TN 13 (07-17)

A. Policy for a conditional WD

Occasionally, a claimant may be potentially eligible for more than one type of benefit we offer (e.g., Retirement Insurance Benefits (RIB) and Disability Insurance Benefits (DIB)). For information about the effect of filing for more than one benefit, see GN 00201.005D.4.a. If the claimant has to wait for the outcome of one claim, but requests to receive the other while waiting, he or she has the option to withdraw the lower benefit payment once we made a determination on the pending claim.

A claimant must submit a conditional WD request at the time of filing for the benefits.

EXAMPLE: A number holder (NH) files for reduced RIB and DIB at the same time. The claimant starts receiving reduced RIB benefits while waiting for a decision on the DIB claim. Upon receiving an award for his or her DIB benefit (higher benefit); the NH can withdraw the reduced RIB if he or she included a conditional statement in the RIB claim. Refer to section B on this section for documentation requirements. Conditional WDs do not apply to conversion cases (e.g., DIB to RIB at FRA), see GN 00206.001F.

B. Processing conditional WD requests involving DIB

1. Field office (FO) actions

• Discuss the information listed in GN 00206.001 with the claimant and obtain the written WD request or a form SSA-521 (Request for Withdrawal of Application), per GN 00206.005.

• Include a statement in the WD request SSA-521, which must stipulate the WD will be effective upon a favorable determination on the other claim.

  EXAMPLE: “I wish to withdraw my retirement claim only if it is determined that I am entitled to disability beginning no later than October 2011.”

• Document the claim by adding the conditional statement to the remarks (RMRKS) screen) and preparing a report of contact (RPOC) with the WD discussion.

• Adjudicate the retirement benefit the claimant wants to receive while waiting for the disability determination.

• Set a 9-month diary using Diary Code 25 for suspension, deduction, or termination of benefits following instructions in GN 01010.260A.2. The diary will alert the PC of the future WD action needed and the location of the WD request.

• Fax the WD request into the electronic folder (EF).

  NOTE: A conditional WD request does not count as the one WD request per lifetime.

2. Processing Center (PC) actions

Upon the maturity of the 9-month diary, the PC technician must contact the Disability Determination Services (DDS) to determine when the disability determination will be available. Reset the diary based on the information provided by the DDS.

C. Processing conditional WD requests not involving DIB

For cases not involving a DIB claim, there is no need to hold the request.

If the claimant meets the conditions in GN 00206.005, process the request and send a notice of approval.

EXAMPLE: A claimant currently receiving Unemployment Compensation (UC), files a RIB claim. The claimant thinks the RIB benefit will negate the UC benefits. He or she can file a conditional WD request until he or she gets more information about the UC.

The notice of approval of the WD must contain the following information:

• The condition of the WD request;

• An explanation that it is the claimant's responsibility to notify us if the condition of the WD request does not produce the predicted outcome;

• A statement that we are approving and processing the WD on the assumption that this condition or event will happen; and

• A 60-day period to report changes that affect the WD request.

EXAMPLE: “We approved your withdrawal request based on the assumption that [list condition(s) from the withdrawal request] will occur as you predicted. You are responsible for notifying the Social Security Administration if the condition(s) you listed on your withdrawal request does not occur within 60 days of the notice of approval of withdrawal.”

D. Canceling conditional WDs

When a claimant bases a conditional WD on an uncertain circumstance, he or she has 60 days from the date of the WD approval notice to request a cancellation of the conditional WD. For requirements to submit the cancellation, refer to GN 00206.017 Cancellation of a request for WD.

E. References

• GN 00206.001 Withdrawal (WD) of a Title II Benefit Claims Application

• GN 00206.005 Requirements for Withdrawal (WD) of a Benefit Application

• GN 00206.017 Cancellation of a Request for Withdrawal (WD)