reporter who gave SSA conviction information
CHECK & CORRECT	FACILITY ID CODE =	Facility under the reporter who gave SSA conviction information
CHECK & CORRECT	CONFINEMENT DATE =	the date the inmate was confined
POST	CONVICTION DATE =	the date the inmate was convicted of a crime or the date the inmate was committed because of a court order
CHECK	RELEASED DATE =	delete the released date from the PUPS record if one is present. You cannot suspend benefits through PUPS if a released date is on the PUPS record.
POST	REMARKS =	add an explanation of the suspension action.

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If there are multiple PUPS records for the same individual, PUPS generates a question, "OTH REPORT NUMBER ARE PENDING. SHOULD THESE BE CLEARED NO SUSPENSION (Y/N).” Answering this question with a "Y" allows you to clear all PENDING PUPS reports with a single input. Make sure that all other records are cleared as "NO SUSPENSION," except the one you are using to suspend benefits.

NOTE: When choosing TYPE OF ACTION 1, "SUSPENSION" on the PUO2 screen, the PUPS record status is changed back to PENDING. Annotate all revised data elements to the PUPS record.
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Forward the "PRONG FILE" case materials to the jurisdictional PC/OCO-ODO after you check the PUPS record to be sure it is closed. (See GN 02607.990 for addresses for the PCs/OCO-ODO.)
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If the PUPS record does not close, use the 2795 Prisoner Processing Fax process to notify the PC/OCO-ODO to manually suspend the benefits. See GN 02607.995 for preparation of the 2795 Fax form. Leave the PUPS record PENDING, the suspension action will close the PUPS record when the MBR interface occurs. See GN 02607.750 for PUPS cases where a T2R exception precludes suspension processing for the PUPS record.
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Transfer the PUPS PENDING record to the PC/OCO-ODO per GN 02607.465.

NOTE (1): The ACTION EFFECTIVE DATE is the date SSA suspends benefits (places the beneficiary in LAF S7 on the MBR; i.e., the DOST date) for prisoner/NGRI suspension.

NOTE (2): If there is something wrong with the MBR or the case is a T2R exclusion, the jurisdictional PC/OCO-ODO automatically receives the T2R exception for suspension processing. See GN 02607.750 for instructions on processing T2R exception cases.

NOTE (3): If a PUPS automated processing exclusion exists on the PUPS record, use the 2795 FAX procedure to notify the PC/OCO-ODO to suspend the benefits. Close the PUPS PENDING Record as “NO SUSPENSION.” Add remarks to the PRMK screen to explain why the PUPS record was closed. See GN 02607.740 for additional instructions on processing PUPS automated processing exclusion cases.

2. PUPS Record is Currently in "PENDING" Status (EXPECTED TRIAL DATE Entry Matured)

Process as indicated in GN 02607.730B.1.

3. PUPS Record is Currently In "TRIAL PENDING" Status (EXPECTED TRIAL DATE Diary Has Not Expired)

Process as indicated in GN 02607.730B.1.

C. PROCEDURE - PUPS PROCESSING BENEFICIARY NOT CONVICTED OR COMMITTED OR IN AN INSTITUTION 30 DAYS OR LESS

If the beneficiary was not convicted of a crime or committed as an NGRI, incompetent to stand trial individual or a sexually dangerous person, or was in a correctional or mental institution 30 days or less, process as indicated in the chart below:

ACTION	PUPS PROCESSING ACTION	INPUT DATA
SELECT	Type of Action	2 - CLEAR CONTROL--NO SUSPENSION NECESSARY
POST	Conviction Date	Post conviction date if beneficiary was convicted and released before remaining in jail 30 continuous days or less or given time already served. Do not post a conviction date for individuals not convicted of a crime; e.g., NGRIs, etc.
POST	Release Date	Date beneficiary was released from the institution.
POST	Remarks	Explain the reason for the "NO SUSPENSION" clearance in the PRMK screen on the PUPS record.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202607730

GN 02607.730 - Processing Cases Through PUPS After the Conviction/Commitment Is Confirmed - 04/26/2023
Batch run: 11/06/2024
Rev:04/26/2023

Social Security

Program Operations Manual System (POMS)